In addition to distracted driving, speeding, and drowsy driving, drunk driving is one of the most common causes of serious car accidents that can result in severe injuries and fatalities. The only thing that can make an accident like this more tragic is the fact that it is entirely preventable. Even a relatively small amount of alcohol can cause impairments like reduced coordination and the ability to make quick decisions while driving.

If you or a loved one is injured in a drunk driving accident, you may be entitled to financial compensation by filing a personal injury lawsuit against the drunk driver. An experienced Virginia Beach drunk driving accident lawyer will assist you with this process, ensure that your legal rights are protected, and pursue the maximum financial compensation you deserve.

How Common Are Drunk Driving Accidents?

Fortunately, the number of drunk driving fatalities in Virginia has decreased over the past 30 years. However, that does not mean that drunk driving is not still a serious problem. In 2022 alone, over 14,000 motorists were convicted of drunk driving in Virginia, and alcohol-related crashes were responsible for 27 percent of the state’s traffic fatalities.

Recent data indicates that there are 19 drunk driving accidents on an average day in Virginia, resulting in 11 injuries and at least one fatality. A driver is considered to be driving under the influence (DUI) if they have a blood alcohol content (BAC) of .08 percent or higher. Drivers under the legal age of 21 can be convicted of illegal consumption of alcohol if they have a BAC of .02 to less than .08.

What Steps Should I Take After a Drunk Driving Accident?

If you were involved in a car accident, and you believe that the other motorist was under the influence of alcohol, it is essential that you take the following steps:

• Call 911 immediately to report the accident and request an ambulance if there are injuries involved. Notify dispatch that you suspect that the other driver is intoxicated.
• Stay at the accident scene until police and emergency medical personnel arrive.
• Do not interact with the other driver or say anything that could be interpreted as admitting fault. This can be used against you in your claim, even if the other driver was intoxicated and at fault for causing the accident.
• If you can do so, take pictures of the accident scene, including the damage to your vehicle, your injuries, skid marks or debris on the road, and any other images that can help prove your claim.
• When the ambulance arrives, seek immediate medical attention for your injuries, even if they do not seem very serious. If you are not examined by a healthcare provider, an undiagnosed injury could become more serious and difficult to treat. In addition, the insurance company could deny your claim, arguing that your injuries must not be very serious if you did not find it necessary to seek medical attention.
• Go to all medical appointments and comply with all of your physician’s advice. This will ensure that you recover from your injuries as quickly as possible. It will also strengthen your personal injury claim.
• Avoid posting details of the accident on social media. You should avoid social media altogether until the lawsuit has been resolved.

What if the Drunk Driver Does Not Have Insurance?

In Virginia, if you are injured in a car accident and the other driver was at fault, their insurance company is responsible for the damages associated with your injuries. Unfortunately, some drivers are uninsured or underinsured, which means they may not have sufficient insurance to cover their medical expenses, lost wages, and other losses resulting from the accident.

If you find yourself in this situation, an experienced drunk driving accident lawyer can help you pursue the following sources of compensation:

• Uninsured/underinsured (UM/UIM) motorist insurance
• Medical payments insurance for your medical treatment costs
• Collision coverage insurance for your property damage
• Health insurance

What Damages am I Entitled to if I am Injured in a Drunk Driving Accident in Virginia Beach?

Depending on the nature of the accident and the severity of your injuries, a successful personal injury lawsuit may include the following compensation:

• All medical expenses associated with your injuries
• Future medical costs
• Lost wages
• Loss of future earning capacity
• Property damage
• Pain and suffering
• Disfigurement
• Loss of enjoyment of life
• Wrongful death benefits if the accident caused a fatality
• Punitive damages

What Common Mistakes Should I Avoid When Filing a Drunk Driving Accident Claim?

Unfortunately, the expenses associated with a drunk driving accident can accumulate very quickly, particularly if you suffer serious injuries. To have a successful claims outcome and recover the damages you are entitled to, it is essential to be aware of some common pitfalls so that you can take proactive steps to avoid them. The following are some of the most common mistakes people make during the claims process:

• Missing important deadlines. In Virginia, you must file a personal injury claim within two years from the accident date. If you miss this deadline, your claims will likely be denied, and you will be unable to refile your claim.
• Inadequate documentation. You must provide the required documents to reach a successful settlement. This includes police reports, medical records, witness statements, and evidence of financial losses caused by the accident.
• Making statements about the accident. Whether you say something that could be interpreted as an apology to the other driver or post a picture of yourself engaging in some form of physical activity, these can compromise your claim, particularly when misinterpreted or taken out of context.
• Accepting an initial settlement offer. An insurance company may offer an initial settlement that may seem like a large sum of money. However, insurance companies are making money, and an initial offer is meant to close the case as inexpensively as possible. These offers rarely cover the total costs of your losses. In addition, if you accept the initial offer, you waive any future claims, even if your condition worsens or you accumulate additional costs.
• Failure to seek legal representation. It is in your best interest to have a dedicated drunk driving accident lawyer on your side who will protect your legal rights, negotiate with insurance companies, ensure that the negligent party is held liable for their actions, represent you in court if necessary, and work tirelessly to pursue the financial compensation you deserve.

The Virginia Beach Drunk Driving Accident Lawyers at Anchor Legal Group, PLLC Represent Victims of Drunk Driving Accidents

If you were injured in a car accident involving a drunk driver, it is highly recommended that you contact the Virginia Beach drunk driving accident lawyers at Anchor Legal Group, PLLC. We understand how devastating an accident like this can be and the impact it can have on your life. To schedule a free consultation, call 757-LAW-0000 or contact us online. Located in Virginia Beach, we serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.