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Accomack County Drunk Driver Accident Attorney
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A crash caused by an impaired driver can upend a family overnight. In Accomack County, where the nearest specialist may be a long drive away and many jobs depend on physical work, the effects can be especially hard. The drunk driving accident attorneys at Williams DeLoatche, P.C. help injured people and grieving families hold the at-fault driver accountable.
Our Eastern Shore office is in Keller, in the middle of Accomack County, so we are close to the communities we serve.
Impaired Driving on Accomack County Roads
U.S. Route 13 runs the length of the county and carries local residents, commuters, trucks, and seasonal visitors. Many other roads are dark, two-lane routes connecting towns like Onancock, Parksley, and Chincoteague. On these roads, an impaired driver’s slow reaction time or drift across the center line can lead to devastating results.
Serious Injuries Caused by Drunk Drivers
Crashes involving impaired drivers often happen at speed and without braking. Common injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Fractures and crush injuries
- Internal bleeding
- Emotional trauma, including PTSD
What Our Attorneys Do for You
We take on the legal work so you can concentrate on healing:
- Obtain police reports and any BAC or refusal evidence
- Find witnesses and video
- Identify all available insurance coverage
- Calculate current and future losses
- Negotiate with insurers and file suit when necessary
Virginia Law and Your Civil Claim
Under Virginia Code § 18.2-266, drivers may be charged with DUI if their BAC is 0.08% or higher or if alcohol or drugs impair their driving. Stricter limits apply to commercial drivers and drivers under 21.
The criminal case and your civil claim are separate. A conviction can be helpful evidence, but it is not required for you to pursue compensation.
Punitive Damages
In some cases, Virginia allows punitive damages against drunk drivers. Virginia Code § 8.01-44.5 covers certain cases involving a BAC of 0.15% or higher, along with other requirements, and certain unreasonable test refusals. We can review whether the law may apply in your case.
Who Can Be Held Responsible?
The impaired driver is usually primarily responsible. Others may share responsibility in some circumstances, such as an employer whose employee was driving for work or a vehicle owner who knowingly lent a car to an impaired driver. Virginia does not have a dram shop law, so bars and restaurants are generally not liable simply for overserving someone.
Steps to Take After a Crash
- Call 911 and report suspected impairment
- Get medical care right away
- Take photos if you can do so safely
- Collect witness information
- Avoid discussing fault
- Talk to a lawyer before giving an insurance statement
Damages You May Recover
- Medical expenses, including future care
- Lost wages and lost earning capacity
- Pain and suffering
- Property damage
- Punitive damages, when allowed
- Wrongful death damages for surviving family members
Filing Deadlines
Most Virginia personal injury suits must be filed within two years under Virginia Code § 8.01-243. Wrongful death claims generally must be filed within two years of the death under § 8.01-244.
Why Choose Williams DeLoatche, P.C.
Our firm has served Virginians for more than a century. We offer free consultations, direct access to your attorney, and contingency fees, so you pay no attorney’s fee unless we recover compensation for you.
When the Criminal Case Moves Forward
If the driver who hit you is charged, the case will usually be prosecuted by the Accomack County Commonwealth’s Attorney. You may be contacted by a victim-witness program and may have the right to be informed about court dates. The criminal court may order restitution for some losses, but restitution rarely covers everything, especially future medical care and pain and suffering. Your civil claim is the main way to seek full compensation.
Low Insurance Limits
Drivers who choose to drink and drive often carry only minimum insurance. When injuries are serious, that coverage may not be enough. Your own underinsured motorist coverage, along with coverage on other vehicles in your household, may provide additional protection. We review each policy so no possible source of recovery is overlooked.
Speak With an Accomack County Drunk Driving Accident Lawyer
Call 757-787-8900 or contact us online. You can also visit our office at 18249 First Street, Keller, VA 23401.