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Roanoke Drunk Driving Accident Lawyer

When people drive drunk in Roanoke, they commit a serious breach of their duty to share the road safely and responsibly with others. They can also cause severe, life-changing injuries.

If you or a loved one has been injured by a drunk driver, a skilled Roanoke drunk driving accident lawyer from Lichtenstein Law Group can help you seek accountability and justice. Let us put our nearly 100 years of combined legal experience to work for you. Contact our office today to get started with an initial, free consultation.

How Can a Roanoke Drunk Driving Accident Attorney Help with Your Case?

During a time when pain, uncertainty, and financial pressure may feel overwhelming, an experienced Roanoke drunk driving accident attorney can provide valuable support. Your personal injury attorney at Lichtenstein Law Group will be your advocate by:

  • Using their legal background to protect your interests while you focus on healing
  • Handling all communications with insurers
  • Working diligently to pursue maximum compensation for the harm you have suffered.

After a crash involving an impaired driver, it’s natural to feel angry and confused about your next steps. When you work with Lichtenstein Law Group, an experienced personal injury lawyer can help you understand your situation and the options available to you.

What Common Injuries Do Roanoke Drunk Driving Accidents Cause?

Drunk driving accidents often happen at high speeds or involve little to no effort on the impaired driver’s part to avoid a collision. The force of impact in these crashes increases the likelihood of catastrophic harm. Victims of drunk driving accidents may face long-term or permanent injuries that:

  • Disrupt every part of their lives
  • Require extensive medical care
  • Lead to lasting physical, emotional, and financial consequences

Common injuries in Roanoke drunk driving accidents include the following:

  • Broken bones
  • Concussions and traumatic brain injuries
  • Spinal injuries and paralysis
  • Internal organ damage
  • Severed limbs
  • Wrongful death

What Are the Drunk Driving Laws in Virginia?

The potentially harsh punishment that Virginia law imposes for drunk driving reflects the danger that it poses to the public. The state considers a driver legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08 percent or higher. However, a driver can still be charged with DUI even if their BAC is lower if alcohol has clearly impaired their ability to operate a vehicle.

Penalties for DUI convictions in Virginia include:

  • Fines
  • Driver’s license suspension
  • Mandatory driver’s education programs
  • Community service
  • Jail time

Repeat offenders and those who cause bodily injuries in drunk driving crashes face harsher consequences. In civil claims, a drunk driver’s violation of criminal law can serve as powerful evidence of negligence per se. This doctrine allows a victim to establish a drunk driver’s liability by showing that they broke a law designed to protect the public and caused harm as a result.

Unlike in many other states, Virginia law does not allow victims and their families to hold “dram shops” and “social hosts” liable for the harm that a drunk driver causes in a crash.

  • Virginia has no dram shop laws. Accident victims cannot sue establishments such as bars and restaurants for over-serving alcohol to a driver, even if they are clearly intoxicated.
  • Virginia also has no social host liability laws. Individuals who host social gatherings cannot be held liable for the harm that their intoxicated guests later cause to others. (Still, they may face criminal penalties if they serve alcohol to minors.)

How Would the Drunk Driver’s Refusal to Take a Breathalyzer Test Affect My Case?

Refusing a breathalyzer test after a suspected DUI can complicate a criminal case. However, it may benefit your civil injury claim. Under Virginia law, refusing a post-arrest breath test results in an automatic license suspension. While the lack of test results might limit direct BAC evidence, other signs of impairment (such as erratic driving, slurred speech, or field sobriety failures) can still support a finding of negligence in a civil car accident lawsuit.

Can You Seek Damages from a Drunk Driver for Your Injuries?

Filing a drunk driver accident claim provides a path to seeking damages (compensation) for your accident-related losses, including:

  • Economic (financial) losses
  • Non-economic (personal) harm
  • Punitive damages (in some cases)

Virginia law allows a court to award victims of drunk drivers punitive damages when the following apply:

  • The drunk driver’s BAC was 0.15 percent or higher,
  • The drunk driver knew their intoxication would impair their ability to drive, and
  • The drunk driver’s impairment directly caused the victim’s injury or death

The compensation you could recover depends on factors such as the severity of your injuries and your long-term prospects for achieving a full physical recovery. A Roanoke drunk driving accident lawyer from Lichtenstein Law Group can review the facts of your case and help you understand the compensation that may be available to you.

What Happens If the Drunk Driver Has Little or No Insurance?

If the drunk driver who hit you lacks sufficient insurance coverage, it doesn’t automatically prevent you from recovering compensation. Virginia requires auto insurance policies to include uninsured/underinsured motorist (UM/UIM) coverage. This insurance can help cover your expenses when the at-fault driver lacks adequate insurance, including your medical bills, lost income, and other losses up to your policy limits. Your lawyer can evaluate all available coverage and pursue every possible source of compensation.

What Should You Do After an Accident with a Drunk Driver?

After a collision with an impaired driver, you should try to do the following:

  • Call 911 to summon police to the scene
  • Get medical attention for anyone who’s hurt
  • If possible, take photos of the vehicles and the crash scene
  • Collect contact information from any eyewitnesses
  • Follow your doctor’s recommended treatment plan
  • Consult with an experienced Roanoke car accident lawyer to lay the groundwork for pursuing a claim against the drunk driver

How Long Do You Have to File a Drunk Driving Accident Claim in Virginia?

In most cases, Virginia law gives you two years from the date of the car crash to file a personal injury lawsuit against a drunk driver. Missing this deadline can cost you the right to seek full and fair compensation in court.

Two years may seem like lots of time. However, preparing a strong car accident case takes longer than you might expect. It will be crucial for your lawyer to identify and interview witnesses and preserve evidence such as electronic data recorder (EDR, or “black box”) data, cell phone records, and possibly even surveillance camera and dashcam footage. By acting promptly, you can give your lawyer sufficient time to preserve and gather such evidence and build a compelling claim.

Contact a Roanoke Drunk Driving Accident Lawyer

Since 1992, Lichtenstein Law Group has focused on representing clients in serious injury and in Roanoke and the surrounding communities. Our broad legal experience as auto accident lawyers and commitment to personalized service help us prepare and pursue claims against drunk drivers while supporting our clients as they recover and reclaim their lives. Contact us today to arrange a free consultation with the Roanoke car accident attorneys at Lichtenstein Law Group.