Tronfeld West & Durrett

Determining fault in pedestrian accidents isn’t always straightforward. While drivers are often assumed to be responsible, there are cases where pedestrians can be held liable for causing or contributing to an accident. A pedestrian accident lawyer in Virginia will help you understand how state law determines fault in these cases, which is crucial when pursuing a claim.

At Tronfeld West & Durrett, our experienced team can assess the details of your accident, determine legal responsibility, and help build a strong compensation case. In this article, we’ll explore common scenarios where pedestrians may be at fault and the legal options available for accident victims.

How Virginia Law Determines Fault in Pedestrian Accidents

One of the most critical factors in pedestrian accident cases is Virginia’s contributory negligence rule, which bars recovery if a victim is found even slightly at fault. We’ll go into more detail on this topic later.

Additionally, Virginia’s right-of-way laws dictate when pedestrians have legal protection. While drivers must yield at marked crosswalks, pedestrians aren’t automatically considered victims in every accident. For example, stepping into traffic without warning, ignoring pedestrian signals, or crossing against a light can shift liability.

Since Virginia’s contributory negligence rule can completely bar recovery, having legal representation is crucial to proving liability and protecting your right to compensation. A pedestrian accident lawyer from Tronfeld West & Durrett can assess the accident’s circumstances, gather evidence, and build a strong case to challenge unfair fault claims.

Common Situations Where Pedestrians May Be at Fault

In 2023, Virginia recorded 1,699 pedestrian accidents, resulting in 492 serious injuries and 133 fatalities. While many incidents involve driver negligence, some occur because pedestrians fail to follow traffic laws.

For example, Virginia Code § 46.2-924 requires drivers to stop for pedestrians in marked crosswalks but also imposes responsibilities on pedestrians to cross safely. Violating these rules can contribute to liability, and include the following situations:

Jaywalking and Crossing Outside of Designated Areas

Pedestrians who cross outside a designated crosswalk or against traffic signals risk being held responsible if an accident occurs. Ignoring pedestrian signals or failing to yield at intersections can legally shift liability to the pedestrian.

Walking While Distracted (Phones, Headphones, etc.)

Texting, talking on the phone, or using headphones while walking often prevent pedestrians from noticing approaching vehicles. If distraction contributes to an accident, Virginia’s contributory negligence rule may prevent a pedestrian from recovering damages.

Walking Under the Influence (DUI/DWI for Pedestrians)

Intoxicated pedestrians pose a risk to themselves and drivers, as alcohol and drug impairment lead to poor judgment, slow reaction times, and unsafe road crossings. In such cases, the law may offer pedestrians fewer protections, potentially shifting liability if their actions contribute to an accident.

Running Into Traffic or Ignoring Traffic Signals

If a pedestrian suddenly steps into the road without giving a driver enough time to react, they may be found at fault. Road conditions, speed limits, and driver reaction time all play a role in determining liability in these situations.

Factors That Influence Liability in Pedestrian Accidents

The Driver’s Role in the Accident

Even if a pedestrian is negligent, drivers are still responsible for exercising caution. If a driver fails to yield at a crosswalk, speeds through an intersection, or is distracted, they may be partially or fully responsible for the crash. 

The Role of Surveillance and Witness Testimony

Surveillance footage and witness testimony provide critical evidence in pedestrian accident cases, helping determine who had the right-of-way and whether traffic laws were followed. 

Additionally, police reports document officer observations, statements from involved parties, and any citations issued at the scene. They constitute another key piece of evidence to determine liability.

Road Conditions and Visibility Issues

Environmental factors like poor lighting, heavy rain, fog, or obstructed views can make it harder for pedestrians and drivers to see and react in time. 

If a driver fails to adjust speed or use headlights in low-visibility conditions, they may be held responsible. Additionally, sometimes local municipalities could share fault if poor road design or malfunctioning traffic signals contributed to unsafe conditions.

Can a Pedestrian Still Recover Compensation if They Are at Fault?

In Virginia, a pedestrian cannot recover compensation if they are even 1% at fault, due to the state’s strict contributory negligence rule. 

This means that if a pedestrian’s actions (including jaywalking, crossing against traffic signals, or stepping into traffic) contributed to the accident in any way, they may be barred from pursuing compensation.

In these cases, insurance companies may wrongfully blame the pedestrian to avoid paying a claim. A lawyer from Tronfeld West & Durrett can analyze traffic footage, witness statements, and police reports to challenge unfair fault determinations and argue the driver’s negligence was the primary cause of the accident.

Steps to Take After a Pedestrian-Car Accident in Virginia

Regardless of whether you’re a pedestrian or a driver, taking the right actions after an accident is essential for building a strong case. Follow these steps:

1. Seek medical attention: A medical evaluation documents your injuries and links them to the accident, strengthening your claim.
2. Report the accident to law enforcement: A police report creates an official record and can help establish who was at fault.
3. Gather evidence: If possible, take photos of the accident scene, including traffic signals, crosswalks, vehicle damage, and any visible injuries.
4. Collect witness contact information: Statements from bystanders provide crucial testimony to support your version of events.
5. Avoid discussing fault: Stick to the facts when speaking with the police or insurance companies, as your words could be used against you in a legal claim.
6. Consult a lawyer: An attorney from Tronfeld West & Durrett will explain your legal options and work to secure compensation for your injuries.

Contact Tronfeld West & Durrett for Legal Guidance

After being injured in a crash, don’t wait to seek legal advice. A pedestrian accident lawyer in Virginia can evaluate your case, determine liability, and help protect your right to compensation. 

At Tronfeld West & Durrett, we have the necessary knowledge and resources to handle even the most complex claims. With over 50 years of experience in Virginia and a proven track record of securing substantial verdicts and settlements, our legal team has what it takes to pursue the highest possible compensation on your behalf.

Plus, we don’t charge you anything unless we win your case. Contact us today for a free consultation to discuss your legal options.

After a car accident, Virginia law sets strict deadlines on how long you have to file a claim. Many accident victims assume they have plenty of time, but waiting too long can hurt your case and could even mean losing your right to compensation. To avoid this, legal representation becomes essential.

A car accident lawyer in Virginia can help you craft compelling arguments, gather solid evidence, and ensure all paperwork is filed on time. In this article, Tronfeld West & Durrett explain Virginia’s statute of limitations and some exceptions that may extend your filing deadline.

Virginia’s Legal Deadline for Car Accident Claims

Statutes of limitations impose strict deadlines for filing personal injury claims, and missing them can mean losing your right to compensation. 

Many accident victims assume they have more time than they actually do or believe that ongoing insurance negotiations will extend legal deadlines, which isn’t the case. A car accident lawyer from Tronfeld West & Durrett can ensure all filings meet the required deadlines and build a strong case to maximize your recovery.

The Statute of Limitations for Car Accident Cases

Under Virginia Code § 8.01-243, accident victims have two years from the date of the crash to file a personal injury lawsuit. This deadline applies to cases seeking compensation for medical bills, lost wages, and other damages caused by another party’s negligence.

For property damage claims, the law allows more time. Victims have five years from the accident date to file a lawsuit for vehicle repairs or other property-related losses. 

Starting the legal process early ensures your attorney has enough time to gather evidence, interview witnesses, and build a strong case. Consulting a lawyer soon after the accident helps avoid unnecessary risks and ensures your claim is filed on time.

What Happens If You Miss the Filing Deadline?

Failing to file within Virginia’s statute of limitations can result in losing your right to seek compensation, regardless of the severity of the damages or the strength of the evidence.

Courts typically dismiss cases filed after the deadline, leaving accident victims without legal options for recovering compensation. In rare cases, exceptions may apply, such as if the victim was legally incapacitated or if the at-fault driver fled the state.

However, proving eligibility for an extension requires strong legal arguments and substantial proof. A car accident lawyer at Tronfeld West & Durrett can review your case to determine if there are any legal grounds to extend your filing deadline.

Discovery Rule for Delayed Injuries

Some injuries don’t appear immediately after an accident. Concussions or brain injuries, internal bleeding, and spinal injuries may take days or weeks to manifest, making it difficult for victims to recognize the full extent of their injuries right away.

In Virginia, the discovery rule may extend the filing deadline if an injury wasn’t immediately apparent at the time of the crash. Under this rule, the two-year statute of limitations begins on the date the injury was discovered or reasonably should’ve been discovered, rather than the accident date.

However, this exception is limited and requires medical evidence and expert testimony showing the victim couldn’t reasonably have discovered the injury sooner. Consulting an attorney is crucial if you suspect delayed injuries may impact your case.

What If the At-Fault Driver Leaves Virginia?

If the at-fault driver moves out of state after the accident, Virginia law allows for the tolling (pausing) of the statute of limitations until they return. This prevents negligent drivers from avoiding liability simply by relocating.

Legal strategies we use to pursue claims against out-of-state drivers include:

• Filing lawsuits in Virginia courts: Virginia courts maintain personal jurisdiction over individuals who cause accidents within the state, regardless of their current residence.
• Using long-arm statutes: This law allows courts to serve legal documents to defendants in other states, ensuring they’re properly notified and required to respond to the lawsuit.
• Working with insurance companies – If the at-fault driver had valid auto insurance at the time of the crash, claims can still be processed through their policy, regardless of where they live now.

Why Waiting to File Could Hurt Your Claim

Filing your claim promptly ensures we have the best chance of securing full compensation. Otherwise, delaying legal action can negatively affect your case in several ways, including:

• Key evidence may be lost: Surveillance footage gets erased, accident scenes change, and witness memories fade over time, making it harder to prove fault.
• Medical delays weaken your claim: Insurance companies often argue that victims who wait to seek treatment weren’t seriously injured, reducing potential compensation.
• Insurance companies use delays against you: The longer you wait, the more leverage insurers have to deny or undervalue your claim.

How an Attorney Can Help You Meet Critical Deadlines

Starting your claim early allows us to build a stronger case by:

• Investigating the accident thoroughly – We’ll collect police reports, medical records, and witness statements to establish fault and build a strong compensation case.
• Ensuring all paperwork is filed correctly and before legal deadlines – Missing deadlines or filing errors often result in claim denials. Tronfeld West & Durrett can ensure all documents meet Virginia’s legal requirements and court deadlines.
• Preparing a demand package – A well-documented demand package includes medical records, evidence of lost wages, and accident details to support negotiations with insurance companies or present a strong case in court.

With over 50 years of experience handling personal injury claims in Virginia, Tronfeld West & Durrett’s attorneys know how to build strong cases and maximize compensation. Explore our case results to see the settlements and verdicts we’ve secured for past clients.

Don’t Wait – Contact a Virginia Car Accident Lawyer Today

Missing Virginia’s filing deadline could cost you the chance to recover damages for medical expenses, lost wages, and pain and suffering. Taking action now protects your rights and strengthens your case.

Tronfeld West & Durrett offers free consultations to help you understand your legal options and ensure your claim is handled properly. Plus, there are no upfront costs, as you won’t pay anything unless we secure compensation on your behalf.

Contact us today to schedule a meeting with an experienced personal injury lawyer from our team and learn how we can help you move forward.

Many drivers assume that simply paying a traffic ticket in Virginia will solve the issue, but that’s not always the case. Certain violations carry long-term consequences, including increased insurance rates, license suspension, or even criminal charges. In these cases, having legal representation can make all the difference in your case’s outcome.

A car accident lawyer in Virginia can guide you through the state’s traffic laws, protect your driving record, challenge unfair citations, and negotiate for reduced penalties. This article explores why hiring a traffic lawyer is often the smartest decision and how our team at Tronfeld West & Durrett can help you fight back.

Why You Should Consider Legal Representation for Traffic Violations

Traffic tickets may seem like minor inconveniences, but they can lead to hefty fines, demerit points, and increased insurance costs. More serious offenses, such as reckless driving and DUI, can also result in criminal charges, license revocation, or even jail time.

While some drivers choose self-representation, navigating Virginia’s traffic laws and court procedures can be complex. Judges and prosecutors take violations seriously, especially repeat offenses.

Hiring an experienced traffic attorney ensures you have a strong defense, rather than risking unnecessary penalties by representing yourself in court. At Tronfeld West & Durrett, our team understands how to challenge citations, negotiate dismissals, and minimize penalties, giving you the best chance at a favorable outcome.

4 Key Reasons to Hire a Virginia Traffic Lawyer

Depending on the violation, penalties can escalate and affect your driving privileges and financial stability. Hiring a car accident or motorcycle accident lawyer in Virginia will help protect your rights and minimize the impact of a traffic violation.

Here are four key reasons why working with a Virginia traffic lawyer is a smart decision:

1. Avoid Costly Fines and Increased Insurance Rates

Traffic violations in Virginia come with more than just fines—they can also significantly raise your car insurance premiums. 

For example, a speeding ticket for driving 20 mph over the limit in Virginia can result in six demerit points and a significant increase in insurance rates (averaging 39% annually), depending on the driver’s record and the severity of the violation.

A traffic lawyer can work to reduce or dismiss fines by negotiating with the prosecutor or proving procedural errors in the citation. In many cases, attorneys help drivers avoid points on their licenses, preventing insurance companies from raising rates.

2. Protect Your Driving Record and License

Virginia’s demerit point system assigns points for traffic violations, which remain on your driving record for 2-11 years, depending on the offense. 

Accumulating too many points can result in license suspension or revocation. For example, accumulating 18 points in 12 months or 24 points in 24 months results in an automatic 90-day license suspension. Repeated violations can lead to further penalties, including revocation.

A traffic lawyer can negotiate alternative penalties (such as driving courses or deferred adjudication) to reduce or eliminate points on your record. This can protect your driving privileges and prevent long-term consequences.

3. Legal Defense for Serious Traffic Offenses

Not all traffic violations are minor infractions—some are criminal offenses, with misdemeanor or felony charges.

In Virginia, offenses like reckless driving, DUI, hit-and-run, and excessive speeding can lead to license suspension, fines, and even jail time. A conviction can also result in a permanent criminal record, affecting employment and future driving privileges.

An experienced lawyer can challenge DUI test results, radar readings, and officer testimony to fight unjust charges. A strong defense requires an attorney who understands accident causes and can present critical evidence when law enforcement misinterprets a crash or wrongfully classifies it as a criminal offense instead of a civil matter.

4. Navigating Traffic Court and Legal Complexities

Virginia’s traffic laws are complex, and even small mistakes in court filings or legal arguments can weaken your case. Many drivers assume they can explain their situation in court, but judges and prosecutors follow strict legal procedures and rarely reduce penalties without a strong defense.

An attorney helps navigate court procedures, file the correct paperwork, and present legal arguments effectively. In civil lawsuits tied to traffic violations, such as when drivers or passengers sue in a car accident against the at-fault party, a lawyer can argue for case dismissal or reduced penalties and ensure you don’t face unfair legal consequences.

Common Traffic Violations That Require Legal Representation

Whether your accident involved a rear-end collision, a T-bone impact, or a head-on crash, legal representation will protect your rights. 

Below are common offenses that require legal representation due to their potential impact on your driving record, insurance rates, or criminal history:

• Reckless driving and excessive speeding (over 20 mph above the limit)
• Distracted driving (such as texting while driving)
• Drunk driving and driving under the influence of drugs
• Driving without a valid license or expired registration
• Running red lights, stop signs, or making illegal lane changes

No matter the cause of your accident, it can lead to severe injuries like TBIs, spinal cord damage, and whiplash. If negligence was involved, you deserve fair compensation for medical bills, lost wages, and other damages. At Tronfeld West & Durrett, we can help you pursue the recovery you need.

Get Legal Help for Your Traffic Violation – Contact Us Today

If you receive a traffic citation or face charges, it’s important to act quickly, as Virginia’s statute of limitations limits the time you have to take legal action. Seeking legal counsel early will make a significant difference and allow you to negotiate reduced fines, avoid demerit points, and even dismiss charges.

With over 50 years of experience handling traffic violations in Virginia, Tronfeld West & Durrett’s attorneys have the expertise needed to fight for your rights in traffic court. Whether you’re dealing with speeding tickets, reckless driving charges, or license suspension, we can help you build a strong defense.

Contact us today for a free consultation and explore your legal options. Plus, there are no fees unless we win your case.

Virginia car insurance laws now require all drivers to carry auto insurance, eliminating the previous option to pay an uninsured motorist fee. This change reduces the number of uninsured drivers but makes it even more important to understand your coverage and legal options after an accident.

This article breaks down Virginia’s insurance requirements, penalties for driving uninsured, and how these laws impact accident claims. 

If you’re involved in a crash, a car accident lawyer in Virginia from Tronfeld West & Durrett can help you recover compensation, whether the at-fault driver lacks insurance or an insurer tries to deny your claim.

Is Auto Insurance Mandatory in Virginia?

Yes, Virginia car insurance laws now require all drivers to carry auto insurance. As of July 1, 2024, the state eliminated the option to pay an uninsured motorist fee, making insurance mandatory for all registered vehicles to ensure financial responsibility against injuries and property damage in the event of an accident.

Previously, Virginia allowed drivers to legally operate a vehicle without insurance by paying a $500 uninsured motor vehicle (UMV) fee to the Department of Motor Vehicles (DMV). However, this fee didn’t provide any insurance coverage, it simply allowed the driver to legally use the road without a policy.

Virginia Requires Car Owners to Carry Automobile Liability Insurance

A 2023 study by the Insurance Research Council (IRC) found that 14.0% of drivers nationwide were uninsured in 2022, meaning nearly one in seven motorists lacked coverage. Virginia’s uninsured motorist fee certainly contributed to this issue, as some drivers chose to pay the fee instead of carrying an active policy.

As per Virginia Code § 46.2-706, all vehicle owners must now provide proof of insurance when registering their vehicle. With the elimination of the uninsured motorist fee in 2024, drivers can no longer legally operate a vehicle without coverage.

Current Minimum Coverage Requirements

Before the 2025 insurance law changes, Virginia’s minimum liability coverage limits were:

• $30,000 for bodily injury or death per person
• $60,000 for bodily injury or death per accident
• $20,000 for property damage per accident

Starting January 1, 2025, Virginia’s new minimum insurance requirements will increase to:

• $50,000 for bodily injury or death per person
• $100,000 for bodily injury or death per accident
• $25,000 for property damage per accident

These higher coverage limits provide better financial protection for accident victims, ensuring drivers have more liability coverage to cover medical expenses and damages. If you’re unsure whether your policy meets these new requirements, review your coverage now to stay compliant and avoid penalties.

Changes to Car Insurance Requirements in 2025

Virginia’s auto insurance laws have undergone major changes. On the one hand, Senate Bill 951 eliminated the uninsured motorist fee on July 1, 2024, requiring all drivers to carry insurance. 

Additionally, on January 1, 2025, the state increased minimum liability coverage limits to provide stronger financial protection for accident victims. These updates ensure all registered vehicles have adequate coverage, reducing the risks associated with uninsured drivers.

What Type of Insurance Satisfies Virginia’s Financial Responsibility Law?

Virginia law allows multiple ways for drivers to comply with financial responsibility requirements, including:

• Standard auto insurance policies issued by licensed insurers.
• Self-insurance for companies or individuals with large vehicle fleets who meet specific financial thresholds.
• Surety bonds issued by state-approved providers.
• Commercial auto insurance policies for rideshare and delivery drivers, ensuring they’re covered while working.

What Happens If You Don’t Have Car Insurance in Virginia?

Failing to comply with Virginia’s insurance requirements can result in severe penalties, including fines and license suspension. If caught, you have 30 days to provide proof of insurance or face further penalties.

Additionally, uninsured drivers involved in an accident may be personally liable for all damages, making it difficult to recover financially after a crash. Even if the accident wasn’t your fault, driving without insurance can still result in penalties.

Legal Penalties and Fines for Uninsured Drivers

• $600 fine for failing to carry insurance: The DMV imposes a $600 noncompliance fee if you drive uninsured, which must be paid before reinstating your license and registration.
• License suspension until proof of insurance is provided: The DMV will suspend your driver’s license until you submit proof of valid insurance and meet all reinstatement requirements.
• SR-22 filing requirements for three years: You must file an SR-22 certificate for three years, proving you maintain continuous insurance coverage or risk further penalties.
• Vehicle registration suspension: The DMV suspends your vehicle registration and plates, preventing you from legally driving until you provide insurance proof and pay all required fees.
• Personal financial liability for accident damages: If you cause an accident while uninsured, you must pay for all damages out of pocket, which could include medical expenses, repairs, and lawsuits.

If you need legal guidance after an uninsured motorist crash, a car accident lawyer in Virginia from Tronfeld West & Durrett can assess your case and help explore your options.

How an Uninsured Driver Affects Your Accident Claim

If an uninsured driver hits you, recovering compensation can be difficult because there is no insurance coverage to pay for your medical bills, vehicle repairs, or other losses. 

However, uninsured/underinsured motorist (UM/UIM) coverage from your own policy can help cover these costs. This type of coverage applies when the at-fault driver lacks insurance or doesn’t have enough to fully compensate you.

In some cases, filing a lawsuit against the at-fault driver may be necessary, but collecting compensation depends on their financial situation. If they lack the ability to pay, there are other legal options to secure your claim, such as placing a lien on their property.

If you’re unsure how to proceed, our attorneys can explain how car accident settlements work and discuss your legal options during a free consultation to help you seek the compensation you deserve.

Need Help Understanding Virginia Car Insurance Laws? Contact Us Today

Car insurance laws in Virginia are complex and can lead to financial and legal difficulties. Whether you need assistance with an insurance dispute, accident claim, or legal defense, an experienced car accident lawyer in Virginia can help.

At Tronfeld, West & Durrett, we have over 50 years of experience representing accident victims. Our legal team has secured significant settlements and verdicts (as shown in our case results) and is prepared to fight for full and fair compensation. 

Contact us today for a free consultation to get started!

Drunk driving remains a leading cause of severe accidents, often leaving victims with life-altering injuries and overwhelming financial burdens. Holding the intoxicated driver accountable requires strong legal representation: a car accident lawyer in Virginia can help you pursue full and fair compensation.

At Tronfeld West & Durrett, our attorneys have fought for injury victims across Virginia for over 50 years, and we have what it takes to successfully solve your case. 

This article covers how DUI settlements work, what factors impact compensation, and how our legal team can maximize your recovery after a crash caused by a drunk driver.

Drunk Driving Accident Settlements in Virginia

Under Virginia Code § 18.2–266, drivers with a Blood Alcohol Concentration (BAC) of 0.08% or higher are considered legally intoxicated. If a drunk driver causes an accident, they can face both criminal charges and civil liability, meaning they may be prosecuted while also being responsible for compensating victims.

Unlike standard car accidents, DUI-related crashes often result in higher settlements due to the reckless nature of the offense. Compensation typically covers medical expenses, lost income, and pain and suffering, but victims may also receive punitive damages, which punish the at-fault driver for gross negligence.

Virginia’s personal injury laws directly impact DUI accident settlements by determining who is liable, what damages are recoverable, and how compensation is calculated. A car accident lawyer in Virginia from Tronfeld West & Durrett knows how to apply these laws to build a strong case, effectively establishing liability and pursuing maximum compensation.

Factors That Affect the Settlement Amount in a Drunk Driving Case

The settlement amount you may obtain after a DUI accident depends on multiple factors, including:

• Severity of injuries: More severe injuries typically lead to higher settlements because they require extensive medical treatment and may cause long-term disabilities.
• Medical expenses: The cost of surgeries, rehabilitation, and future treatments affects settlement value. Higher medical bills increase compensation.
• Lost wages and diminished earning capacity: If injuries prevent you from working temporarily or permanently, your settlement includes lost wages. Permanent disabilities leading to career changes or unemployment significantly increase compensation.
• Pain and suffering damages: Emotional distress, chronic pain, and a reduced quality of life impact non-economic damages. Severe, life-altering injuries result in higher pain and suffering awards.
• Punitive damages: If the drunk driver’s actions were extremely reckless, courts may award additional compensation to punish their behavior, increasing your settlement beyond standard damages.
• Insurance coverage: The at-fault driver’s policy limits determine how much you can recover. If they have minimal or no coverage, your uninsured/underinsured motorist policy will affect your payout.

How Much Compensation Can You Expect in a DUI Accident Settlement?

Generally, settlements for DUI-related crashes tend to be higher than standard car accident cases due to punitive damages and the reckless nature of the offense. However, the amount of compensation victims receive varies widely, based on the specifics of each case and the factors we’ve just outlined.

Additionally, shared liability and the strength of the evidence can also impact the final settlement amount. If a victim is partially at fault, their compensation may be reduced under Virginia’s contributory negligence rule, which bars recovery if the victim shares even 1% of the blame.

Typical settlements for drunk driving accident cases in Virginia range from $10,000 to over $100,000 for minor to moderate injuries, while severe cases with catastrophic injuries or punitive damages can exceed $1 million.

Our case results show how settlement amounts vary depending on the specific circumstances of each case. For example, we obtained a $750,000 settlement for a passenger injured when a car’s mirror struck him and a $1 million settlement for a woman who suffered a heel injury in a T-bone collision.

If you’re wondering what your claim could be worth, a car accident lawyer from our team can explain how car accident settlements work, assess your case’s specific circumstances, and estimate its potential value during a free consultation.

Legal Avenues for Recovering Compensation After a Drunk Driving Accident

Victims of DUI accidents have multiple legal options to pursue compensation, depending on the circumstances of their case. Available avenues include:

Filing a Personal Injury Claim Against the Drunk Driver

To hold a drunk driver accountable through a personal injury claim, victims must establish negligence by proving the driver was intoxicated at the time of the crash. Evidence such as police reports, breathalyzer results, and witness statements is crucial to support a claim.

Seeking Compensation Through Insurance Claims

Virginia follows an at-fault system, meaning victims typically file claims against the at-fault driver’s insurance. If the drunk driver lacks sufficient coverage, victims may seek compensation through their uninsured/underinsured motorist policy.

Pursuing Punitive Damages for Gross Negligence

In cases involving extreme recklessness, courts may award punitive damages to punish the at-fault driver and deter similar behavior. Virginia law allows punitive damages in DUI cases where the driver had a BAC of 0.15% or higher or displayed willful misconduct.

How Is Pain and Suffering Compensation Calculated?

Pain and suffering compensation in Virginia is calculated using two primary methods:

• Multiplier method: Economic damages (such as medical bills) are multiplied by a number typically ranging from 1.5 to 5, depending on the severity of the injury.
• Per diem method: A daily rate is assigned based on the victim’s suffering, multiplied by the number of days they’re affected.

At Tronfeld West & Durrett, we use strong evidence to strengthen your claim. Besides medical records, which are important to document the extent of injuries and long-term impact, we also use personal testimony from the victim, family, and medical experts to help illustrate emotional distress, reduced quality of life, and chronic pain.

How Long After a Car Accident Can You Sue in Virginia?

Under Virginia Code § 8.01-243, DUI accident victims have two years from the accident date to file a personal injury lawsuit. 

Failing to meet this deadline means losing the right to seek compensation, so make sure you contact a car accident lawyer in Virginia as soon as possible to ensure all necessary steps are taken on time.

Get a Free Case Evaluation from Virginia’s Trusted Drunk Driving Accident Attorneys

A drunk driving accident can leave you with serious injuries, financial stress, and uncertainty about your next steps. Tronfeld West & Durrett has over 50 years of experience handling DUI accident claims and securing substantial settlements in complex cases. We can do the same for you and hold the at-fault party accountable for your damages.

If you’re ready to discuss your case, we offer a free consultation to evaluate your options. Contact us today to get the legal guidance you need.