When someone is injured in a crash involving an impaired driver, the civil claims process often requires professional legal help. A Fredericksburg car accident lawyer can help you identify liability, secure evidence, manage insurance communications, and pursue full compensation.

At Tronfeld West & Durrett, we represent people in Fredericksburg who’ve been injured by impaired drivers since 1972. We know how to build clear, evidence-based claims and work hard to recover what you’re owed.

Why Choose Tronfeld, West & Durrett for Your DUI Injury Case

When you’re injured by a drunk driver, you need more than a lawyer. You need a team that knows exactly how to build strong, evidence-backed claims that stand up to insurance companies and in court. We bring over five decades of experience representing DUI accident victims across Virginia, combining deep legal knowledge with a practical understanding of how these cases unfold locally in Fredericksburg and surrounding courts.

With a proven track record in reckless driving claims, we’ve helped clients recover compensation for everything from hospital bills and lost wages to serious lifelong injuries caused by impaired drivers. When your future depends on the outcome of a case, experience and strategy matter, and that’s what we deliver.

For answers to your questions about a drunk driving accident in Fredericksburg, call:
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Understanding Drunk Driving Laws in Virginia

At Tronfeld West & Durrett, our injury lawyers help clients make sense of Virginia’s DUI laws and how they apply to personal injury claims. We use BAC test results, police records, and expert evaluations to build compelling civil cases, even when criminal prosecution is still underway or has failed to result in a conviction.

Whether the other driver’s BAC exceeded 0.08% or they were impaired without reaching that threshold, we can help you hold them accountable through a civil lawsuit that reflects the full scope of your losses.

Driving Under the Influence (DUI) Legal Limits

Under Virginia Code § 18.2-266, it’s illegal to operate a motor vehicle:

  • With a BAC of 0.08% or more for most drivers
  • With a BAC of 0.04% or more for commercial vehicle operators
  • With any detectable alcohol for drivers under 21 (zero tolerance)

These thresholds are important in both criminal and civil cases. Evidence of a BAC at or above the legal limit helps support a personal injury claim, even if criminal charges are pending.

Criminal vs. Civil Liability

While DUI charges are handled in criminal court, victims of drunk driving accidents can also pursue civil lawsuits for compensation. These cases are independent of one another, meaning a victim may win a personal injury case even if the drunk driver avoids conviction.

Dram Shop Liability and Negligent Entrustment

Virginia doesn’t allow most lawsuits against bars or restaurants that serve alcohol to intoxicated patrons. Under Virginia Code § 4.1-306, these establishments are generally shielded from liability. However, injury claims may still be successful under a theory of negligent entrustment—for example, if someone knowingly gives their vehicle keys to an impaired driver.

How We Hold a Drunk Driver Legally Accountable

In Virginia, injured individuals can hold drunk drivers accountable through civil legal action, regardless of whether criminal charges are filed. A successful claim requires:

Proving Negligence in a DUI Accident

To hold a drunk driver legally accountable in a civil case, you must prove they acted negligently and that their actions directly caused your injuries. Evidence plays a critical role in building that connection, including:

  • Police reports documenting DUI-related citations or arrests
  • Results from breath, blood, or field sobriety tests
  • Eyewitness testimony about erratic behavior or alcohol consumption

Building a Civil Injury Case

Once negligence is established, the next step is to build a comprehensive personal injury claim. This process involves:

  1. Investigating the cause of the crash and identifying all responsible parties
  2. Reviewing insurance coverage, including the drunk driver’s policy and your own
  3. Calculating your damages, including medical expenses, lost income, pain and suffering, and other losses
  4. Preparing and filing the claim within Virginia’s statute of limitations, while ensuring all procedural requirements are met

Your drunk accident lawyer at Tronfeld, West & Durrett will manage every aspect of the civil claims process so you can focus on your recovery. 

Can I Still Recover Damages if the Driver Is Not Convicted?

Yes. Even if the at-fault driver avoids a DUI conviction, you may still pursue a civil case. 

Civil injury claims have a lower burden of proof than criminal cases. Instead of proving guilt “beyond a reasonable doubt,” your attorney must only demonstrate negligence by a preponderance of the evidence.

This distinction is critical. Many DUI cases result in reduced charges, plea deals, or even dismissals, but civil courts may still award full compensation based on the evidence of impairment and fault.

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Are Other Parties Potentially Liable for a Drunk Driving Crash?

While the intoxicated driver is usually the primary defendant, we’ll evaluate other parties that may also share liability, such as: Although the drunk driver is typically the main defendant, we will also assess other potentially liable parties, including:

Vehicle Owners (Negligent Entrustment)

A person who lends their car to someone they know is intoxicated or habitually reckless may be liable under negligent entrustment principles.

Employers of Drunk Drivers

If the impaired driver was working at the time of the crash or was operating a company-owned vehicle, their employer may be liable. This is known as vicarious liability.

Bar or Restaurant Liability

As noted, Virginia doesn’t generally allow lawsuits against establishments that serve alcohol. However, in rare circumstances, a bar’s extreme negligence or participation in reckless behavior may open the door to a viable claim.

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What Compensation Can I Receive From a Drunk Driving Accident Claim?

Although there’s no set average settlement if hit by a drunk driver in Virginia, an experienced attorney from our team can estimate your claim’s value during a free consultation. To do so, we’ll factor in your medical needs, income loss, and your injuries’ long-term impact.

Filing a claim typically allows you to recover the following damages:

Economic Damages

  • Medical expenses: ER visits, surgery, rehabilitation, prescriptions, and more.
  • Lost wages: Time away from work or permanent loss of earning capacity.
  • Property damage: Vehicle repairs or replacement.

Non-Economic Damages

  • Pain and suffering: Physical pain, trauma, and long-term disability.
  • Emotional distress: Anxiety, depression, or PTSD.
  • Loss of enjoyment: Inability to participate in hobbies or daily activities.
  • Disfigurement or disability: Permanent impairments caused by the crash.

Punitive Damages

Under Virginia Code § 8.01-44.5, punitive damages may be awarded in cases involving a BAC of 0.15% or higher or refusal to submit to testing. These damages aren’t meant to compensate the victim, but rather to punish and deter, especially reckless conduct.

How Long Do I Have to File a Drunk Driving Accident Lawsuit?

There are strict deadlines regarding how long you have to file a car accident claim in Virginia. In most cases, victims have two years from the date of the accident. Failing to file within this window can permanently bar recovery, and that’s why early involvement of a legal professional is highly recommended.

Speak With a Fredericksburg Drunk Driving Accident Lawyer Today

If you’ve been injured by a drunk driver, taking legal action early gives your attorney more time to investigate the crash, gather key evidence, and protect your claim before deadlines or insurer tactics limit your options.

At Tronfeld West & Durrett, we offer free consultations to help you understand your rights and decide how to move forward. With over 50 years of experience in personal injury law, we’re prepared to handle your case with the focus and strategy it deserves.

Contact us today to begin building your case with a team trusted by Virginians since 1972.

Call or text 800-321-6741 or complete a Free Case Evaluation form

What Are the Most Common Types of Personal Injury Claims?

Automobile accidents are, by far, the most common type of personal injury claim. There are more than 17,250 car accidents every day in the United States, and many of those accidents are the direct result of negligence or carelessness on the part of a driver. Auto accidents can cause injuries that result in lifelong medical issues and pain. Therefore, holding the careless driver responsible is extremely important.