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New Church Drunk Driver Accident Attorney
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A drunk driver’s decision can change your life in a moment. If you were hit on Route 13 or on a back road near New Church, you may now be dealing with an injury you did nothing to cause, along with mounting bills and time away from work. The criminal case against the driver will not pay for those losses. A civil claim may help.
The Virginia drunk driving accident attorneys at Williams DeLoatche, P.C. represent injured people and families from our Keller office, which serves New Church and all of Accomack County. We pursue compensation while you focus on healing.
Drunk Driving Crashes Near New Church
New Church sits near the top of Virginia’s Eastern Shore, close to the Maryland line, with U.S. Route 13 running through the community and Chincoteague Road nearby. Long stretches of highway leave little margin when a driver is impaired. Because the area sees both local and interstate traffic, a claim may involve an out-of-state driver or insurer, which can make the insurance process more confusing.
Injuries Caused by Impaired Drivers
Impaired drivers react slowly, misjudge distance, and may never brake at all. That can lead to serious injuries, such as:
- Concussions and traumatic brain injuries
- Spinal cord injuries, including paralysis
- Broken bones and internal injuries
- Anxiety, PTSD, and a fear of getting back behind the wheel
Recovery may involve surgery, therapy, and long periods away from work. On the Shore, it may also mean many long trips to see specialists.
How Our Attorneys Can Help
After a crash, you should not have to manage the claim while you are trying to recover. Our team can:
- Investigate the collision and obtain the police report, witness statements, and available BAC evidence
- Handle communications with insurers
- Document your medical bills, lost income, property damage, and long-term needs
- Negotiate, and file a lawsuit when an insurer refuses to act fairly
What Virginia DUI Law Means for Victims
Under Virginia Code § 18.2-266, a person may be charged with DUI for driving with a BAC of 0.08% or more, or while impaired by alcohol, drugs, or a combination of both. Lower limits apply to commercial drivers and to drivers under 21.
Your Civil Claim Is Separate From the Criminal Case
The prosecutor handles the criminal charge. Your civil claim is about your losses. You do not need a DUI conviction to bring a civil claim, although a conviction or BAC result can be useful evidence. Even if the driver refused a breath test, we can look to officer observations, witnesses, video, and other proof.
Punitive Damages May Be Available
Virginia law allows a jury to consider punitive damages in some drunk driving cases. Virginia Code § 8.01-44.5 addresses cases involving a BAC of 0.15% or higher, along with other requirements. It also addresses certain unreasonable test refusals. These damages are not automatic, but they are designed to punish especially dangerous conduct. An attorney can tell you whether they may apply.
Who May Be Responsible?
The impaired driver is usually the main responsible party. Depending on the facts, others may also share responsibility, such as:
- A vehicle owner who let a known impaired person drive
- An employer, if the driver was working at the time
- Another negligent driver who contributed to the crash
Virginia does not have a dram shop law, so a bar or restaurant is generally not liable just for overserving someone. That makes identifying all available insurance especially important, including any uninsured or underinsured motorist coverage on your own policy.
What to Do After a Crash
If you are able, take these steps:
- Call 911 and tell the dispatcher if you think the other driver is impaired
- Get medical care, even if your symptoms seem minor
- Take photos of the scene, vehicles, and injuries
- Write down what you noticed about the driver
- Get witness names and phone numbers
- Avoid discussing fault
- Talk with a lawyer before giving a statement to an insurance company
What Compensation Can You Seek?
Depending on your case, you may be able to pursue:
- Current and future medical expenses
- Lost wages and earning capacity
- Pain, suffering, and emotional distress
- Property damage
- Punitive damages, when allowed
- Wrongful death damages for surviving family members
How Long Do You Have to File?
Most Virginia injury lawsuits must be filed within two years under Virginia Code § 8.01-243. Families bringing a wrongful death claim generally have two years from the date of death under § 8.01-244. Missing a deadline can end your case, so speak with an attorney as soon as you can.
Why Choose Williams DeLoatche, P.C.
We have served Virginians for more than a century, and our Eastern Shore roots run deep. Our approach is simple: we listen during a free consultation, gather the facts, form a plan, and keep you informed. You pay no attorney’s fee unless we recover compensation for you.
Talk to a New Church Drunk Driving Accident Lawyer
If an impaired driver hurt you or someone you love, we are ready to listen. Call 757-787-8900 or contact us online for a free consultation.