Arlington Drunk Driving Accident Lawyers

Were you injured by a drunk driver?  A drunk driving crash can leave you in pain, unable to work, and unsure how you will keep up with medical bills and everyday expenses. An Arlington drunk driving attorney at Merrick Brock, PLLC can take over the legal work while you focus on your health. We can investigate the collision and deal directly with the insurance companies.

Our attorneys, John Merrick and Les Brock, worked together for more than 25 years defending insurance companies and large corporations. Now they use this firsthand knowledge of how claims are evaluated, challenged, and undervalued by the other side to prepare personal injury cases for injured Virginians.

And if an insurer refuses reasonable compensation, we have the courtroom experience and willingness to take the case further. Contact our office for a free case review.

What Are the Dangers of Drunk Driving?

Alcohol can impair judgment, coordination, vision, and reaction time. Those effects are especially dangerous on Arlington roads, where drivers must respond quickly to pedestrians, cyclists, buses, traffic signals, and merging vehicles.

An impaired driver may miss a light on Columbia Pike, drift across lanes on I-395, or fail to notice a pedestrian near the Rosslyn Metro station. A driver does not need to appear severely intoxicated to create a risk. Even moderate impairment can delay the decisions needed to avoid a crash.

What Drunk Driving Injuries Do We See?

Drunk drivers may fail to brake or take evasive action before impact, causing severe injuries such as:

• Traumatic brain injuries,
• Back pain,
• Spinal cord injuries,
• Broken bones,
• Internal injuries,
• Neck and shoulder injuries,
• Scarring and disfigurement, and
• Emotional injuries.  

This list is not exhaustive. A claim may include any injury the medical evidence links to the collision, even when symptoms do not appear until hours or days later. Merrick Brock, PLLC, can gather your medical records, document how your condition has progressed, and work with your providers to show how the crash caused your injuries and what treatment you may need in the future.

How Do I Prove a Drunk Driving Accident Case?

To prove your drunk driving case, your Arlington drunk driving attorney must show that the driver acted negligently and that this conduct caused your injuries.  

Duty

Every driver has a duty to operate their vehicle reasonably and carefully. This includes watching the road, maintaining control, yielding when required, obeying traffic signals, and following traffic laws.

That duty protects motorists, passengers, pedestrians, cyclists, and motorcyclists.

Breach of Duty

A driver breaches this duty by driving while impaired or otherwise operating the vehicle carelessly.

Virginia prohibits driving with a blood alcohol concentration of 0.08% or higher. The law also prohibits driving when alcohol or drugs impair a person’s ability to operate a vehicle safely.  If a driver has an elevated blood alcohol concentration of 0.15% or higher, or if they refuse a blood alcohol test, then in addition to recovering damages to compensate you for your injuries, you may also be entitled to punitive damages of up to $350,000 to punish the drunk driver.

Impairment may cause a driver to:

• Run a red light or stop sign,
• Cross the center line,
• Follow another vehicle too closely,
• Make an unsafe turn or lane change,
• Fail to yield,
• Drive the wrong way,
• Speed or drive unpredictably slowly, or
• Fall asleep or lose control.

Depending on the facts, any of these actions may help show that the driver failed to use reasonable care and contributed to the crash.

Causation

You must connect the driver’s conduct to the crash and your injuries. 

Important evidence that can show how the collision occurred includes the following:

• Vehicle damage,
• Traffic-camera footage,
• Witness statements,
• Surveillance video,
• 911 recordings,
• Skid marks,
• Bar or restaurant receipts, and
• Event data recorder information.

Medical records, diagnostic testing, and specialist findings can explain your injuries and their impact on your life.

Damages

Recoverable damages may include:

• Medical expenses and future treatment,
• Lost income,
• Reduced future earning ability,
• Vehicle damage,
• Pain and physical limitations,
• Emotional distress,
• Scarring or permanent impairment, and
• Loss of enjoyment of life.

A claim should account for the full effect of the injury, not just the bills available shortly after the collision. Before settlement, your legal team should understand whether you need additional treatment, workplace accommodations, or help with activities you previously handled independently.

How Long Do I Have to Bring a Drunk Driving Accident Claim in Virginia?

Virginia generally gives you two years from the collision date to file a personal injury lawsuit. An arrest, criminal prosecution, or ongoing insurance negotiation does not stop that deadline. If you miss it, the court can dismiss your case and prevent you from recovering compensation, even when the evidence shows that the other driver was impaired.

If the crash happened close to or more than two years ago, do not assume you have no options. Rare exceptions can affect the deadline, and an Arlington drunk driving lawyer can review the dates and facts to determine whether you may still be able to file a claim.

What Is the Difference Between a DUI Criminal Charge and a Drunk Driving Personal Injury Claim?

A DUI charge is brought by the Commonwealth to determine whether the driver committed a crime and what penalties should apply. A personal injury claim is separate and focuses on compensating you (the injured) for medical expenses, lost income, pain, and other losses caused by the crash.

The outcome of the criminal case does not automatically decide the civil claim. A conviction or guilty plea may support your case, but you still must prove that the driver’s conduct caused the collision and your injuries. And a reduced charge, dismissal, or acquittal also does not necessarily prevent you from pursuing compensation.

Evidence from the DUI investigation may also support the personal injury claim, but the two cases remain separate. Merrick Brock, PLLC, can separately investigate the collision, connect the driver’s conduct to the crash, and document the losses resulting from your injuries.

Take the Next Step with an Arlington Drunk Driving Lawyer

Merrick Brock, PLLC, has earned a reputation for trying cases and standing firm when an insurer refuses reasonable compensation. We give clients honest advice about the strengths of the claim and the challenges that may arise. That allows you to make informed decisions as the case moves forward.

An Arlington drunk driver accident lawyer from Merrick Brock, PLLC, can preserve key evidence and evaluate the available insurance coverage. We handle personal injury cases on a contingency-fee basis, so you do not pay attorney fees unless we recover compensation for you.

Contact Merrick Brock, PLLC, for a free case evaluation with our Arlington personal injury team and learn about your legal options.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:​​

• Code of Virginia. § 8.01-243.
• Code of Virginia. § 18.2-266.