What to Do After Being Hit by a Drunk Driver in Virginia

The moments after a crash with a drunk driver can be overwhelming. First, check yourself and passengers for injuries. If you can move safely, get to a secure location away from traffic. Even if injuries seem minor, seek medical attention immediately, as some symptoms may not be immediately noticeable.

Table of Contents

1. Call Law Enforcement Immediately
2. Gather Evidence at the Scene
3. Obtain Contact and Insurance Information
4. Seek Legal Guidance from a Virginia Attorney
5. Notify Your Insurance Company
6. Understand Your Legal Rights and Compensation Options
7. Conclusion

1. Call Law Enforcement Immediately

Virginia law requires that all car accidents involving injuries, fatalities, or significant property damage be reported to the police. Call 911 and wait for law enforcement to arrive. Inform the officers if you suspect the other driver is intoxicated so they can conduct proper field sobriety or breathalyzer tests. The police report will be crucial for your insurance claim and legal case.

2. Gather Evidence at the Scene

If you are physically able, document the accident scene by:

• Taking photos of vehicle damage, road conditions, and traffic signals.
• Recording the location, time, and weather conditions.
• Collecting witness statements and contact information.
• Noting the other driver’s behavior, slurred speech, or alcohol-related evidence (e.g., open liquor bottles).

3. Obtain Contact and Insurance Information

Exchange information with the drunk driver, including:

• Name, address, and phone number
• Insurance details
• Vehicle make, model, and license plate number

However, avoid engaging in lengthy discussions or confrontations, as impaired drivers may be unpredictable.

4. Seek Legal Guidance from a Virginia Attorney

A personal injury attorney experienced in DUI accident cases can help you navigate the legal process. Virginia has strict laws against drunk driving, and an attorney can assist in filing a claim for compensation, handling negotiations with insurance companies, and representing you in court if necessary.

5. Notify Your Insurance Company

Report the accident to your insurance provider as soon as possible. Provide factual details and avoid admitting fault. If the at-fault driver is uninsured or underinsured, your policy’s uninsured/underinsured motorist (UM/UIM) coverage may help cover your damages.

6. Understand Your Legal Rights and Compensation Options

In Virginia, victims of drunk driving accidents may be entitled to compensation for:

• Medical expenses (current and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage
• Punitive damages (awarded in cases of gross negligence)

Consulting a lawyer ensures that you pursue all available avenues for compensation.

7. Conclusion

Being hit by a drunk driver in Virginia is a traumatic experience, but knowing what steps to take can protect your health, legal rights, and financial stability. By seeking medical attention, reporting the accident, gathering evidence, and consulting an attorney, you increase your chances of receiving the compensation you deserve. If you or a loved one has been affected by a DUI accident, consider reaching out to a qualified Virginia personal injury lawyer to discuss your case.