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Key Takeaways
A DUI charge does not automatically compensate an injured victim because the criminal case and the civil injury claim are separate legal matters.
Virginia law allows injured victims to pursue compensation for losses such as medical expenses, lost income, pain and suffering, and, in some cases, punitive damages.
Virginia’s contributory negligence rule can bar recovery if the injured person is found partly at fault, giving insurers a strong incentive to shift blame after a crash.
Huffman & Huffman can investigate the crash, deal with insurers, identify available sources of compensation, and build a claim while you focus on recovery.
If you were hit by a drunk driver in Newport News, you’re likely dealing with more than physical pain. You may be facing mounting medical bills, a totaled car, missed paychecks, and the frustrating knowledge that none of this had to happen. The other driver chose to get behind the wheel while impaired, and that choice put you and everyone else on the road at risk.
It’s natural to assume that once a drunk driver is arrested or charged, your case is essentially settled. In reality, Virginia law treats the criminal DUI case and your personal injury claim as two separate matters, and an arrest or conviction doesn’t automatically resolve everything you’ll need to prove to recover compensation.
Huffman & Huffman Brothers-in-Law represents injured people throughout Newport News and Hampton Roads. We handle the insurance negotiations, evidence gathering, and legal steps involved in a drunk driving injury claim so our clients can put their energy into healing instead of fighting with adjusters. If a drunk driver struck you or a loved one, contact us today to schedule a free consultation with one of our Newport News drunk driving accident lawyers.
You can reach out to us by calling 757-760-3502.
Do You Need a Lawyer After a Drunk Driving Accident in Newport News, VA?
If the driver who hit you is charged with DUI, it may seem like the legal system has already done most of the work. But the DUI charge and your car accident injury claim are separate legal matters. The criminal case is brought by the Commonwealth of Virginia to determine whether the driver broke the law and what criminal penalties should apply, not whether the victim should be compensated.
To pursue compensation for your medical bills, lost income, pain and suffering, and other harm, you generally need to bring a separate civil claim against the at-fault driver. In doing so, you will need to clearly connect the crash to your injuries, document the extent of your losses, and support the value of your claim with evidence. That can mean working through medical records, insurance coverage, evidence from the crash and DUI investigation, and disputes over what the insurer should pay. Managing all of that can be difficult under any circumstances, but especially while you are still recovering from a serious accident. A Newport News personal injury attorney can take on that work and protect your interests throughout the claim.
How Huffman & Huffman Helps Drunk Driving Accident Victims Build Strong Claims
Since 1973, Huffman & Huffman has represented injured people throughout Newport News and Hampton Roads. Our firm remains family-owned, and our personal injury attorneys bring more than 150 years of combined legal experience. Over the decades, we’ve helped tens of thousands of families and recovered millions of dollars in settlements and verdicts, and we work on a contingency fee basis, meaning no fee until we win.
When you work with our Newport News drunk driving accident attorneys, we can:
- Investigate the crash and preserve evidence. We gather police reports, witness accounts, photographs, video footage, and 911 records, along with evidence from the DUI investigation itself, such as BAC results and the arresting officer’s observations.
- Build the medical and financial side of your claim. We document your injuries, treatment history, and future care needs, and calculate lost income and other financial losses tied to the collision.
- Identify every available source of recovery. This includes the drunk driver’s liability insurance, any uninsured or underinsured motorist coverage you may have, and any other party whose negligence may have contributed to the crash.
- Handle the insurance company on your behalf. Insurers often try to minimize injuries, dispute causation, or argue you shared fault. We push back on those tactics and prepare each case for litigation when a fair settlement isn’t on the table.
Working with our firm means you have a team that can take control of a claim that would otherwise fall on your shoulders while you’re trying to recover. We communicate clearly about where your case stands, and we handle the insurers, paperwork, and deadlines so you don’t have to manage a legal process on top of everything else.
What Types of Compensation Can You Recover After a Drunk Driving Accident in Newport News?
A drunk driving crash can affect nearly every part of your life, and Virginia law generally allows injured victims to pursue compensation for the full scope of those effects. The specific damages available depend on the facts of your case, but they often include:
- Medical expenses, including past treatment and projected future care
- Lost wages and reduced future earning capacity
- Property damage to your vehicle and other personal property
- Pain and suffering caused by the collision
- Emotional distress and the psychological effects of the crash
- Permanent disability or disfigurement
If a loved one was killed by a drunk driver, Virginia’s wrongful death statute allows certain family members to pursue a separate claim for damages related to the loss, including funeral expenses, loss of income, and loss of companionship.
Can You Recover Punitive Damages After a Drunk Driving Accident?
Yes. Virginia law allows punitive damages in certain drunk driving accident cases, although they are not available in every case. 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 deter similar behavior.
Whether punitive damages may be available depends on the specific facts of the crash and the evidence surrounding the driver’s intoxication and conduct. A DUI charge alone does not guarantee them. Our attorneys can review the circumstances of your accident and determine whether punitive damages may be appropriate to pursue as part of your claim.
How Virginia’s Contributory Negligence Rule Can Affect Your Case
Virginia follows a legal rule called contributory negligence, one of the strictest fault rules in the country. Under this rule, if you’re found to bear even a small amount of fault for causing the crash, you may be barred from recovering any compensation at all.
Because compensation in these cases is typically pursued through the at-fault driver’s liability insurance, contributory negligence gives insurers a strong incentive to shift some of the blame onto the victim. An insurance company may argue that you were speeding, failed to yield, or otherwise contributed to the collision, even when their own insured driver was legally impaired. If that argument succeeds, the insurer may be able to avoid paying the claim altogether. That’s part of why having an attorney who can build a clear, evidence-backed account of what actually happened is so important.
Can Someone Other Than the Drunk Driver Be Held Liable?
Yes. Although the drunk driver is usually the primary person responsible for the crash, other parties may also be liable depending on the circumstances.
In Virginia, a bar or restaurant generally cannot be held responsible simply because it served alcohol to someone who later caused a drunk driving accident. However, other parties may be responsible for their own conduct, including:
- An employer, if the driver was acting within the scope of their job at the time of the crash
- A vehicle owner who knowingly allowed an unsafe driver to use their vehicle
- Another driver, business, or other party whose negligence also contributed to the collision
Identifying every responsible party can be especially important when the drunk driver does not have enough insurance to cover the full extent of your injuries and losses. An additional liable party may also mean an additional source of insurance coverage and compensation.
FAQs About Newport News Drunk Driving Accident Claims
How Long Do You Have to File a Drunk Driving Accident Lawsuit in Virginia?
In most cases, Virginia gives you two years from the date of the accident to file a personal injury lawsuit. Certain circumstances can affect that deadline, so it is important not to assume you have the full two years in every situation.
Can I Recover Compensation if the Drunk Driver Was Not Convicted of DUI?
Potentially, yes. Your civil injury claim is separate from the criminal DUI case, so a DUI conviction is not required in order to pursue compensation. What matters in the civil claim is whether the evidence shows that the other driver was responsible for the crash and caused your injuries and losses.
What Happens if the Drunk Driver Was Uninsured?
You may still have options. Depending on the coverage available under your own auto insurance policy, uninsured motorist coverage may provide compensation when the at-fault driver does not have liability insurance. Our attorneys can review the available policies and determine what coverage may apply to your claim.
Do You Have a Newport News Drunk Driving Accident Lawyer Near Me?
Yes. Huffman & Huffman has a Newport News office at 12284 Warwick Boulevard, #2A. Our attorneys represent injured clients throughout Newport News and the surrounding Hampton Roads communities and offer free consultations to discuss your case.
Schedule a Free Consultation With a Drunk Driving Accident Lawyer in Newport News Today
If you were injured by a drunk driver, you shouldn’t have to figure out the legal process on your own. Huffman & Huffman can investigate your crash, identify the coverage available to you, document the full impact of your injuries, and pursue your civil claim while you focus on your recovery. Call our Newport News office today to schedule a free consultation, and pay nothing unless we win your case.
