Being struck by a drunk driver is a traumatic experience. The physical injuries, emotional trauma, and financial burden that follow can feel overwhelming. A drunk driving victim accident lawyer in Fairfax can help you get the compensation you deserve for recovery.
At CHASENBOSCOLO, we represent accident victims—not drunk drivers. For nearly 40 years, our firm has fought for people injured by the negligence of others. Our team has recovered over $750 million for injured clients since 1986. We’re recognized by Best Lawyers in America for our work in personal injury law.
We work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Call (301) 220-0050 or fill out our contact form for a free case evaluation without obligation.
The Impact of Drunk Driving Accidents on Victims
Drunk driving accidents cause devastating consequences. These effects extend far beyond the moment of impact. Understanding the full scope of how these accidents affect victims is the first step. It helps you recognize your right to compensation.
Physical Injuries and Medical Consequences
Drunk driving accidents often result in severe injuries. Impaired drivers have slower reaction times. They have reduced ability to avoid collisions. Victims frequently suffer traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, and permanent disfigurement. The medical treatment required can span months or years. This includes emergency care, surgery, hospitalization, rehabilitation, and ongoing therapy.
Many victims face long-term or permanent disabilities. These disabilities affect their ability to work and enjoy life. Some require lifetime medical care. Others need assistive devices or home modifications. The medical expenses associated with these injuries can quickly exceed hundreds of thousands of dollars.
Emotional and Financial Burden
Beyond physical injuries, drunk driving accident victims experience significant emotional trauma. Many develop post-traumatic stress disorder (PTSD), anxiety, depression, and sleep disorders. The psychological impact can be as debilitating as the physical injuries.
Financially, victims often face lost wages during recovery. They may have reduced earning capacity if they cannot return to their previous work. Medical bills mount quickly. Families may need to hire caregivers. They may need to make home modifications. These financial pressures compound the emotional stress of recovery.
Your Right to Compensation
The law recognizes that victims of drunk driving accidents deserve compensation. Unlike criminal cases where the drunk driver faces penalties like jail time and license suspension, civil cases allow you to recover money damages. You can recover damages for your injuries and losses. This compensation comes from the at-fault driver’s insurance or personal assets. It does not come from the criminal justice system.
How Drunk Driving Accidents Happen and Who Is Liable
Understanding Impaired Driving
Alcohol impairs judgment, reaction time, motor control, and vision. These are all critical functions for safe driving. A driver with a blood alcohol content (BAC) of .08% or higher is legally considered impaired in Virginia. However, impairment can occur at lower BAC levels. Some drivers are impaired even before reaching the legal limit.
Impaired drivers make dangerous decisions. They speed, run red lights, and drive in the wrong lane. They fail to brake in time to avoid collisions. These actions directly cause accidents that injure innocent people.
Establishing the Drunk Driver’s Liability
In Virginia, establishing that a drunk driver caused your accident is often straightforward. The drunk driver’s impairment created a breach of their duty to operate their vehicle safely. If that impairment caused your accident and your injuries, you have a valid claim for compensation.
Evidence that establishes liability includes:
- Police reports documenting the accident
- Breathalyzer or blood test results showing impairment
- The drunk driver’s criminal DUI conviction (which can be used as evidence in your civil case)
- Witness statements
- Accident reconstruction evidence
- Medical records documenting your injuries
Understanding Virginia’s Pure Contributory Negligence Rule
Virginia follows a pure contributory negligence doctrine. This is important for accident victims to understand. Under this rule, if you are found to be even partially at fault for the accident—even 1%—you may be completely barred from recovering any compensation. This applies regardless of the drunk driver’s degree of fault. This is a strict standard. It differs from comparative negligence rules in other states.
Because of this rule, discuss your potential liability with an experienced attorney before pursuing a claim. We can evaluate whether any actions on your part contributed to the accident. We advise you on the strength of your case. Our Fairfax personal injury lawyers understand Virginia’s strict liability standards.
Types of Compensation Available to Victims
When you pursue a claim against a drunk driver, you can recover several categories of damages:
Medical Expenses and Future Care
You can recover all reasonable and necessary medical expenses related to your accident injuries, including:
- Emergency room treatment
- Surgery and hospitalization
- Rehabilitation and physical therapy
- Ongoing medical treatment
- Prescription medications
- Medical devices and assistive equipment
- Future medical care and treatment
If your injuries require lifetime care, we calculate the present value of those future expenses. We include them in your claim. Proper documentation with your doctor is essential for maximizing your recovery.
Lost Income and Earning Capacity
If your injuries prevent you from working, you can recover lost wages. You recover compensation for the time you’re unable to work. If your injuries permanently reduce your ability to earn income, you can recover compensation for your reduced earning capacity. This applies over your lifetime. Learn how to claim lost wages in your car accident case.
Pain, Suffering, and Emotional Distress
You can recover compensation for the physical pain you experience. You can recover compensation for the emotional suffering caused by your injuries. You can recover compensation for the impact on your quality of life. This includes compensation for:
- Physical pain and discomfort
- Emotional distress and anxiety
- Loss of enjoyment of life
- Scarring and disfigurement
- Sleep disturbances
- PTSD and psychological trauma
Learn more about how to document pain and suffering to strengthen your claim.
Punitive Damages Against Drunk Drivers
In cases involving willful and wanton conduct—such as drunk driving with a blood alcohol content of 0.15% or higher—Virginia law allows victims to recover punitive damages up to $350,000. These damages are designed to punish the wrongdoer. They deter similar conduct in the future. Punitive damages can significantly increase the total compensation you receive.
How CHASENBOSCOLO Fights for Drunk Driving Accident Victims
Our approach to representing drunk driving accident victims combines thorough investigation, aggressive negotiation, and trial experience.
Thorough Investigation and Evidence Collection
We don’t rely solely on police reports. Our team conducts independent investigations that include:
- Interviewing witnesses
- Obtaining surveillance footage from nearby businesses
- Reconstructing the accident scene
- Consulting with accident reconstruction experts
- Reviewing medical records and obtaining expert medical opinions
- Investigating the drunk driver’s background and history
- Identifying all potential sources of compensation
Our case results demonstrate our commitment to thorough investigation and aggressive representation.
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts to accident victims. We negotiate aggressively on your behalf. We present evidence of liability and the full extent of your damages. Our track record of successful trials gives us leverage in settlement negotiations. Insurance companies know we’re prepared to take cases to trial if necessary. Understanding how to negotiate with insurance adjusters is critical to your case.
Preparing Your Case for Trial if Necessary
If a fair settlement cannot be reached, we prepare your case for trial. Our attorneys have tried over 1,000 jury trials in the past five years. We have recovered millions in verdicts and settlements. We have the trial experience and resources necessary to present your case effectively to a jury. Proper evidence collection from the scene is critical to trial success.
What to Do If You Were Hit by a Drunk Driver
Immediate Steps After the Accident
If you’re able to do so safely:
- Call 911 and report the accident
- Remain at the scene
- Obtain the drunk driver’s name, contact information, and insurance details
- Get contact information from witnesses
- Take photographs of vehicle damage, accident scene, and your injuries
- Request a copy of the police report
Learn more about why you should always call the police after an accident. Understanding how to read your accident report helps you identify key evidence.
Gathering Evidence and Documentation
Preserve all evidence related to your accident:
- Medical records and bills
- Photographs of injuries
- Pay stubs and employment records documenting lost wages
- Receipts for expenses related to your recovery
- Journal entries documenting your pain and recovery process
- Communications with insurance companies
Use our personal injury case checklist to ensure you don’t miss critical documentation.
When to Contact a Lawyer
Contact a lawyer as soon as possible after your accident. Virginia’s statute of limitations gives you two years to file a personal injury lawsuit. However, evidence can be lost. Witnesses’ memories fade. Early legal representation protects your rights. It ensures evidence is preserved. Learn what happens if your accident occurred a year ago.
Frequently Asked Questions from Drunk Driving Accident Victims
How long do I have to file a claim?
Virginia law gives you two years from the date of your accident to file a personal injury lawsuit. However, you should contact a lawyer much sooner. Insurance companies often pressure victims to settle quickly. Early legal representation protects your interests. Understanding the timeline for claiming injury after a car accident is essential.
What if the drunk driver has no insurance?
If the drunk driver is uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist coverage. This coverage is designed to protect you when the at-fault driver lacks sufficient insurance. We help you navigate these claims. Learn more about uninsured and underinsured driver claims.
Can I sue the bar or restaurant that served the drunk driver?
Virginia does not recognize dram shop liability for serving intoxicated adults. Unlike some other states, Virginia law does not hold bars, restaurants, or other establishments liable for serving alcohol to adults who subsequently cause accidents. The only exception is for serving alcohol to minors (under 21), which is not applicable to adult drunk drivers. Your claim for compensation will be against the drunk driver and their insurance.
How much compensation can I receive?
The amount of compensation depends on the severity of your injuries. It depends on the extent of your medical treatment. It depends on your lost wages. It depends on the impact on your quality of life. Cases involving catastrophic injuries, permanent disability, or significant lost earning capacity can result in settlements or verdicts in the millions of dollars. We evaluate your case individually to determine the appropriate compensation range. Learn how we determine what your case is worth.
Contact CHASENBOSCOLO Today
If you’ve been injured in a drunk driving accident in Fairfax, Virginia, contact CHASENBOSCOLO for a free consultation. We represent accident victims on a contingency fee basis. You pay nothing unless we recover compensation for you.
Call us at (301) 220-0050 or visit our no fee guarantee page to learn more about our commitment to you. Our team is here to help you recover the compensation you deserve and move forward with your recovery.
