Getting hit by a drunk driver can leave you shaken, angry, and unsure of what to do next. You may be dealing with pain, medical appointments, a damaged car, missed work, and an insurance company asking questions before you even know how badly you’re hurt.
If this happened to you in Virginia, there are several important steps you can take to protect your health and your ability to pursue compensation. A Fairfax DUI Accident Lawyer can help.
What should I do after being hit by a drunk driver in Virginia?
After a drunk-driving crash, your first priorities should be getting medical care, reporting the accident, documenting what happened, preserving evidence, and being careful about what you tell the other driver’s insurance company.
Here are the most important steps to take:
- Get medical attention, even if you initially feel okay.
- Make sure the crash is reported to the police.
- Get the other driver’s insurance and contact information if you can safely do so.
- Take photographs and videos of the crash scene, vehicles, and your injuries.
- Keep records of your medical treatment and other expenses.
- Save any information you have about the driver’s arrest or DUI charge.
- Avoid giving a recorded statement or accepting a settlement before you understand your claim.
- Consider talking with a Virginia DUI accident lawyer about your options.
The reason these steps matter is simple: evidence can disappear, injuries can become more serious over time, and insurance companies may start investigating the claim immediately.
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1. Get medical treatment
Your health comes first.
Some car accident injuries are obvious right away. Others aren’t. Symptoms from a concussion, whiplash, back injury, or other trauma may develop or become more noticeable hours or even days after a crash.
If you were evaluated at the scene or taken to the emergency room, follow up with your doctors as recommended. If you haven’t received medical care yet but are experiencing pain, dizziness, headaches, confusion, numbness, or other symptoms, don’t ignore them.
Medical records also create an important record of your injuries and treatment. If you later pursue a personal injury claim, the records can help establish what happened and how the crash affected you.
2. Make sure the crash is documented
If police responded to the accident, there may be a police report documenting what happened, including information about the other driver’s suspected intoxication or arrest.
Virginia law prohibits driving while intoxicated, including driving with a blood alcohol concentration of 0.08% or more or while under the influence of alcohol to a degree that impairs the person’s ability to drive safely.
If the other driver was arrested or charged with DUI, keep any paperwork you receive. You may also want to find out whether there is a related criminal case.
The criminal case and your personal injury claim are separate matters, though information developed during the criminal investigation may be relevant to your injury claim.
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3. Preserve evidence from the accident
If you’re physically able to do so, take photographs of:
- Your vehicle
- The other vehicle
- The location of the crash
- Road conditions and traffic signals
- Visible injuries
- Damage to personal property
- Anything else that helps show how the accident happened
Don’t worry about taking perfect photographs. Take more than you think you’ll need.
Also save text messages, emails, insurance information, medical records, discharge paperwork, bills, and anything else related to the accident.
If someone witnessed the crash, write down their name and contact information if you have it.
Evidence can become harder to find as time passes. Surveillance footage may be overwritten. Vehicles may be repaired or destroyed. Witnesses may forget important details.
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4. Be careful when talking to the insurance company
After a crash, you may hear from the drunk driver’s insurance company quickly.
The insurance adjuster may sound friendly and helpful. Remember, though, that the insurance company’s job is to investigate and resolve the claim—not to determine how much money you deserve.
You should be truthful about what happened, but you don’t have to guess about your injuries, speculate about your recovery, or agree to a settlement before you understand the full extent of your losses.
If an insurance company asks you to give a recorded statement or sign documents you don’t understand, consider getting legal advice first.
5. Don’t assume the DUI automatically takes care of your injury claim
This is an important distinction.
The drunk driver may face criminal consequences for driving while intoxicated. But a criminal prosecution does not automatically compensate you for your medical bills, lost income, pain, or other losses.
Your personal injury claim is a separate legal matter.
A DUI charge or conviction may be an important piece of evidence, but your injury claim still needs to be investigated and supported. An experienced drunk driving injury lawyer can help determine what evidence exists and how it may affect your case.
What compensation can I recover after a drunk-driving crash?
Depending on the circumstances of your accident and injuries, a personal injury claim may seek compensation for losses such as:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of future earning capacity
- Property damage
- Physical pain
- Emotional suffering
- Other losses related to your injuries
The value of a claim depends heavily on the specific facts. A relatively minor injury is very different from a traumatic brain injury, spinal injury, broken bones, or another serious or permanent injury.
It’s also important to determine what insurance coverage is available. The amount of insurance carried by the drunk driver may not be enough to cover significant injuries, so your lawyer may need to investigate other potential sources of coverage.
How long do I have to file a Virginia car accident claim?
Don’t wait too long to address your claim.
Virginia generally requires personal injury lawsuits to be filed within two years after the cause of action accrues. Virginia law also generally provides that an injury claim accrues when the injury occurs.
There can be exceptions and special circumstances, so the deadline for a particular case should be evaluated based on its facts.
More importantly, waiting can make the case harder to investigate. Evidence may disappear, memories fade, and important documents can become more difficult to obtain.
When should I talk to a DUI accident lawyer?
You don’t necessarily need to hire a lawyer simply because the other driver was charged with DUI. But if you were seriously injured, missed work, expected significant medical treatment, or are dealing with an insurance company that is questioning your claim, getting legal advice can be worthwhile.
A DUI accident lawyer can investigate the crash, gather available evidence, evaluate the insurance coverage, communicate with the insurance companies, and help you understand what your claim may be worth.
At BenGlassLaw, we represent injured people in Virginia who are dealing with the aftermath of serious car accidents. If you’ve been hurt because another driver chose to get behind the wheel after drinking, you shouldn’t have to figure out the insurance and legal process alone.
Frequently Asked Questions
Does a DUI conviction help my personal injury case?
It can be relevant to your claim, but a DUI conviction does not automatically determine the outcome of a personal injury case. Your injury claim still has to be investigated and supported by evidence.
What if the drunk driver doesn’t have enough insurance?
You may have additional options depending on the insurance policies available to you and the circumstances of the crash. An attorney can review the available coverage and determine what claims may be possible.
Should I wait until the DUI case is over before pursuing my injury claim?
Usually, you should not simply wait. The criminal case and personal injury claim are separate proceedings, and important evidence for your injury claim may need to be preserved while the criminal case is pending.
What if I don’t feel injured right after the crash?
You should still pay attention to how you feel in the hours and days following the accident. Some injuries don’t become obvious immediately. If symptoms develop, seek appropriate medical attention.
Do I need a lawyer after being hit by a drunk driver?
Not every accident requires an attorney. But if you suffered significant injuries or the insurance company is disputing your claim, speaking with a DUI accident lawyer can help you understand your rights and options before you make important decisions about your case.
Call (703) 591-9829 or complete a Free Case Evaluation form