According to a report from the Virginia Highway Safety Office, there were 6,767 alcohol-related crashes in 2024, a slight decrease from the previous year. However, 318 people were killed, and 4,306 were injured in drunk driving accidents, both increases from 2023. Driving under the influence (DUI) convictions in Virginia also increased.
Far too often, people suffer serious harm caused by someone who chose to get behind the wheel while under the influence of alcohol. When this happens, it’s important to know what steps to take after being injured by a drunk driver in Virginia.
As drunk driving accident attorneys, we’ve seen victims of drunk driving crashes suffer a range of injuries, many of which take weeks, months, or years to recover from. Sometimes, these crashes cause permanent disabilities, even death, leaving families devastated.
After seeking medical attention, getting the driver's and witnesses’ information, and consulting with an attorney to help gather evidence, filing an insurance claim is the starting point for recovering compensation. Unfortunately, settlement offers from an insurance company are often far lower than you’re entitled to, or your claim gets denied because of something you should not have said to the insurance company after the accident.
Having an experienced drunk driver injury attorney after a crash in Virginia can ensure your claim is properly filed and that negotiations get the results you need. If not, your attorney can file a civil lawsuit on your behalf.
The Role of Insurance in a Virginia Drunk Driver Claim
Car accidents caused by drunk drivers are traumatic, and the aftermath is overwhelming. As the victim, you have rights, and an insurance claim can help, but the other driver’s policy might not be enough.
While Virginia law requires drivers to have insurance, some drunk drivers don’t have a policy. In other cases, what they have is minimal and doesn’t cover the level of damage you endured. This is when your own policy comes into play.
Unless you opted out, your uninsured (UM) or underinsured (UIM) driver coverage can help pay for medical bills, pain and suffering, vehicle damage, and time off work. But sometimes, the harm you suffered from an accident caused by a drunk driver in Virginia is far more than what insurance covers.
This is especially true when victims are hit while cycling or walking, two common modes of transportation in cities like Alexandria. Regardless of whether you were in a car, on a bike, or on foot, being hit by a drunk driver can have significant financial, emotional, and physical ramifications. Filing a civil lawsuit may be your best and only option to be properly compensated.
A Virginia drunk driving injury attorney can walk you through your insurance claim, negotiate with your insurer, and, if needed, file a civil lawsuit against the at-fault driver.
Criminal Charges vs Civil Lawsuits in a Virginia Drunk Driver Injury Claim
When police arrive at a Virginia car accident scene and suspect the driver is intoxicated, they typically do a field sobriety test and check the driver’s blood alcohol content (BAC). Based on the results, the driver could be arrested and charged with a DUI, have their license suspended and their car impounded, and face fines and/or jail time.
The seriousness of the charges relates to the level of harm and damage caused and whether the driver had a history of DUIs. But criminal cases are different from civil lawsuits, and the outcome doesn’t automatically affect your road to compensation. Criminal cases are the government punishing the at-fault party, while civil cases deal with the victim seeking personal recovery (compensation) for the harm caused.
Medical bills and reports, eyewitness accounts, BAC, bodycam footage, and documentation for time off work are other key types of evidence your attorney can help collect and organize. Determining all you’ve suffered due to another person driving under the influence of alcohol requires careful analysis of immediate and short-term costs, as well as the long-term or permanent implications.
Understanding Damages in a Drunk Driver Accident Claim in Virginia
Being hit by a drunk driver in Virginia can cause short- and long-term injuries, and in the worst case, be fatal. The impact of this type of Virginia car accident is often felt in every area of your and your family’s lives. The good news is that you could recover adequate compensation through insurance, and if not, a civil lawsuit against the driver.
Compensatory damages for drunk driver victims in Virginia cover actual losses. The obvious include medical bills for treatment, hospital stays, rehabilitation, and appointments. These damages also cover lost wages, property damage (car accident damage), and pain and suffering.
Punitive Damages
While rare, punitive damages could also be awarded in your civil case. Punitive damage is a monetary amount awarded to the victim to punish the at-fault driver for their actions in a civil case. It requires a higher level of negligence on the defendant’s part. Specifically, “negligence which is so willful or wanton as to evince a conscious disregard of the rights of others, as well as malicious conduct, will support an award of punitive damages in a personal injury case.” Booth v. Robertson, 236 Va. 269 at 273 (1988). This happens when the driver’s actions were especially harmful or displayed a reckless disregard for the safety of others. Punitive damages often act as a deterrent and make an example of the guilty party. There are two standard ways to get punitive damages awarded to a person injured by a drunk driver: through a statutory claim or through a common law claim.
Statutory Claim
Under Virginia Code § 8.01-44.5, punitive damages could be pursued if the impaired driver had a BAC of 0.15% or higher, or if they unreasonably refused to take a breathalyzer test once arrested. Unfortunately, Virginia § 8.01-38.1 places a $350,000 cap on punitive damages. This is a relatively easy standard to meet if a driver is impaired and has a BAC of 0.15% or higher at the time the injury occurred or if the driver unreasonably refuses to submit to a test of his or her blood alcohol content as required by Virginia Code § 18.2-268.2.
Common Law Claim
If a drunk or impaired driver injures someone, but does not have a BAC of 0.15% and does not refuse to take a BAC test required by Virginia Code § 18.2-268.2. A common law claim for punitive damages still can be made. Common law is a term used to describe the current interpretation of the law by the Courts and how it is applied to the facts of the case. Booth v. Robertson, 236 Va. 269 (1988) and Huffman v. Love, 245 Va. 311 (1993) provide guidance on what a trial court considers when ruling on permitting a punitive damage claim to be presented to the jury. “[I]n determining whether punitive damages may be considered by a jury in an automobile collision case, the trial court’s inquiry is limited to ascertaining if reasonable persons could differ in their conclusions whether the defendant’s negligent conduct, considered in its entirety, was so willful or wanton as to show a conscious disregard for the rights of others.” Huffman v. Love, 245 Va. 311 at 315.
Not every case involving a drunk driver causing an injury will lead to a punitive damages claim; it is all very fact specific to the surrounding circumstances of the case at issue—the defendant’s conduct before the injury took place, conduct after the injury took place, level of intoxication, and any other material fact that can be used to show a conscious disregard for the rights of others. This nuance in the law is why it is very important to contact a personal injury attorney who handles injuries caused by drunk drivers.
If you were in an accident caused by a drunk driver, you and your family should be able to focus on your recovery – without having to shoulder the burden and stress of fighting for the compensation you deserve. Our Virginia drunk driver injury attorneys are here to help. Contact us online or call/text 703-836-3366 for a free consultation.
