If you were hit by a drunk driver in Virginia, it is best to do the following: call the police, take photographs of the scene if you are able, and collect witness contact information. These early steps protect and preserve the evidence that supports your injury claim, including the driver’s blood-alcohol content, which can open the door for claiming possible punitive damages. Acting promptly also protects your options if the driver flees the scene or turns out to be uninsured.
Fishwick & Associates PLC is a Roanoke firm that represents accident victims across Virginia. Led by Roanoke car accident attorney John P. Fishwick Jr., our team can assist you by securing time-sensitive police and BAC evidence, evaluating whether your case qualifies for statutory punitive damages, and handling all communications with insurance companies to protect your right to full compensation.
This guide explains what to do at the scene, how immediate medical care and the driver’s BAC affect your claim, what happens if the driver flees or has no insurance, whether you can recover punitive damages, who else may be liable, and how long you have to file. Contact us at (540) 345-5890 to request a free case evaluation.
How Common Are Drunk Driving Crashes in Virginia?
Drunk driving remains a serious problem in Virginia. According to the Virginia Department of Motor Vehicles, 318 of the state’s 918 traffic fatalities in 2024 were alcohol-related, about 35 percent of all traffic deaths that year.
The daily toll shows how common these crashes are. On average in 2024, alcohol-related crashes killed 1 person, injured 12 people, and occurred 18 times every day across Virginia. Virginia law provides injured victims with specific legal tools to hold impaired drivers accountable.
Key Takeaway: Alcohol-related crashes injure and kill people in Virginia every day. State law treats impaired driving as more than ordinary negligence, which affects the damages an injured victim may pursue.
What Should You Do at the Scene of the Crash?
If you can call the police yourself, do so immediately.
If you can move around safely, document what you can before you leave the scene. The following details often make the difference between a strong claim and a weak one:
- Photos and video of the vehicles, damage, road conditions, skid marks, and any visible injuries For a clearer explanation of how fault arguments can affect recovery, see Virginia’s 1% contributory-negligence rule.
- Names and phone numbers of any witnesses who saw the driver’s behavior
- The responding officer’s name, badge number, and the police report number
- The other driver’s name, license number, insurance information, and license plate
Police reports play a vital role in your drunk driving liability claim. These reports include results from roadside sobriety tests and the officer’s observations of impairment. Actual blood-alcohol content (BAC) testing is done in a police station or a hospital. It will then be recorded in a document called the Certificate of Analysis. This information can make you eligible for punitive damages.
Key Takeaway: Document everything you can at the scene. The responding officer’s observations and the BAC results often become central evidence when you file your claim.
What Happens If the Drunk Driver Flees the Scene?
Under Virginia Code § 46.2-894, any driver involved in a crash that results in injury, death, or property damage must immediately stop. The law requires drivers to share their name, address, driver’s license number, and vehicle registration with law enforcement and the parties involved, as well as render reasonable assistance to anyone injured. A driver who leaves without fulfilling these duties commits a hit-and-run.
The criminal charges and civil legal impacts depend on the severity of the crash:
| Crash Circumstances | Criminal Charge | Potential Consequences |
| Property damage of $1,000 or less (no injuries) | Class 1 Misdemeanor | Up to 12 months in jail and up to a $2,500 fine |
| Property damage exceeding $1,000 | Class 5 Felony | 1 to 10 years in prison (or up to 12 months in jail) and up to a $2,500 fine |
| Crash results in injury or death | Class 5 Felony | 1 to 10 years in prison, up to a $2,500 fine, and eligibility for statutory punitive damages under Va. Code § 8.01-44.5:1 |
Even if a fleeing driver is never identified, your own uninsured motorist (UM) coverage can provide financial compensation. Prompt police reporting and scene documentation are essential in hit-and-run cases to establish that an unidentified vehicle caused the crash.
Can You Recover Punitive Damages in Virginia?
Yes. In Virginia, a jury can award punitive damages in a personal injury or wrongful death case when the driver’s conduct went beyond ordinary carelessness and showed a serious disregard for the safety of others.
In drunk driving cases, Virginia Code § 8.01-44.5 allows injured people to seek punitive damages if the driver’s blood alcohol content (BAC) was 0.15 percent or higher. You can also seek them if the driver refused BAC testing without a good reason and there was clear evidence that the driver was intoxicated. The law also helps when the BAC test happens after the crash. In many cases, a later test result can be used to show that the driver’s BAC at the time of the crash was at least that high.
Virginia also has a new separate rule for certain hit-and-run crashes. Under Virginia Code § 8.01-44.5:1, effective July 1, 2026, you can seek punitive damages if the driver’s conduct qualifies as felony hit-and-run under Virginia Code § 46.2-894.
This matters because some impaired drivers leave the scene to avoid a DUI arrest or avoid alcohol testing. If that happens, the fact that BAC testing was not completed at the scene does not automatically end your claim for punitive damages. If the crash caused injury, death, or enough property damage to qualify as felony hit-and-run, you still have a direct legal basis to ask for punitive damages.
Car Accident Attorney in Roanoke, Fishwick & Associates PLC
John P. Fishwick Jr., Esq.
John P. Fishwick Jr. is a Roanoke native who earned his B.A. from Harvard University and his J.D. cum laude from Washington and Lee University School of Law. He is admitted to practice before the Supreme Court of Virginia and the U.S. Supreme Court, and served as the U.S. Attorney for the Western District of Virginia from 2015 to 2017. His background in law enforcement procedures and criminal evidence helps him review police reports, BAC test results, and related DUI prosecutions to identify issues relevant to a personal injury case.
He handles personal injury and wrongful death cases throughout Virginia, including drunk driving and hit-and-run crashes. He has been selected to Virginia Super Lawyers and Best Lawyers in America, and was named a Martindale-Hubbell Client Champion in 2025. He assists crash victims with insurance negotiations, liability evaluations, and claims for statutory punitive damages.
Should You Accept the Insurer’s First Settlement Offer?
It can be tempting to settle your claim with the other driver’s insurance company right away and put the whole ordeal behind you. But a quick settlement may not fully compensate you for your injuries. Insurance claim adjusters typically don’t start negotiations with a high settlement offer, and you may not yet understand the extent of your injuries.
Injuries, especially spine injuries and traumatic brain injuries (TBIs), can take time to develop and treat. Waiting to settle will give you a more realistic picture of the damages you’re owed, including your need for future medical treatment. For more context on conditions that may require continuing care, review cervical and spinal injuries after a crash.
Who Else Might Be Liable for the Crash?
Depending on the facts of the crash and the parties involved, a drunk driving accident can lead to more than one liability claim. The impaired driver is often the primary defendant because they drove while under the influence. However, if the driver was working at the time of the crash, the driver’s employer can also be responsible under certain circumstances.
Virginia does not allow claims against a bar, restaurant, or other alcohol-serving business for serving alcohol to the driver. The state does not recognize dram shop liability against businesses that sell alcohol, even when the person later causes a drunk driving crash.
Key Takeaway: More than one party may share liability for a drunk driving crash, which can open up additional sources of compensation beyond the driver alone.
What If the Drunk Driver Had No Insurance?
Drunk drivers are often uninsured, underinsured, or missing on the scene, which can leave victims wondering how they will be paid. In Virginia, your own uninsured and underinsured motorist (UM/UIM) coverage can cover your losses if these types of situations occur. This coverage is built into standard auto policies and steps in when the at-fault driver cannot fully cover your losses.
UM/UIM coverage applies when the driver had no insurance, carried too little insurance to pay your damages, or fled and was never identified. Because these claims are made against your own insurer, the company can still aggressively negotiate your claims.
Key Takeaway: Your own UM/UIM coverage may be your best source of recovery if the drunk driver is uninsured, underinsured, or flees the scene.
How Long Do You Have to File a Claim in Virginia?
Under Virginia Code § 8.01-243, most personal injury claims must be filed within two years of the date of the crash. If you miss the filing deadline, a court will dismiss your case no matter how strong it is.
Two years may seem like enough time, but it can pass quickly while you are focused on medical care, missed work, and recovery. Vehicle damage can be repaired, witness memories can fade, and surveillance footage may be deleted within days or weeks. Speaking with a lawyer early gives you more time to preserve evidence, identify every possible claim, and file your case before the deadline passes.
Speak with a Roanoke Car Accident Attorney Today
After being hurt by a drunk driver, you are still facing medical treatment, time away from work, vehicle repairs, and insurance calls at the same time.
Attorney John P. Fishwick Jr. is a nationally recognized trial lawyer who represents injured people throughout Virginia, including drunk driving and car accident victims. We help secure time-sensitive evidence, such as BAC test reports, police footage, and crash data, while evaluating whether the driver’s conduct qualifies for punitive damages under Virginia law. We can also handle all insurance negotiations and identify applicable uninsured motorist (UM/UIM) coverage if the driver fled or lacks adequate insurance.
Call Fishwick & Associates PLC at (540) 345-5890 or visit our office at 30 Franklin Rd SW Ste 700, Roanoke, VA 24011 to request a free case evaluation. We serve accident victims in Roanoke and across Virginia. When phone use may be part of the facts, review our texting-and-driving crash guide.
Frequently Asked Questions about Drunk Driving Crashes in Virginia
Is a drunk driving claim different from a regular car accident claim in Virginia?
The basic process is similar, but a drunk driving crash can support punitive damages under Virginia Code § 8.01-44.5 when the driver’s BAC was 0.15 percent or higher, or the driver refused testing. Additionally, under Virginia Code § 8.01-44.5:1, punitive damages can also be pursued if the crash qualifies as a felony hit-and-run.
Does the drunk driver’s criminal case help my injury claim?
The driver’s criminal case can help your injury claim. A DUI conviction can support a punitive damages claim because it may help show the willful or wanton conduct required for that type of award. BAC results and police records from the criminal case can also help prove that the driver was impaired. However, your injury claim is separate from the criminal case, so you may still pursue compensation even if the driver is not convicted. For a closer look at records that can show a driver was not paying attention, review our distracted-driving accident guide.
What if the drunk driver fled the scene?
Report the crash to police right away and document everything you can. If the driver is never identified, your uninsured motorist coverage can still provide compensation, and fleeing does not erase your right to recover damages.
What if the drunk driver had no insurance or too little insurance?
Your own Uninsured/Underinsured Motorist (UM/UIM) coverage pays for your losses under Virginia Code § 38.2-2206. To support your claim, obtain the official police report to verify the driver’s insurance status, photograph the crash scene, and keep all medical bills to prove your total damages. Report the crash to your insurance company right away to create a UM/UIM claim.
How long do I have to file a claim after a drunk driving crash?
Virginia Code § 8.01-243 gives you two years from the date of the crash to file a personal injury lawsuit. That deadline matters because evidence can become harder to collect over time, and missing the filing deadline can cost you the right to sue.
