Drunk driving accidents are entirely preventable, making them particularly frustrating and tragic. However, with the right legal representation, you can significantly improve your chances of holding responsible parties accountable and securing justice. A skilled Virginia Beach car accident lawyer can help you fight for maximum compensation.
At Tronfeld West & Durrett, we have over 50 years of experience holding drunk drivers accountable, and we’ve helped countless victims across Virginia recover hundreds of millions in compensation. Our team is committed to providing the results-driven representation you need to build a strong case and file a claim after a drunk driving accident in Virginia Beach.
Experienced Virginia Beach Drunk Driving Accident Attorneys Ready to Assist You
Our team is dedicated to guiding you through every step of the claims process. Here’s what we offer:
- Decades of combined experience: Our attorneys have spent over 50 years successfully representing drunk driving accident victims, offering proven strategies to secure fair compensation.
- Proven track record: We consistently achieve favorable outcomes and substantial settlements—review our case results to see how we’ve helped others in similar situations.
- Client-centered approach: We treat every case as unique, providing personalized representation tailored to your unique needs and the case’s specific circumstances to achieve the best possible outcome.
We offer a free consultation and no fees unless we win your case. During this initial meeting, one of our experienced personal injury attorneys can evaluate your case, explain your legal options, and outline a plan to help you move forward with confidence. Whether you’ve been involved in rear-end accidents, head-on accidents, T-bone collisions, or a hit and run accident, we can help. If you’ve suffered from whiplash or any other injury, our team is here to guide you through the legal process.
For answers to your questions about a drunk driving in Virginia Beach, call:
800-321-6741
Understanding Drunk Driving Laws in Virginia
Under Virginia Code § 18.2-266, it’s illegal to operate a vehicle with a BAC of 0.08% or higher. Virginia takes drunk driving offenses seriously, with strict penalties to deter offenders and protect the public.
According to Virginia Code § 18.2-270, penalties escalate with repeat offenses:
- First offense: Classified as a Class 1 misdemeanor with a $250 minimum fine. A BAC of 0.15–0.20 adds 5 mandatory jail days, while a BAC over 0.20 requires 10 mandatory days.
- Second offense: Within 5 years, offenders face a $500 minimum fine and 20 mandatory days in jail. For offenses within 5–10 years, the sentence includes a $500 minimum fine and 10 mandatory days in jail.
- Third offense: A Class 6 felony with a $1,000 fine and 90 mandatory days in jail. If committed within 5 years, offenders face 6 months of mandatory jail time.
- Fourth offense: Classified as a Class 6 felony, carrying a $1,000 fine and a mandatory 1-year jail sentence.
There are harsher penalties for aggravated circumstances, such as excessively high BAC levels or minors present in the vehicle.
Common Injuries Resulting from Drunk Driving Accidents
Some of the most common injuries in drunk driving accidents include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones and fractures
- Internal organ damage
Immediate medical attention is critical to prevent complications and document injuries, which will also strengthen your compensation claim.
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Determining Liability in Drunk Driving Accidents
Establishing fault in a drunk driving accident is often more straightforward than in other car accident cases because driving under the influence is illegal and inherently negligent. However, building a strong claim still requires thorough evidence collection.
At Tronfeld West & Durrett, we gather critical evidence to prove liability, including:
- Police reports: These documents detail the accident, any DUI arrests, and citations issued to the intoxicated driver.
- Witness statements: Eyewitness accounts help corroborate the events leading to the crash and support your version of the incident.
- Toxicology results: Operating a vehicle with a BAC of 0.08% or higher is presumptive evidence of intoxication. BAC tests serve as key evidence of negligence.
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Steps to Take After a Drunk Driving Accident in Virginia Beach
After a drunk driving accident, follow these steps to strengthen your case:
- Seek immediate medical attention: Even if injuries seem minor, get a medical evaluation to identify every injury and create a medical record.
- Contact law enforcement: Call the police to report the accident and ensure an official report is filed.
- Document the scene: Take photos of vehicle damage, injuries, skid marks, and any relevant details. Collect witness contact information.
- Avoid detailed insurance statements: Notify your insurer but avoid providing recorded or detailed statements until consulting an attorney.
Compensation Available to Drunk Driving Accident Victims
Filing a claim for a drunk driving accident allows you to recover the following types of compensation:
- Economic Damages:
- Medical expenses: Costs for emergency care, surgeries, rehabilitation, and future medical needs.
- Lost wages: Compensation for income lost during recovery and diminished earning capacity.
- Property damage: Repair or replacement costs for damaged vehicles and personal property.
- Non-Economic Damages:
- Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Loss of enjoyment of life: Addresses the impact of injuries on daily activities and personal fulfillment.
At Tronfeld West & Durrett, our lawyers work to build a strong, evidence-backed case that clearly proves the at-fault driver’s negligence and the full extent of your damages, allowing you to recover maximum compensation.
Punitive Damages in Drunk Driving Cases
Punitive damages only apply in drunk driving cases involving gross negligence. This includes cases with excessively high BAC levels or reckless behavior like speeding while intoxicated.
Unlike compensatory damages, which address the victim’s losses, punitive damages serve to punish egregious conduct and deter similar behavior in the future.
Virginia’s Statute of Limitations for Drunk Driving Accident Claims
Under Virginia Code § 8.01-243, victims of drunk driving accidents have two years from the date of the accident to file a personal injury claim, while property damage claims have a five-year deadline. Taking timely legal action is essential, as failing to file within this timeframe means losing your right to compensation altogether.
Contact a Virginia Beach Drunk Driving Accident Lawyer at Tronfeld West & Durrett
Our attorneys are committed to helping drunk driving accident victims secure the justice they deserve. Here’s why you can trust us to handle your case in Virginia Beach:
- Extensive experience: Over five decades of successfully handling drunk driving accident claims.
- Proven results: A proven track record of achieving substantial settlements and verdicts for clients.
- Client-focused representation: Personalized legal strategies tailored to meet each client’s unique needs and each case’s unique circumstances.
After a drunk driving accident in Virginia Beach, don’t navigate the legal system alone. Our expert drunk driving attorneys can review your case, discuss your options, and help you take the first steps toward recovery. Contact us to schedule a free consultation today.
Call or text 800-321-6741 or complete a Free Case Evaluation form