Drunk driving remains one of the most reckless and preventable causes of traffic accidents in Virginia. Each year, innocent people suffer life-altering injuries, face overwhelming medical expenses, and endure deep emotional trauma — all because someone made the dangerous decision to drive under the influence.
If you’ve been injured in a DUI-related crash, you have legal rights. At Burnett & Williams, our experienced attorneys Kimberly Raab and C. James Williams III have spent decades helping victims of drunk drivers secure full and fair compensation under Virginia law.
This guide outlines the essential steps to take after a DUI crash, how the law protects you, and how to safeguard your physical, emotional, and financial future.
Why DUI Accidents Are Different
While all car accident claims involve proving that another driver was negligent, DUI cases present unique circumstances:
✅ DUI drivers violate Virginia Code §18.2-266, making their behavior criminal in nature.
✅ Their conduct may warrant punitive damages, which are awarded to punish and deter egregious behavior.
✅ Evidence of intoxication often provides clear liability — but compensation is not guaranteed without a civil claim.
Even if the driver is criminally charged, you must file a civil lawsuit to recover financial damages for your injuries.
Virginia DUI Laws and Your Rights
Under Virginia law, it is illegal to operate a vehicle with:
✅ A blood alcohol concentration (BAC) of 0.08% or higher
✅ Any measurable amount of illegal drugs
✅ A BAC of 0.02% or higher if the driver is under 21
If the at-fault driver meets any of these criteria, it strengthens your civil case — but you must still demonstrate that:
- The driver was impaired
- Their impairment caused the crash
- You sustained measurable damages
Example Case: James’s Story
James, a construction worker from Richmond, was struck by a drunk driver who ran a stop sign and t-boned his truck. The driver’s BAC was recorded at 0.18% at the scene.
The insurance company initially offered James just $20,000, claiming his back injury was a pre-existing condition. With the legal guidance of Kimberly Raab and C. James Williams III, James’s team presented clear medical evidence, documented lost income, and pursued punitive damages based on the driver’s recklessness.
The result: a six-figure settlement, covering medical costs, pain and suffering, lost wages — and holding the intoxicated driver accountable.
What Compensation Can You Recover?
If a drunk driver caused your injuries, you may be entitled to the following damages:
✅ Medical expenses (including ongoing care)
✅ Lost wages and reduced earning capacity
✅ Pain and suffering
✅ Emotional trauma
✅ Vehicle and property damage
✅ Punitive damages (capped at $350,000 under Virginia law)
What to Do After a DUI Crash
1. Call 911
Contact law enforcement immediately. The responding officer’s report and observations will help establish the driver’s impairment.
2. Seek Immediate Medical Care
Some injuries may not be visible right away. Timely medical evaluation protects both your health and your legal claim.
3. Document the Scene
Take photos of the vehicles, your injuries, the roadway, and anything else relevant. If the driver shows signs of intoxication, make note (e.g., slurred speech, smell of alcohol).
4. Collect Witness Information
Witnesses may have seen erratic driving, signs of intoxication, or the crash itself. Their testimony can be critical.
5. Contact an Experienced DUI Injury Attorney
Do not speak to the insurance company before consulting with an attorney. At Burnett & Williams, we protect your interests and negotiate on your behalf to pursue the maximum compensation available.
Why Insurance Companies Still Dispute DUI Claims
Even with a clear DUI arrest, insurers may try to:
❌ Deny that the drunk driver was solely at fault
❌ Argue that your injuries were pre-existing
❌ Minimize your pain, suffering, or financial losses
❌ Assert that you were partially to blame — which matters significantly under Virginia’s strict contributory negligence rule
Our legal team has the experience to counter these tactics and build a case that stands up to scrutiny.
Understanding Virginia’s Contributory Negligence Rule
Virginia follows one of the nation’s harshest liability standards. If you’re found to be even 1% at fault, you could be barred from recovering any compensation.
This makes it absolutely critical to avoid making statements to insurance companies and to have legal counsel involved as early as possible.
Why Choose Burnett & Williams?
At Burnett & Williams, we have over 30 years of experience representing victims of DUI accidents across Virginia. Our attorneys take a comprehensive, aggressive approach to building your case, and we are deeply committed to securing justice for our clients.
Meet Your Legal Team: Kimberly Raab & C. James Williams III
Attorneys Kimberly Raab and C. James Williams III bring decades of combined experience in personal injury and DUI litigation. Known for their strategic casework, strong negotiation skills, and compassionate client service, they are relentless in holding drunk drivers accountable. Whether investigating crash scenes, obtaining toxicology reports, or presenting compelling arguments in court, they work together to fight for maximum compensation and justice for every client.
Office Locations Across Virginia
We proudly serve clients throughout the state with offices in:
- Richmond
- Chesterfield
- Hopewell
Final Thoughts
Being injured by a drunk driver is traumatic — but you don’t have to face the aftermath alone. With the guidance of experienced attorneys, you can hold the responsible party accountable and pursue the compensation you need to heal and move forward.
At Burnett & Williams, attorneys Kimberly Raab and C. James Williams III are ready to stand by your side and fight for your rights. Call us today at 804-794-0080 or visit burnettwilliams.com to schedule your free consultation. Local offices available in Richmond, Hopewell, and Chesterfield.
FAQs: Understanding Your Rights After a DUI Crash
Q1: Do I need a lawyer if the other driver was clearly drunk?
A: Yes. Even if the DUI seems obvious, insurance companies often fight to reduce or deny claims. A skilled attorney ensures that your rights are protected, your damages are fully assessed, and your case is positioned for the best possible outcome — including the pursuit of punitive damages.
Q2: Can I recover compensation even if the DUI driver goes to jail?
A: Yes. A criminal conviction doesn’t automatically result in compensation. You must file a civil claim to recover medical costs, lost wages, pain and suffering, and other damages. Civil and criminal cases are completely separate under Virginia law.
Q3: What evidence helps prove my case against a drunk driver?
A: Strong evidence includes police reports, BAC results, witness statements, medical records, photos of the scene, and video footage if available. At Burnett & Williams, we handle the investigation and work with experts to build a powerful case on your behalf.
Q4: Can I still sue if I wasn’t wearing a seatbelt?
A: Possibly. Virginia law is strict on contributory negligence, but failure to wear a seatbelt doesn’t automatically prevent you from recovering damages. Each case is fact-specific, and an attorney can help determine how this factor may impact your claim.
Q5: How long will it take to resolve my case?
A: The timeline varies depending on the complexity of the case, the severity of your injuries, and whether a settlement or trial is needed. Many cases resolve within several months, but others—especially those involving significant injuries or disputed damages—can take longer.
