Richmond Drunk Driving Accident Lawyer
Personal Injury
A drunk driver crashes into you. No warning. No time to react. And just like that, everything changes. Now you’re facing hospital bills, missed work, and pain you didn’t ask for. It’s overwhelming, and it’s not something you should have to face alone. Fortunately, Virginia law gives DUI victims the right to pursue justice through civil claims.
With the help of an experienced Richmond drunk driving accident lawyer, you can begin taking control of your recovery. We’re here to help you take the next steps.
At Merrick Brock, PLLC, we represent Virginia residents whose lives have been turned upside down by drunk drivers. As a trusted Richmond drunk driving accident law firm, Merrick Brock, PLLC is committed to holding impaired drivers accountable and helping your story be heard.
What Are Virginia’s Drunk Driving Laws?
Virginia’s primary drunk driving law makes it unlawful for any person to drive with a blood alcohol concentration (BAC) of 0.08% or more. This statute also covers mopeds on public highways.
For drivers under 21, anyone who operates a motor vehicle with a BAC of 0.02% or more is in violation of Virginia’s drunk driving laws.
Virginia has additional drunk driving rules for commercial vehicle operators, who can face penalties for driving a commercial vehicle with a BAC as low as 0.04%.
How Do You Prove a Drunk Driving Claim?
To hold a drunk driver civilly liable for your injuries, you must prove negligence. This involves establishing four key elements:
- Duty of care. Every driver has a legal duty to operate their vehicle responsibly and avoid endangering others.
- Breach of duty. Driving under the influence is a breach of that duty. Alcohol impairs judgment, slows reaction time, and affects coordination, increasing the risk of crashes that put everyone on the road in danger.
- Causation. You must show that the drunk driver’s actions directly caused your injuries.
- Damages. Lastly, you must demonstrate that you suffered harm due to the crash.
Evidence that can help prove these elements includes how the defendant pled to a DUI charge, BAC test results, field sobriety tests officer body cam taken during the traffic stop, witness testimony, and expert opinions. At Merrick Brock, PLLC, we know how to gather and present this evidence to help strengthen your claim.
What Damages Are Recoverable from a Drunk Driving Accident?
If you were injured in a drunk driving accident, you may be entitled to a wide range of compensation. These damages are meant to cover the financial costs and the personal toll the crash has taken on your life. Below are some of the most common types of damages available in a civil drunk driving case:
- Medical expenses,
- Lost income,
- Loss of future earning capacity,
- Pain and suffering,
- Emotional distress, and
- Loss of consortium or companionship.
Virginia law also allows for punitive damages in drunk driving injury cases. An injured victim may be awarded these damages if the evidence proves that the defendant (the drunk driver) acted with malice toward the plaintiff (the victim) or that the defendant’s actions were “so willful or wanton as to show a conscious disregard for the rights of others.”
The latter applies when:
- The driver had a BAC of 0.15% or higher;
- They knew or should have known they were impaired; and
- Their intoxication was a proximate cause of injury or death.
Punitive damages are designed to punish and deter dangerous conduct. If your case qualifies, we will fight for this category of damages to be fully considered.
FAQs
Below are some of the most frequently asked questions about drunk driving in Richmond.
What Evidence Is Used to Prove a DUI Accident Claim?
Proving a drunk driving accident claim requires evidence to show that the other driver was impaired and that their negligence caused your injuries. This evidence can include:
- Field sobriety tests performed at the scene,
- Breathalyzer or blood tests showing the driver’s BAC,
- Eyewitness statements,
- Surveillance video such as officer body worn cameras or dash cam footage, and
- Expert testimony.
The more thorough the evidence, the stronger your case. A Richmond drunk driving accident attorney can step in early to help secure this evidence before it’s lost.
How Long Do I Have to Bring a Drunk Driving Accident Claim in Virginia?
Drunk driving accident claims fall under the broader category of personal injury law in Virginia. That means victims have two years from the date of the crash to file a lawsuit seeking compensation. If you miss this deadline, known as the statute of limitations, you may lose your right to recover damages.
How Can a Car Accident Lawyer for DUI Victims Help Me?
An experienced DUI victim lawyer can handle every aspect of your case while you focus on recovery. We help by dedicating ourselves to the following:
- Communicating with the drunk driver’s insurance company,
- Preserving critical evidence,
- Identifying all possible sources of liability,
- Calculating the full value of your damages,
- Building a strong case, and
- Preparing your case for trial.
Having the right legal team behind you can make the difference between a rushed settlement and a result that truly reflects what you’ve lost.
Talk to a Richmond Drunk Driving Accident Attorney Today
A drunk driver made a reckless decision. You’re the one living with the consequences. At Merrick Brock, PLLC, our founding attorneys spent over 25 years defending insurance companies and large corporations. That experience taught us how the other side builds defenses and evaluates claims. Now, we use that knowledge to our advantage.
We know what’s at stake in a DUI injury case. We’re here to guide you through it with clarity, strategy, and relentless focus.
If you’ve been hit by a drunk driver, a lawyer who understands what you’re going through can make all the difference. Contact Merrick Brock today to speak with an experienced Richmond drunk driving accident lawyer. The case evaluation is free, and our commitment to you is real.
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