What Should I Do If I’m Hit by a Drunk Driver on St. Patrick’s Day in Virginia?

St. Patrick’s Day is one of the most celebrated holidays of the year and one of the most dangerous nights to be on Virginia’s roads. Whether you were walking to your car, crossing the street, riding your bike, or driving home, being struck by a drunk driver can turn a festive evening into a life-altering moment. If that happened to you, here is exactly what you need to know.

Call 911 Immediately

The first thing you should do is call 911. Do not let the other driver talk you out of it, no matter what they say. A police report is one of the most critical pieces of evidence in your case. When officers arrive, they will conduct a sobriety investigation, administer field sobriety tests, and potentially arrest the at-fault driver. That arrest record becomes powerful evidence when you pursue compensation. Make sure you request a copy of the police report as soon as it becomes available.

Get Medical Attention, Even If You Feel Fine

Adrenaline masks pain. Injuries like internal bleeding, soft tissue damage, and concussions may not be obvious at the scene. Go to the emergency room or an urgent care center right away. Not only does this protect your health, but it also creates a documented medical record tying your injuries directly to the accident. Gaps in medical treatment are one of the first things insurance companies use to reduce or deny claims.

Document Everything You Can

If you are physically able, take photos of the scene, the vehicles, your visible injuries, road conditions, and any nearby businesses or traffic cameras that may have captured the accident. Collect contact information from any witnesses who stopped. Their statements can be invaluable, particularly in proving the driver’s intoxication and responsibility for what happened.

Understand What Virginia’s Drunk Driving Laws Mean for Your Case

In Virginia, it is illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. Put simply, BAC is the percentage of alcohol in a person’s bloodstream, and 0.08% is the legal threshold. However, a driver can still be charged with DUI even below that level if their behavior shows visible signs of impairment. For drivers under 21, the limit drops even further to 0.02%.

Here is why this matters for your situation. The drunk driver’s criminal case and your personal injury case are two completely separate legal matters. A DUI conviction or guilty plea in criminal court can significantly strengthen your injury claim, but you do not have to wait for that outcome to pursue compensation.

You May Be Entitled to More Than Just Your Losses

This is where drunk driving cases differ from most other injury cases in Virginia. 

Under state law, you may be entitled to what are called punitive damages, which is money awarded not to cover your bills or losses, but specifically to punish the driver for their dangerous decision. Think of it as the legal system sending a message that getting behind the wheel drunk will cost you far more than just a fine.

In Virginia, you may qualify for punitive damages if the drunk driver had a BAC of 0.15% or higher, which is nearly twice the legal limit, and knew or should have known they were too impaired to drive safely. These damages are capped at $350,000 and are awarded on top of everything else you are owed.

If the driver had prior DUI convictions, fled the scene, or showed extreme recklessness, your attorney may have additional grounds to pursue this type of compensation even if their BAC was under 0.15%.

What Can You Be Compensated For?

As an injury victim in Virginia, you can pursue compensation for current and future medical expenses, lost wages and reduced ability to earn income going forward, physical pain and emotional suffering, property damage, and in cases involving a death, funeral costs, loss of financial support, and loss of companionship.

A Very Important Virginia Rule You Need to Know

Virginia follows one of the strictest fault rules in the country. If you are found even 1% responsible for the accident, you could be legally barred from recovering anything at all. Insurance companies are very aware of this rule and will look for any reason to shift even a small amount of blame onto you, whether it was crossing outside a crosswalk, wearing dark clothing at night, or anything else they can point to. This is one of the most important reasons to have an attorney involved from the very beginning.

You Have Two Years to File, But Do Not Wait

In Virginia, you have two years from the date of the accident to file a personal injury lawsuit. While that may sound like plenty of time, evidence disappears quickly, witnesses forget details, and surveillance footage gets deleted. The sooner you take action, the stronger your case will be.

Do Not Speak to the Insurance Company Without an Attorney

The drunk driver’s insurance company may reach out to you within days of the accident and seem very cooperative and understanding. They are not on your side. Anything you say can be used to lower your payout. Do not give a recorded statement, do not accept any settlement offer, and do not sign anything before speaking with a personal injury attorney first.

Being hit by a drunk driver is traumatic, chaotic, and overwhelming. But the law is firmly on your side. Virginia specifically recognizes how serious drunk driving is and gives injured victims strong legal tools to hold reckless drivers fully accountable, including the right to pursue additional punishment-based compensation that goes beyond standard injury damages.

If you or someone you love was injured, contact a Virginia personal injury attorney as soon as possible. A consultation is free, and you deserve to know exactly what your case is worth.

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. Contact a licensed Virginia personal injury attorney to discuss the specifics of your situation.