Text Us 
Key Takeaways
A DUI charge does not automatically resolve your injury claim because compensation must generally be pursued through a separate civil process.
Virginia’s contributory negligence rule can bar recovery if you are found even partly at fault, giving insurers a strong incentive to shift blame.
You may still have options if the drunk driver fled the scene, including a potential uninsured motorist claim if the driver cannot be identified.
Huffman & Huffman brings more than 150 years of combined legal experience to drunk driving claims and can take on the evidence, insurance disputes, and legal work needed to build a strong case.
If you were injured by a drunk driver in Virginia Beach, you may be facing medical expenses, time away from work, and other losses that can continue long after the crash itself. Virginia law may allow you to pursue compensation for those losses, but building a strong claim can involve much more than showing that the other driver had been drinking.
Issues involving insurance coverage, the extent of your injuries, disputed fault, or even a driver who fled the scene can affect how the claim moves forward and what compensation may ultimately be available.
At Huffman & Huffman Brothers-in-Law, we represent people injured by drunk drivers throughout Virginia Beach and Hampton Roads. Our attorneys can investigate the crash, deal with the insurance companies, and pursue the compensation available to you while you focus on your recovery.
You can reach out to us by calling 757-760-3502.
Why You Need a Virginia Beach Drunk Driving Accident Lawyer
When a driver is arrested or charged with DUI after a crash, it can seem as though the legal process has already established everything needed for an injury claim. In reality, the criminal case and the claim for compensation are separate. The criminal case focuses on whether the driver violated the law and what penalties may apply, while compensation for your injuries must generally be pursued through a civil claim.
That means you still need to establish how the crash caused your injuries, document the extent of your losses, and support the amount of compensation you are seeking. Doing that can involve medical and financial records, evidence from the crash and DUI investigation, insurance coverage issues, and disputes over the value of the claim.
A Virginia Beach drunk driving accident lawyer can take on that work, deal with the insurance company, and build the evidence needed to pursue your claim while you focus on your recovery.
Why Choose Huffman & Huffman for Your Virginia Beach Drunk Driving Accident Case?
Huffman & Huffman has represented injured clients in Virginia Beach for over 50 years, and our personal injury attorneys have over 150 years of combined experience. That experience has translated into real results: tens of thousands of families served, and millions recovered on their behalf. We built our practice around a straightforward idea: treat clients like family and handle the parts of the process they shouldn’t have to face alone.
When you bring us a drunk driving case, our approach generally includes:
- Investigating the crash independently: We don’t rely solely on the police report. We look at BAC results, field sobriety records, witness statements, and any available surveillance or dashcam footage.
- Tracking the criminal case without waiting on it: We monitor the DUI proceedings for evidence that helps your claim while moving your civil case forward on its own timeline.
- Handling every insurance communication: Adjusters often try to get statements early, before you understand the extent of your injuries. We take that pressure off your plate.
- Calculating the full value of your losses: This includes current and future medical costs, lost income, and the harder-to-quantify impact on your daily life.
- Negotiating and, when necessary, litigating: Some insurers pay fairly once liability is clear. Others don’t, and we prepare every case as if it may need to go before a judge or jury.
A drunk driving crash upends more than your finances, and our job is to make sure the value of your claim reflects everything you’ve actually lost, not just what an insurer is willing to offer first.
What Damages Are Available in a DUI Accident Claim in Virginia?
Getting hit by an impaired driver can leave you with injuries that reshape daily life for months or years. A well-prepared DUI accident claim in Virginia should account for the full scope of that impact rather than settling for a quick number based only on medical bills.
Depending on the facts of your case, compensation may include:
- Medical expenses, including future treatment, surgery, or rehabilitation
- Lost wages and reduced future earning capacity
- Pain and suffering
- Property damage to your vehicle
- Emotional distress
- Loss of enjoyment of life or, in catastrophic cases like a spinal cord injury, loss of independence
Every case looks different depending on the severity of the injury and how long recovery is expected to take, which is why a careful review of your medical history and financial losses matters before settling on a number.
Understanding Punitive Damages After Drunk Driving in Virginia
In addition to compensation for your actual losses, Virginia law allows punitive damages in certain drunk driving accident cases. Unlike compensatory damages, which address losses such as medical bills, lost income, and pain and suffering, punitive damages are intended to punish especially reckless conduct and discourage similar behavior.
Punitive damages are not automatic simply because a driver was intoxicated or charged with DUI. Whether they may be available depends on the circumstances of the crash and the evidence surrounding the driver’s conduct and impairment. Our attorneys can review that evidence and determine whether pursuing punitive damages may be appropriate in your case.
What is Contributory Negligence and Why Does it Matter?
Virginia is one of the few states that still follows contributory negligence, a rule that bars you from recovering anything if you’re found even slightly at fault for the crash. More precisely, being just 1% responsible can wipe out your entire claim.
Because most DUI accident claims are filed against the drunk driver’s liability insurance, this rule means that insurers have a financial reason to search for any way to shift blame onto you, even when their insured was clearly impaired. Adjusters have been known to question your speed, lane position, or reaction time to try to trigger this bar. That’s why it’s so important to have a lawyer who can gather evidence, such as toxicology reports, dashcam footage, and accident reconstruction, that clearly establishes the drunk driver was 100% at fault before the insurer builds a different story.
What If the Drunk Driver Fled the Scene?
A drunk driving crash can become even more complicated when the at-fault driver leaves the scene before they can be identified. A police investigation may still uncover enough evidence, such as surveillance footage, witness statements, vehicle debris, or other identifying information, to locate the driver. If that happens, you may be able to pursue a claim against the driver and their insurance.
If the driver is never identified, you may still have options. Uninsured motorist coverage may apply when an at-fault driver cannot be found, depending on the policy and the circumstances of the crash. That coverage can potentially help pay for medical expenses, lost income, and other losses caused by the accident.
A hit-and-run does not necessarily mean you are left without a path to compensation. Our attorneys can review the available evidence and applicable insurance coverage to determine what options may be available.
FAQs About Virginia Beach Drunk Driving Accident Claims
What Is the Statute of Limitations for Filing a Drunk Driving Accident Lawsuit?
In most Virginia personal injury cases, you have two years from the date of the accident to file a lawsuit. Certain exceptions can affect that deadline, so it is important to confirm how much time applies to your specific case rather than waiting until the two-year mark approaches.
Do I Have to Wait for the DUI Case to End Before Filing an Injury Claim?
No. The criminal DUI case and your civil injury claim are separate, so you generally do not have to wait for the criminal case to end before pursuing compensation. Evidence from the DUI investigation or criminal case may still be useful to your claim, but your attorney can begin investigating the crash, documenting your losses, and dealing with the insurance company while the criminal case is still pending.
Can a Bar or Restaurant Be Held Liable for the Accident?
Generally, no. In Virginia, a bar or restaurant cannot be held liable because it served alcohol to someone who later caused an accident. However, that does not mean the drunk driver is always the only potentially responsible party. Depending on the circumstances, liability may also extend to an employer if the driver was acting within the scope of their job, a vehicle owner who negligently entrusted the vehicle to an unsafe driver, or another person or business whose own negligence contributed to the crash.
Do You Have a Virginia Beach Drunk Driving Accident Lawyer Near Me?
Huffman & Huffman is located at 4780 Euclid Road, Virginia Beach, VA 23462. We welcome you to call or visit to discuss your case in person. Our Virginia Beach personal injury team is familiar with the roads, courts, and insurance companies you’re likely to be dealing with after a drunk driving crash in this area, and our attorneys are ready to talk through what happened to you.
Schedule a Free Consultation With a Virginia Beach Drunk Driving Accident Lawyer
If you or someone you love was hurt by a drunk driver in Virginia Beach, you don’t have to sort through the insurance company, the criminal case, and your own recovery all at once. Here’s what working with our firm looks like:
- We handle the legal and insurance side of your claim so you can focus on healing
- Your consultation is free, with no obligation to hire us
- You pay nothing unless we recover compensation for you
- Our Virginia Beach office is ready to meet with you in person or discuss your case by phone
Reach out to Huffman & Huffman today to talk about what happened and find out what your options actually look like.
