You did everything right on the road, kept your speed reasonable, watched the traffic, stayed sober behind the wheel, and a driver who chose to drink still slammed into you. Now you are dealing with an insurance adjuster calling before you have even left the hospital.
Tronfeld West & Durrett has spent over 50 years holding negligent Virginia drivers accountable, and a drunk driving crash is one of the few situations where the law allows us to pursue damages that punish the at-fault driver, not just repay your losses. As a Fredericksburg car accident lawyer team, we work on a contingency basis, so there is no fee unless we win your case, and we invite you to start with a free consultation.
A drunk driving claim moves faster when the evidence is fresh, so the first conversation matters. When you call Tronfeld West & Durrett, here is what the initial screening call covers:
With more than five decades handling Virginia injury claims, our team knows within that first call what makes a drunk driving case strong and where the defense will try to chip away at it.
For answers to your questions about a drunk driving accident in Fredericksburg, call:800-321-6741
A drunk driving case is built on two parallel tracks, the criminal proceeding against the driver and your civil claim for compensation, and they require different evidence. Tronfeld West & Durrett handles the work that turns an arrest into a fully documented claim:
Our results reflect this approach, including a $2,850,000 settlement for victims of an I-95 chain-reaction crash. We are local attorneys with strong ties to Fredericksburg, Virginia, and we put every one of those tools to work for the people we represent. A typical drunk driving settlement in Virginia varies widely with the specifics of each case, and we invite you to discuss your case in a free initial consultation.
A drunk driving crash sits at the intersection of criminal and civil law, and knowing how the two relate helps you see what your claim is worth.
When a driver is arrested for driving under the influence, the Commonwealth prosecutes them under Va. Code § 18.2-266, which makes it illegal to operate a vehicle with a blood alcohol concentration of 0.08 percent or more. That criminal case can send the driver to jail, but it does not pay your medical bills. Your civil claim is separate.
A conviction or guilty plea can be used as evidence that the driver was negligent, which strengthens your case for compensation, but you do not have to wait for the criminal case to conclude before pursuing your own claim.
Many states allow injured people to sue the bar or restaurant that over-served a drunk driver. Virginia is far more restrictive. The Commonwealth has historically declined to recognize broad dram-shop liability, which means the establishment that served the driver is rarely a defendant. That makes it all the more important to identify every available insurance policy and asset tied to the at-fault driver, work our firm handles in every drunk driving case.
Virginia is one of the states that allows punitive damages against a drunk driver in qualifying cases, typically where the driver’s blood alcohol level was high and they refused or failed testing. These damages are meant to punish reckless conduct and deter others, and they can substantially increase a recovery. A free consultation with Tronfeld West & Durrett is the fastest way to learn whether your case qualifies.
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Drunk driving crashes tend to happen at higher speeds and without braking, which means the injuries are often severe and long-lasting:
Getting examined right away and keeping every record from day one protects both your health and your claim, and our firm works with a network of medical and vocational experts who document the full picture of your injuries.
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Because a drunk driving crash involves egregious conduct, Virginia law lets you pursue more than just the cost of your medical care. The damages available fall into several categories:
Tronfeld West & Durrett brings in life-care planners and economists to document each category accurately, because a number that is too low early on is hard to fix later. We pursue every dollar the law allows, including punitive damages where the facts support them.
John Newby, an associate at Tronfeld West & Durrett who has been named a Virginia Super Lawyer every year since 2015 and has secured some of the firm’s largest recent settlements, notes:
“A drunk driving case is different from an ordinary crash because the driver made a choice, and Virginia law lets a jury respond to that choice with punitive damages. The key is building the record early, the BAC, the conduct, the criminal file, so the conduct is undeniable by the time we make our demand.”
You likely have a drunk driving claim worth pursuing if any of these apply:
Our results reflect what a well-documented Virginia crash claim can achieve:
When you work with our firm, you get a team that is big enough to handle any case and small enough to give your claim a personal feel.
A drunk driver took away your sense of safety and left you with bills you never planned for. You do not have to take on the insurance company alone, and you do not pay anything unless we recover for you. With over 50 years of experience in Virginia, Tronfeld West & Durrett knows how to build a drunk driving claim that holds up, including the punitive damages that hold the driver accountable for the choice they made.
When you are ready, contact Tronfeld West & Durrett for a free consultation. We will review what happened, explain your options in plain terms, and start protecting your claim right away. There is no fee unless we win your case.
Yes. Virginia is one of the states that allows punitive damages against an impaired driver in qualifying cases, usually where the driver’s blood alcohol concentration was high and they failed or refused testing. Punitive damages are separate from compensation for your medical bills and lost wages, and they are meant to punish the driver and deter others. A free consultation with Tronfeld West & Durrett is the best way to learn whether the facts of your crash support a punitive claim.
No. Your civil claim for compensation is separate from the criminal DUI prosecution. You can pursue your claim while the criminal case is still pending. A conviction or guilty plea can strengthen your civil case, but waiting can cost you valuable evidence and run down your filing deadline.
Many drunk driving crashes leave victims with damages that exceed the at-fault driver’s policy limits. In those situations, your own uninsured or underinsured motorist coverage may apply, and there may be other sources of recovery. Our firm investigates every available policy so you are not left covering the gap yourself.
Virginia gives you two years from the date of the crash to file a personal injury lawsuit under Va. Code § 8.01-243. Miss that deadline and the court will likely refuse to hear your case. The rule includes limited exceptions, so it is best to talk with an attorney early.
If you are able, call the police, get medical attention, and photograph the scene and vehicle damage. Make sure the responding officer documents any signs of impairment. Then contact a lawyer before talking to the at-fault driver’s insurer, because what you say early can be used to argue you were partly at fault under Virginia’s contributory negligence rule.
Call or text 800-321-6741 or complete a Free Case Evaluation form