If you were injured by a drunk driver in Roanoke, you have the right to pursue civil compensation for your medical bills, lost wages, and other damages. This civil claim is handled separately from any criminal charges the driver may face. Drunk driving accidents in Roanoke remain a persistent issue on local roads like Route 220, Williamson Road, and Peters Creek Road. According to statistics gathered by the Virginia Department of Motor Vehicles, there were 318 alcohol-related traffic fatalities across the Commonwealth in 2024. On average, nearly one person is killed, and 12 are injured in alcohol-related crashes every single day.
Attorney John P. Fishwick Jr. and the team at Fishwick & Associates PLC represent injured Virginians in serious car accident and wrongful death cases. As a former United States Attorney for the Western District of Virginia, John P. Fishwick Jr. has handled high-stakes litigation on both sides of the courtroom. Our Roanoke car accident attorneys work to hold impaired drivers accountable and recover the compensation you deserve.
This guide explains how Virginia defines drunk driving, why these cases differ from other car accident claims, what compensation is available, who can be held liable, how fault is proven, common mistakes to avoid, and how we build a case on your behalf. Call Fishwick & Associates PLC at (540) 345-5890 for a free consultation.
Get a Straight Answer About Your Case
Clear Guidance From A Team That Knows How To Win
A.W.
A.W.
“These guys were amazing. They pursued my case for over a year – until they finally got us a settlement. I never had to pay a penny out of pocket…”
R.B.
R.B.
“I had an excellent experience working with Attorney Carrol Ching and everyone else at Fishwck and Associates. The team was very supportive and welcoming…”
S.M.
S.M.
“John, Amy, and Daniel were some of the most helpful people I have ever met. It was a pleasure working with them to solve my case, and highly recommend anyone…”
Talk to John's Team Today
A Legal Team That Tells You What Matters Most
A drunk driving accident is different from an ordinary traffic collision because the driver committed a crime by operating a vehicle while impaired. This creates strong, immediate proof of fault. In an ordinary accident, insurance companies often argue about who caused the collision. In a DUI case, police reports and blood alcohol tests make the driver’s negligence clear from the beginning.
The criminal aspect also changes the value of the claim. It may open the door to punitive damages, which is a special type of compensation meant to punish the driver. Courts rarely allow these damages in standard accident cases. Later on, a criminal DUI conviction can serve as direct proof in your civil lawsuit that the driver acted recklessly.
Your civil lawsuit is completely separate from the criminal DUI case. The Commonwealth files criminal charges to punish the driver, while you file a civil claim to get paid for your injuries. You can secure compensation even if the driver beats their criminal charges because civil cases require a lower standard of proof.
Yes. Under Virginia Code § 8.01-44.5, you can pursue punitive damages if the drunk driver had a blood alcohol concentration of 0.15 percent or higher. These damages are designed to punish the driver for their reckless behavior. Virginia caps total punitive damages at $350,000 under Virginia Code § 8.01-38.1. Unlike standard car accident cases, this provides an additional path for compensation to ensure you have the financial support you need to recover and move forward.
J.G.
J.G.
“Mr. Fishwick and his team will use everything at their disposal to fight for your rights. Not only is everyone professional and focused at the office, they are very kind…”
K.G.
K.G.
“I can’t say enough good things about this law firm and the people who work here. John and his associates were nothing but helpful from the moment I walked …”
M.M.
M.M.
“When my partner and I were hit by a semi-truck, we weren’t sure who to turn to or what to do. Daniel, John, Amy, and their whole team were exceptional throughout…”
Virginia defines drunk driving under Virginia Code § 18.2-266, which makes it unlawful to drive with a blood alcohol concentration of 0.08 percent or higher. The law also covers driving while impaired by alcohol, narcotics, prescription medication, or any combination of these substances. Impairment below 0.08 percent can still support a civil claim, because even a small amount of alcohol can reduce judgment and reaction time.
For adult motorists, the state sets the criminal threshold at a BAC of 0.08 percent. However, drivers under 21 face a strict 0.02 percent limit under Virginia Code § 18.2-266.1, and commercial drivers face a 0.04 percent standard. These limits dictate criminal charges, but remember that lower levels of impairment can still establish fault in a civil lawsuit.
Yes. Virginia’s DUI statute explicitly covers narcotic drugs, prescription medications, and the combined influence of alcohol and drugs. If a drugged driver caused your crash, you have the same legal rights as someone hit by a drunk driver.
Key Takeaway: Virginia law defines impaired driving broadly. It covers alcohol, illegal drugs, prescription medications, and combinations of both, so you may have a claim even if the driver’s BAC was under 0.08 percent.
Call (540) 345-5890 if you are unsure whether the driver who hit you was legally impaired. An attorney can review the facts of your case at no cost and help you understand your options.
You can recover compensation for both your financial losses and the personal toll of your injuries. In Virginia, damages in a drunk driving claim fall into three categories.
Economic damages cover measurable financial losses. Medical records, billing statements, and pay stubs help prove the full scope of these costs.
Non-economic damages compensate for harm that does not come with a receipt. Virginia does not cap non-economic damages in standard personal injury claims, meaning severe injuries can support substantial recovery.
If a driver causes a crash with a BAC of 0.15 percent or more, you may qualify for this additional category of compensation. While the state limits this specific award to $350,000, simply having grounds to claim it often forces insurance companies to negotiate more fairly.
Call Fishwick & Associates PLC at (540) 345-5890 to identify every category of damages that applies to your case. We offer free consultations with no obligation.
E.P.
E.P.
“After my accident I called around to different law firms only to be told they wouldn’t be able to help me “because I didn’t have broken bones. I came…”
B.R.
B.R.
“My brother and I really appreciate the work that Fishwick & Associates did for us on our Mothers’ “Wrongful Death” suit. Everybody was so kind, generous, and helpful…”
E.I.
E.I.
“I truly cannot express how wonderful of an experience I had working with Fishwick and Associates. Daniel Martin is fierce and did an outstanding job with my case…”
Start With a Free Conversation
A Simple First Step Toward Protecting Your Rights
In a Roanoke drunk driving case, the driver is not always the only party at fault. Depending on the facts, other parties like a vehicle owner may share responsibility.
The drunk driver is the primary party responsible for your injuries. A high BAC or a prior DUI conviction can strengthen your case by showing the driver knew the risk and chose to drive anyway.
Unlike many places, Virginia does not recognize dram shop liability. The Virginia Supreme Court has ruled that a business that serves alcohol to an intoxicated person is not civilly liable for the injuries that person later causes in a crash. Your claim will focus heavily on the impaired driver, though we still investigate every detail of your case to find all valid sources of compensation.
A vehicle owner may share liability through negligent entrustment when someone lends a car to a driver they knew, or should have known, was impaired or had a history of DUI. This may matter most when the owner carries better insurance than the driver.
Key Takeaway: Liability in a drunk driving case usually focuses on the driver. However, vehicle owners can sometimes be held responsible under Virginia law through negligent entrustment. Our Roanoke car accident attorneys investigate every potential source of recovery.
Call (540) 345-5890 for a free case evaluation. Our team can quickly identify all parties who may share liability for your injuries.
John P. Fishwick Jr. is a nationally recognized trial lawyer and a Roanoke native who represents individuals throughout Virginia in high-stakes civil and criminal matters. From 2015 to 2017, he served as the United States Attorney for the Western District of Virginia after being appointed by President Obama and unanimously confirmed by the U.S. Senate. Having led trials and facilitated litigation in that capacity across the district, he understands how to build, present, and challenge evidence, including the kind that decides a drunk driving case. He has handled personal injury and wrongful death cases and appears regularly as a legal analyst for outlets such as The New York Times, The Wall Street Journal, and The Washington Post.
Our approach to drunk driving accident cases starts with thorough investigation and early evidence preservation. We pursue every liable party, from the impaired driver to a negligent vehicle owner, and we prepare each case for trial when an insurer refuses to pay what a client deserves. John P. Fishwick Jr. and our team serve injured clients throughout Roanoke and the surrounding Roanoke Valley.
T.H.
T.H.
“I’m so happy that this legal team won my case. Mr. Fishwick, Mr. Daniel Martin, and Amy did an excellent job! I was constantly getting updates on my case which really helped….”
M.C.
M.C.
“Without any hesitation I can highly recommend John Fishwick along with his highly talented and dedicated legal team at Fishwick & Associates. They utilize everyday...”
M.D.
M.D.
“My wife, daughter and toddler grandchildren were involved in a very bad automobile accident, and John Fishwick and his team have been most responsive...”
You prove fault in a Roanoke DUI crash by gathering and preserving strong evidence, including the police report, chemical test results, field sobriety observations, witness statements, video footage, and, when needed, accident reconstruction. Acting quickly to secure this evidence is critical, because some records disappear within days of a crash.
The police report often contains the BAC reading, field sobriety test notes, and any citations issued.
Call Fishwick & Associates PLC at (540) 345-5890 so we can begin preserving evidence in your case right away. Early action protects evidence that may otherwise be lost.
Learn More
The most common mistakes after a drunk driving crash can quietly weaken an otherwise strong claim. Watch for these errors in the days after a crash:
Under Virginia Code § 8.01-243, most personal injury claims must be filed within two years of the accident date. Wrongful death claims also carry a two-year limit under Virginia Code § 8.01-244, but that timeline begins on the date of the victim’s death. Missing either deadline bars recovery entirely.
Key Takeaway: Virginia’s two-year statute of limitations means time matters from the day of your crash. Missing that window can permanently end your right to compensation, so contact a Roanoke car accident attorney as soon as possible.
Virginia uses an at-fault insurance system, which means the drunk driver’s liability insurance pays first. Even though Virginia recently increased its minimum liability limits in 2025, those minimums are still often too low to cover a serious injury, so other coverage may need to fill the gap.
If the drunk driver has no insurance or not enough, you may turn to your own uninsured and underinsured motorist (UM/UIM) coverage. Reviewing your own policy is essential after a serious crash, as it can reveal coverage you did not realize you had.
Even when fault is clear, insurers still dispute the value of a claim. They may question the severity of your injuries, argue that treatment was unnecessary, or offer a quick lowball settlement.
Call (540) 345-5890. Our Roanoke car accident attorneys know how Virginia insurance companies operate and work to get you what you are owed.
Drunk driving victims often suffer severe injuries because impaired drivers frequently fail to brake before impact. These higher speed collisions can cause traumatic brain injury, spinal cord damage, broken bones, internal organ injury, and serious soft tissue harm.
Catastrophic injuries like traumatic brain injury, spinal cord damage, and amputation can require lifetime medical care. Any settlement demand should include future medical costs and lost earning capacity, because leaving these out can leave a victim without the support they need years later.
When a drunk driving crash kills a family member, Virginia’s Wrongful Death Act under Virginia Code § 8.01-50 allows surviving family to seek compensation for funeral costs, lost financial support, and the family’s grief and loss of companionship. These claims carry a two-year filing deadline.
Key Takeaway: Because impaired drivers lack the reflexes to slow down, these collisions happen at high speeds and frequently cause catastrophic or fatal injuries. Compensation must account for long-term care, lost income, and the full human cost of the crash.
If your family lost someone to a drunk driver in Roanoke, call Fishwick & Associates PLC at (540) 345-5890 to discuss a wrongful death claim.
Virginia’s DUI penalties under Virginia Code § 18.2-270 are among the toughest in the country. While the criminal prosecution and your civil injury claim are separate, what happens in criminal court directly impacts your case.
| Offense | Classification | Key Penalties |
|---|---|---|
| First offense | Class 1 misdemeanor | One-year license suspension, mandatory ignition interlock, mandatory minimum fine ($250) |
| Second offense (within 5 years) | Class 1 misdemeanor | 20 days mandatory jail, three-year license suspension, mandatory minimum fine ($500) |
| Third offense / serious injury or death | Felony | Potential prison time and long-term license loss |
Under Virginia Code § 8.01-418, if the driver pleads guilty to DUI, that plea can be used as direct evidence against them in your civil lawsuit. If the driver chooses to fight the charges in criminal court, the civil court will rely on the evidence gathered during their arrest. The breathalyzer results, field sobriety tests, and police officer testimony will all be used to prove the driver acted wrongfully and owes you compensation.
A DUI conviction does not automatically resolve your civil claim. You still need to prove your damages and fight for fair compensation. Call (540) 345-5890.
The timeline varies based on injury severity and whether the case settles or goes to trial. Many cases resolve in months, while cases involving catastrophic injuries or difficult legal disputes can take one to two years or longer.
| Stage | What Happens |
|---|---|
| Immediate steps | Medical treatment, police report, attorney consultation |
| Investigation | Evidence gathering, medical records, liability review |
| Demand and negotiation | Demand letter sent, insurer responds, settlement talks |
| Litigation | Lawsuit filed if no fair settlement is reached |
| Trial | Case presented to a judge or jury if settlement fails |
We represent injured clients throughout Roanoke and the surrounding Roanoke Valley. Our office on Franklin Road SW serves victims of drunk driving crashes on local roads including Route 220, Williamson Road, and Peters Creek Road, as well as the wider region.
A serious crash leaves real consequences: medical bills, lost income, and a long recovery. Virginia’s two-year statute of limitations makes acting now important, and the drunk driver’s insurance company already has attorneys working to limit what it pays.
When you call Fishwick & Associates PLC, you get a free consultation and no upfront fees. John P. Fishwick Jr. and our team manage every part of the case, from preserving evidence to negotiating with insurers to presenting your case at trial.
Call (540) 345-5890 or contact us online today. Our office is located at 30 Franklin Rd SW Ste 700, Roanoke, VA 24011.
Yes. A civil claim uses a “preponderance of the evidence” standard, which is much lower than the criminal “beyond a reasonable doubt” standard. You can win a civil case for compensation even if the driver was acquitted or the criminal charges were dropped.
Value depends on injury severity, medical costs, lost income, and whether punitive damages apply. Cases involving catastrophic injuries or a driver with a BAC of 0.15 percent or higher can result in significantly higher recoveries. A case review is the best way to estimate your specific claim.
Call 911 and seek medical treatment right away, even if you feel okay, because some injuries appear later.
Not always. Virginia follows a strict contributory negligence rule, which normally stops you from getting money if you are even slightly at fault. However, there is a major exception for drunk driving. If a driver’s conduct is “willful and wanton”, such as driving with a blood alcohol concentration of 0.15 percent or higher, your ordinary negligence cannot be used to bar your claim. Even so, insurance companies may leverage information to shift fault onto the injured party, which is why it helps to have an experienced attorney protecting your rights.
In most situations, you have a two-year window from the crash date to file a lawsuit. The same time frame applies if you are filing a wrongful death claim for a lost family member. If you miss this cutoff, you will likely lose your chance to seek financial recovery.
No. Because the state does not have dram shop laws, a vendor that sells or serves alcohol to a patron cannot be held legally responsible if that patron later causes a collision. Instead, your attorney will pursue the impaired driver directly and investigate if someone else, such as the owner of the vehicle, shares the blame.
