A Virginia drunk driving accident claim is a civil claim for compensation against a driver whose alcohol or drug impairment caused a crash. It runs separately from any criminal DUI charge, it is brought by the injured person or their family rather than the prosecutor, and it is decided by a lower standard of proof.
Blank Kim Injury Law represents people hurt by impaired drivers on I-66, the Capital Beltway, Route 1, Route 50 and roads throughout Northern Virginia. We follow the criminal case, use what it produces, and build the injury claim on its own evidence. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
The criminal DUI case and your injury claim are two different cases
Virginia makes it a crime to drive with a blood alcohol concentration of 0.08 or more, or while under the influence of alcohol or drugs, under Va. Code § 18.2-266. When a driver is charged, the Commonwealth prosecutes, and you are a witness. The criminal court decides guilt and punishment.
| Criminal DUI case | Your civil injury claim | |
|---|---|---|
| Who brings it | The Commonwealth’s Attorney | You, or your family’s personal representative |
| What it decides | Guilt and punishment | Compensation for your injuries and losses |
| Who controls it | The prosecutor | You and your attorney |
| Who pays | Fines go to the Commonwealth | The driver and their insurer pay you |
A conviction helps the civil claim, but the civil claim does not depend on one. A charge can be reduced or dismissed for reasons that have nothing to do with whether the driver was impaired and caused your injuries. You do not have to wait for the criminal case to end before an attorney starts preserving evidence.
Punitive damages against intoxicated drivers in Virginia
Most injury claims seek compensatory damages: money that makes up for medical bills, lost income and pain. Punitive damages are different. They punish conduct that is especially reckless and warn others against it.
Virginia law specifically allows punitive damages against certain intoxicated drivers, under Va. Code § 8.01-44.5. The statute sets conditions, and whether they are met depends on the evidence from the arrest, including test results and what the driver knew about their own condition. Punitive damages in Virginia are capped at $350,000 under Va. Code § 8.01-38.1.
Impaired driving can also matter to fault. Virginia follows contributory negligence, which generally bars recovery by a person found even slightly at fault, but contributory negligence is not a defense to willful and wanton conduct. Read our guide to contributory negligence in Virginia.
Evidence that proves impairment
The criminal file is often the richest source of proof, and we request it as soon as it becomes available. Useful evidence includes:
- Breath or blood test results and the officer’s arrest report
- Field sobriety test observations and body camera or dashcam video
- Receipts, tabs and surveillance video from bars, restaurants or stores where the driver was served or bought alcohol
- Witness accounts of the driver’s behavior before the crash
- Vehicle data showing speed and braking in the seconds before impact
- The driver’s record and any prior impaired driving history
Impairment is not only alcohol. Marijuana, prescription drugs that cause drowsiness and illegal drugs can all impair a driver, and blood testing and drug recognition evaluations are the usual proof.
Can a bar or restaurant be held responsible?
People often ask whether the bar that kept serving the driver shares the blame. Virginia law is restrictive about holding alcohol sellers liable to people injured by an intoxicated customer, and the rules are narrow. We look at where the driver was drinking, who served them and whether any exception fits the facts, but most Virginia drunk driving claims are paid by the driver’s own auto insurance.
Other parties can matter more often. An employer can be involved if the driver was working, a vehicle owner if someone else’s car was used, and your own uninsured and underinsured motorist coverage if the drunk driver carried little or no insurance. Read more about claims when the at-fault driver is uninsured.
Drunk driving crashes in Northern Virginia
Impaired driving crashes cluster late at night and on weekends, and many of the worst are head-on and wrong-way collisions on divided highways and exit ramps. Restaurant and nightlife districts in Arlington, Old Town Alexandria, Tysons and Reston feed traffic onto I-66, Route 7, Route 50 and the Beltway after closing time.
Seriously injured people from across the region are often taken to Inova Fairfax Medical Campus in Falls Church, Northern Virginia’s Level I trauma center. Crashes in Fairfax County are prosecuted, and civil claims are often filed, at the judicial center on Chain Bridge Road near our Fairfax office.
Injuries and compensation in drunk driving cases
Impaired drivers often do not brake before impact, so the injuries tend to be severe:
- Traumatic brain injuries and spinal cord injuries
- Multiple fractures and injuries requiring surgery
- Burn injuries from vehicle fires
- Lasting emotional trauma
A claim can seek medical costs, lost income, pain and suffering and property damage, plus punitive damages where the statute’s conditions are met. We never quote a value in advance: the injuries, the coverage available and the strength of the impairment evidence all affect it. When a crash is fatal, the family’s wrongful death claim is brought by the personal representative under Va. Code § 8.01-50.
How long you have to file
Virginia generally allows two years from the date of injury to file a personal injury lawsuit, under Va. Code § 8.01-243(A), and two years from the date of death for a wrongful death claim, under Va. Code § 8.01-244(B). The criminal case does not pause that clock. A DUI prosecution can take months, and waiting for it to finish before acting is a common and costly mistake.
How our Virginia drunk driving accident lawyers help
- Free case review by phone or online, with no obligation to hire us.
- Tracking the criminal case and obtaining the arrest records, test results and video.
- Independent investigation of where the driver was drinking and who else may be responsible.
- Insurance claims, including your own uninsured motorist carrier when the driver’s coverage falls short.
- Litigation, including a claim for punitive damages where the evidence supports one.
