Injured by a Drunk Driver in Virginia? What You Need to Know
Fourth of July weekend brings cookouts, fireworks, and time with family. It also brings some of the busiest travel of the year. Unfortunately, drunk driving accidents in Virginia tend to increase during holiday weekends. If you or someone you love is injured by a drunk driver, here’s what you need to know about protecting your rights.
The Criminal Case Is Not Your Case
When a drunk driver injures someone, two separate legal processes can follow. The first is the criminal case, where the state prosecutes the driver for DUI. The second is the civil case, where the injured person seeks financial compensation for their losses.
These two processes are completely independent of each other. You do not need to wait for a criminal conviction to pursue a civil claim. The drunk driver could plead guilty, be acquitted, or never be charged at all — and your right to seek civil compensation remains.
As the injured party, your focus should be on the civil side. That is where your medical bills, lost wages, and pain and suffering are addressed.
What Compensation May Be Available
If a drunk driver caused your injuries, you may be entitled to compensation for a range of losses, including:
Medical expenses. This includes emergency care, hospitalization, surgery, physical therapy, and any future treatment related to your injuries.
Lost income. If your injuries kept you out of work, you may recover wages lost during your recovery — and in serious cases, compensation for reduced earning ability going forward.
Pain and suffering. Virginia law recognizes that physical pain, emotional distress, and the disruption to your daily life have real value, even when they don’t come with a receipt.
Property damage. The cost to repair or replace your vehicle and any personal belongings damaged in the crash.
In some cases involving particularly reckless conduct — such as a driver who was highly intoxicated or engaged in especially dangerous behavior — punitive damages may also be available under Virginia law. Whether punitive damages apply depends on the specific facts of the case.
Why You Should Act Quickly
After a drunk driving crash, time matters more than most people realize.
Evidence fades fast. Surveillance footage gets overwritten. Witnesses become harder to reach. The results of the driver’s blood alcohol test — powerful evidence in your civil case — need to be properly preserved. An attorney can take steps to protect this evidence before it disappears.
Insurance companies also move quickly. The drunk driver’s insurer may contact you soon after the crash, often before you fully understand the extent of your injuries. Their goal is to settle your claim for as little as possible. A recorded statement made without legal counsel can be used to reduce what you recover.
Virginia also follows a strict legal rule called contributory negligence. Under this rule, if an insurance company can show that you were even slightly at fault for the crash, you could be barred from recovering anything at all. This makes having experienced legal guidance from the start especially important.
What to Do If a Drunk Driver Hits You
Call 911. Make sure law enforcement responds and documents the scene. A police report is critical evidence — especially if the driver is tested for alcohol at the scene.
Seek medical attention right away. Even if you feel okay, get evaluated. Some serious injuries don’t show symptoms immediately.
Document everything you can. Take photos of the vehicles, the scene, and any visible injuries. Get the other driver’s information and collect contact details from any witnesses.
Do not speak to the other driver’s insurance company without an attorney. You are not required to give a recorded statement, and doing so without legal advice carries real risk.
Contact a personal injury attorney as soon as possible. The sooner you have someone in your corner, the better positioned you are to protect your rights and your recovery.
We Are Here to Help
A drunk driving crash can change a person’s life in an instant. At Davies, Barrell, Will, Lewellyn & Edwards, PLC, we represent injury victims throughout Fredericksburg, Spotsylvania, Culpeper, Warrenton, Fauquier County, Louisa County, Stafford County, Albemarle County, and the surrounding communities.
Our auto accident attorneys offer free consultations with no obligation. If you have been hurt by a drunk driver, we are ready to listen and help you understand your options.
Contact DBWLE today — there is no cost to speak with our team.
The map below shows Fredericksburg, Virginia, and the surrounding communities served by DBWLE for car accident and personal injury claims.
