Drunk driving remains a significant threat to road safety across the United States. According to the National Highway Traffic Safety Administration (NHTSA), about 13,524 people died in drunk-driving crashes in 2022, accounting for about one-third of all traffic fatalities. On average, one alcohol-impaired driving fatality occurred every 39 minutes in 2022.
In Virginia alone, there were 6,979 alcohol-related crashes in 2023. Of those, there were 293 alcohol-related fatalities, which was a 6.9 percent increase over the number of alcohol-related fatalities recorded in 2022. Most of those were drivers, but 31 were passengers, and 72 were pedestrians.
When someone is injured by a drunk driver, pursuing a legal claim is rarely simple. Drunk-driving accident claims often involve complex legal issues that go beyond ordinary car accidents.
At Shapiro, Washburn, & Sharp, our experienced attorneys understand these complexities and can help guide you through the process to seek the full compensation you deserve. Call our Virginia Beach car accident lawyers at 833-997-1774 for a free consultation.
Why Are Drunk Driving Accident Cases More Complex?
While any car accident claim can have challenges, drunk-driving ones typically have extra layers of complexity. Here’s why:
Criminal Charges
If a driver is arrested for driving under the influence (DUI), the criminal case proceeds separately from the victim’s injury claim. Evidence from the criminal case—like the breathalyzer results, police reports, or witness testimony—may be critical to your lawsuit.
An experienced attorney can often access and use this evidence even if the trial is ongoing. They can file motions to obtain important evidence from the criminal investigation and manage the civil claim timeline to avoid unnecessary delays.
Punitive Damages
Typical car accident claims involve only compensatory damages like lost wages and medical expenses. Drunk driving cases, however, may also involve punitive damages, which punish the drunk driver for their behavior. That adds another dimension to settlement negotiations and trial preparation, which is why having a car accident attorney on your side can help.
Insurance Complications
The insurance company representing the drunk driver or other liable party is likely to aggressively defend drunk-driving cases because of the potential for higher damages. In some cases, the at-fault driver’s policy limits may be quickly exhausted, meaning that the insurance policy’s limits may not be enough to cover the victim’s damages. If not, the victim’s attorney may need to explore other avenues of compensation.
Evidence Preservation
The blood alcohol concentration (BAC) test often serves as the main piece of evidence to prove that the at-fault driver was intoxicated. If this test isn’t properly preserved, however, the defense may challenge the results, which is why an experienced lawyer is key to a successful case. Police reports and witness statements may also support the argument that the driver was drunk.
Multiple Parties
In some cases, other parties outside of the driver may share in liability for the victim’s damages. The bar or restaurant that served the alcohol, for example—particularly if they served it to someone who was already intoxicated—may also be held responsible.
What Types of Damages Can a Drunk Driving Victim Pursue?
Victims of drunk-driving accidents can pursue various types of damages, depending on the severity of their injuries.
Economic Damages
These are damages that can be assigned a clear financial value. Medical expenses, for example, including past and future medical bills, hospital stays, surgeries, physical therapy, medications, and assistive devices, would all qualify for reimbursement. Lost wages compensate the victim for time missed from work while recovering.
In cases of severe injury, if the victim is unable to return to the job they were doing before, they may be able to recover loss of earning capacity. Property damages—including the costs to repair or replace your vehicle and other property damaged in the crash—also qualify as economic damages.
Non-Economic Damages
These are damages that don’t have a clear financial value attached to them. Instead, lawyers and insurance companies use certain equations to determine a likely value. These equations take into account the severity of the injuries, the length and difficulty of the recovery, and the impact on the person’s quality of life.
Pain and suffering, for example, is a non-economic damage. So is mental anguish, loss of enjoyment of life, and loss of consortium, which refers to the impact of the crash on relationships with spouses or family members.
Punitive Damages
These are unique damages designed to punish particularly egregious behavior, such as drunk driving, and to help deter the driver from engaging in that behavior again.
In Virginia, punitive damages are often available in drunk-driving cases because driving under the influence is considered “willful and wanton” conduct—a higher standard of negligence.
How Do Blood Alcohol Levels Affect a Legal Claim?
A driver’s blood alcohol concentration (BAC) can heavily influence the ease with which a victim may recover compensation.
BAC of 0.08%
In Virginia, this is the legal limit for drivers 21 and older. A driver at this level is considered legally intoxicated. If the at-fault driver’s BAC was 0.08% or higher, it serves as strong evidence of negligence and can make a victim’s claim for compensation much stronger.
BAC Over 0.08%
If the at-fault driver’s BAC was above 0.08% (for example, 0.12%), it further strengthens the victim’s case. Higher BACs suggest that the driver was even more impaired and reckless, which supports a victim’s argument for compensation and, potentially, punitive damages.
BAC of 0.15% or Higher
Virginia law treats drivers with a BAC of 0.15% or higher even more harshly. A BAC at or above 0.15% typically leads to greater criminal penalties for the driver, which also provides persuasive evidence in a victim’s civil case. In addition, it strongly supports a claim of punitive damages due to the “gross” negligence involved.
In summary, the higher the at-fault driver’s BAC, the stronger the victim’s potential claim for both economic recovery and punitive awards.
How Can a Car Accident Attorney Help?
If you or a loved one was involved in a serious accident with a drunk driver, contact us at Shapiro, Washburn, & Sharp right away. We have decades of experience handling these types of claims and know how to be sure critical evidence like BAC results and police reports are preserved.
Our goal is to make the legal process as smooth as possible while fighting to secure the maximum compensation for you, as we did for our Virginia car accident client who suffered irreversible brain damage when a drunk driver hit her car head-on in Newport News, VA. We helped present a strong case, which resulted in a $2.5 million jury verdict for compensatory damages and $1 million in punitive damages for our client.
Our offices are located in Virginia Beach, Norfolk, Suffolk, Hampton, and Portsmouth.
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For over twenty years, Mr. Sharp's law practice has focused on serious personal injury claims, including traumatic brain injury and spinal cord injury claims. He also handles nursing home neglect cases and medical malpractice claims. Mr. Sharp has counseled numerous clients about the complexities concerning litigation of both pediatric and adult brain injury. Mr. Sharp has been awarded the AV Preeminent ranking by Martindale, the highly respected and widely utilized directory of lawyers throughout the world. AV Preeminent status is awarded only to those lawyers who achieve the highest level of success within the legal field and is a testament to the fact that a lawyer's peers and Judges rank him at the highest level of professional excellence. He has also been recognized as a "Best Lawyer" by U.S. News for personal injury, an accolade awarded to only a small fraction of lawyers. Mr. Sharp has also been recognized by Super Lawyers as one of the top personal injury lawyers in Virginia. This recognition is awarded only to those lawyers who have achieved the highest level of success and have been recognized by their peers as demonstrating the highest level of professional excellence.
