Driving under the influence (DUI) is a serious offense that puts the lives of everyone on the road at risk. In Virginia, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. Despite strict laws and severe penalties, drunk driving accidents still occur far too often. According to the Virginia Department of Motor Vehicles, there were over 18,000 DUI convictions in the state in 2020 alone.
If you or a loved one has been injured in an accident caused by a drunk driver, you have the right to seek compensation for your losses. However, the legal process can be complex and confusing.
Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000.
Virginia's DUI Laws
Virginia has some of the strictest DUI laws in the country. Under Code of Virginia Section 18.2-266, it is unlawful for any person to drive or operate a motor vehicle:
While having a blood alcohol concentration (BAC) of 0.08% or higher
While under the influence of alcohol
While under the influence of any narcotic drug or other self-administered intoxicant
While under the combined influence of alcohol and any drug
Penalties for a first-offense DUI in Virginia can include fines up to $2500, up to 12 months in jail, license suspension for one year, and mandatory completion of an alcohol safety program. Repeated offenses and cases involving high BAC levels, injuries, property damage, or minor passengers carry even more severe penalties.
Pursuing a DUI Accident Injury Claim
If you've been hurt in a crash caused by a drunk driver, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. However, securing a full and fair settlement is rarely straightforward. Insurance companies are focused on protecting their bottom line and will look for any reason to deny your claim or minimize your payout.
To give yourself the best chance at a successful outcome, there are certain key steps you should take and mistakes you need to avoid after a DUI accident in Virginia:
Seek prompt medical attention.
Your health and well-being should always be the top priority after any auto accident. Don't decline or delay medical treatment, as gaps in care can be used against you by the insurance company. Follow your doctor's orders and attend all follow-up appointments.
Report the accident to the police.
Call 911 immediately after a suspected drunk driving crash. Cooperate with responding officers and inform them of any signs of intoxication you observed in the other driver, such as slurred speech, bloodshot eyes, or the odor of alcohol. A formal police report and DUI charges against the at-fault driver can be robust evidence in your injury claim.
Document everything.
If it is safe, take photos and videos at the accident scene showing vehicle damage, your visible injuries, road conditions, and any other relevant details. Get contact and insurance information from the other driver, along with the names and numbers of any eyewitnesses. Keep copies of police reports, medical records, bills, and receipts related to the accident.
Watch what you say.
Never apologize or admit fault for the crash, as your statements can be used against you. Refrain from posting about the accident or your injuries on social media. Decline to give a recorded statement to the other driver's insurance company without consulting a personal injury attorney.
Contact an experienced DUI accident lawyer.
DUI accident cases are more complex than a typical car crash claim. Issues like punitive damages, dram shop liability, uninsured/underinsured motorist coverage, and criminal restitution may come into play. An experienced Dui accident attorney can help you understand your rights, gather evidence, deal with the insurance companies, and fight for the maximum compensation you deserve.
At Altizer Law, we offer free consultations to DUI accident victims and work on a contingency fee basis, meaning you pay no upfront costs and only owe DUI accident attorney fees if we win your case. Don't go up against the insurance companies alone. Let us put our knowledge, experience, and resources to work for you.
Common Questions About Virginia DUI Accident Claims
What Damages Can I Recover In A Dui Accident Case?
If you've been injured by a drunk driver in Virginia, you may be entitled to compensation for economic and non-economic damages including:
Current and future medical expenses
Lost wages and reduced earning capacity
Property damage
Pain and suffering
Emotional distress
Loss of enjoyment of life
Scarring and disfigurement
In some cases, you may also be awarded punitive damages. Unlike compensatory damages that are meant to "make you whole," punitive damages are intended to punish the drunk driver for gross negligence and deter similar misconduct in the future.
Can I File A Claim Against A Bar Or Restaurant That Overserved The Drunk Driver?
Virginia generally follows a legal doctrine known as "dram shop liability" that may allow DUI accident victims to bring a claim against an alcohol vendor who continued serving a visibly intoxicated person who then caused a drunk driving crash. However, Virginia's dram shop law is relatively narrow and requires proof that the vendor knew the customer was intoxicated and had personal knowledge that they would soon be driving. Dram shop cases tend to be very fact-specific and challenging to prove without solid evidence and experienced legal guidance.
What If The Drunk Driver Is Uninsured Or Underinsured?
Unfortunately, many DUI offenders do not have auto insurance at all or only carry the minimum mandatory liability coverage of $25,000 per person/$50,000 per accident. If the drunk driver lacks sufficient insurance to fully compensate you for your losses, you may be able to turn to your own auto policy's uninsured/underinsured motorist (UM/UIM) coverage. This is one of many reasons why it's so important to review your insurance coverage with a personal injury attorney after any serious accident.
Will The Drunk Driver's Criminal Case Affect My Injury Claim?
When a drunk driver causes an accident that results in injuries or death, they will likely face both criminal DUI charges and civil liability for damages. These are two separate legal processes. The outcome of the criminal proceeding does not determine civil liability, but a criminal conviction can serve as compelling evidence in a personal injury case. An experienced DUI accident attorney can help you navigate the complexities involved when there are both criminal charges and a civil claim against the drunk driver.
How Much Does It Cost To Hire A Virginia Dui Accident Attorney?
Most reputable personal injury lawyers handle cases on a contingency fee basis. This means you pay no money upfront, and the personal injury attorney only collects a fee if they secure a settlement or verdict on your behalf. Under a contingency fee arrangement, the DUI accident lawyer typically takes a percentage of the total recovery (usually around 33-40%) plus any case expenses incurred. Be wary of any personal injury attorney who pressures you to pay a hefty retainer fee for a DUI accident case.
Get Experienced Help With Your Virginia DUI Accident Claim
Drunk driving is never acceptable. Impaired motorists who recklessly endanger others must be held accountable. If you or someone you love has been harmed in a crash caused by an alcohol or drug-impaired driver, you need experienced legal representation to protect your rights and fight for the compensation you deserve.
The knowledgeable DUI accident attorneys at Altizer Law are here to help. We understand the physical, emotional, and financial toll a severe wreck can take on victims and their families. Our team has a proven track record of success standing up to insurance companies and securing maximum client compensation.
Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven personal injury lawyers today at 540.345.2000 for your free consultation.
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