If a drunk driver hits you in Virginia, safety should be your priority. Move to a safe location, check for injuries, and call 911. Take photos and videos of the accident scene and gather contact information from witnesses. Then, see a doctor as soon as possible and consult an experienced car accident lawyer.
Drunk driving accidents can permanently alter victims’ lives. Protecting your rights after a drunk driver hurts you in a crash requires fast action and a keen understanding of what’s needed to hold the at-fault party responsible and pursue the compensation you deserve.
What Steps Should You Take Immediately After the Accident?
Your actions directly after being hit by a drunk driver can make a big difference in the outcome of your case. Here are a few steps you should take after a crash:
- Get to a safe location and call 911 – Check to see if you or anyone else has suffered serious injuries. If so, call 911 immediately. If not, move your vehicle out of the way of oncoming traffic and then call 911.
- Document the accident scene – Take photos and videos of license plates, vehicle damage, skid marks, accident debris, traffic signs and signals, road and weather conditions, the surrounding area, and visible injuries.
- Collect witness information – If anyone witnessed the accident, gather their names and contact information.
- Seek prompt medical attention – See a healthcare provider right away. Some injuries are not always immediately apparent. Prompt medical care provides vital documentation that can link your injuries to the accident.
- Contact a skilled attorney at Marks & Harrison – We can protect your rights when dealing with the other driver’s insurance company and guide you through the process of holding the drunk driver accountable.
Should You Confront the Driver If You Suspect They Are Drunk?
While it can feel tempting to confront a driver who appears intoxicated after they caused an accident, it is NOT recommended. Drunk drivers can be unpredictable and aggressive. You could put yourself or others at risk. Instead, you should:
- Keep a safe distance.
- Avoid arguments or accusations.
- Let law enforcement handle the situation.
Your goal should be to ensure safety and strengthen your drunk driving accident claim by gathering evidence. Let the police and your lawyers sort out the rest.
What Are Virginia’s Laws Regarding Driving Under the Influence?
Virginia has strict laws against driving while intoxicated (DWI). A person is legally under the influence of alcohol when they have a blood alcohol concentration (BAC) of 0.08% or higher. Virginia law also allows DWI charges for drivers under the influence of drugs or prescription medications.
Penalties for DWI in Virginia can include fines, license suspension, mandatory alcohol education programs, and even jail time. Victims may also pursue a civil claim against a drunk driver who damaged their property or caused them harm.
Unlike many other states, Virginia does not have dram shop laws. These laws hold bars, restaurants, and other establishments that serve alcohol accountable when they serve a visibly intoxicated or underage person who later causes an accident or injuries. In states with dram shop laws, these businesses may be held responsible for damages in a drunk-driving accident claim. In Virginia, liability in these crashes most often falls strictly on the impaired driver.
How Can You Prove the Driver Who Hit You Was Driving Drunk?
Proving the at-fault driver who hit you was under the influence of alcohol or drugs is critical to winning your case. The evidence of drunk driving may include:
- Police reports
- Field sobriety tests
- Breath, blood, or urine tests
- Witness testimony
- Surveillance or dashcam footage
- Medical records.
Whether it’s a breathalyzer test reading well above the limit, a crash report that identifies signs of intoxication, or a witness statement describing erratic driving patterns, evidence that the driver was drunk can provide a strong foundation for proving negligence.
Should I Talk to the Drunk Driver’s Insurance Company After the Accident?
Insurance companies often reach out after car accidents to request recorded statements or offer settlements. You should always refer insurers to your drunk driving accident lawyer whenever possible. If you must speak to them, remember:
- Never admit fault.
- Avoid speculating about the accident.
- Do not provide any recorded statements.
- Never accept quick settlements.
- Do not sign anything without consulting an attorney.
An experienced attorney at Marks & Harrison will know how to deal with insurance company tactics. They can handle all communications and protect your rights.
What Compensation Can Victims of Drunk Driving Recover in Virginia?
Virginia law allows victims of drunk driving accidents (both other drivers and passengers) to recover compensation for their financial losses and the physical and emotional damage the at-fault party caused. Your drunk driving accident attorney at Marks & Harrison may seek compensation for you that includes:
- Medical expenses – Emergency services, hospitalization, surgeries, follow-up appointments, medical devices, medications, physical therapy and rehabilitation, and future medical costs related to your injuries
- Lost wages – Hourly wages or salary, missed raises or promotions, commissions and tips, sick days, vacation time, medical benefits, and future lost wages
- Property damage – Repairing or replacing your vehicle and any other property damaged in the accident, as well as compensation for the diminished resale value of your car
- Pain, suffering, and emotional distress – Compensation for the physical pain, mental anguish, and emotional trauma the accident caused you.
Does Virginia Have a Deadline for Filing a Drunk Driving Accident Lawsuit?
Under Virginia law, you typically have two years from the date of the injury to file a personal injury lawsuit. Missing this deadline can severely limit your legal options and prevent you from recovering your rightful compensation.
Contact a Virginia Drunk Driving Accident Lawyer Near You
If you’ve suffered injuries in a car accident and you suspect the driver was drunk, you need a skilled attorney to protect your rights. The team at Marks & Harrison has recovered millions in verdicts and settlements for our clients. We will fight to hold the negligent party accountable and pursue the compensation you deserve. Contact us today for a free consultation.
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