What Can You Do if a Drunk Driver Hits You in Virginia?

 Posted on April 05, 2026 in Car & Truck Accidents

Being hit by a drunk driver is one of the most frustrating things an injury victim can go through. You did nothing wrong. You followed the rules. And yet you are the one dealing with medical bills, missed work, and a painful recovery.

If you were hurt by an impaired driver in 2026, you are not alone. Virginia law gives you the right to seek compensation, and a Manassas, VA drunk driving accident attorney can help you understand your options.

What Does Virginia Law Say About Drunk Driving and Liability?

In Virginia, it is illegal to drive with a blood alcohol content of 0.08 percent or higher under Virginia Code § 18.2-266. A driver who breaks this law and causes a crash can be held responsible for your injuries and losses. A DUI arrest or conviction is strong evidence in your personal injury case, even though the criminal and civil cases are handled separately.

Even if the driver is never charged or convicted, however, you may still be able to recover compensation through a civil lawsuit. The bar for proving your case in civil court is lower than in criminal court, so you do not need a criminal conviction to win.

Does Virginia Have a Dram Shop Law?

Virginia does not have a dram shop law. In most cases, alcohol vendors cannot be held responsible for injuries caused by someone they served. There are only very limited exceptions, and they rarely apply in injury cases. This means your claim will focus on the drunk driver and any other parties who played a role in the crash.

What if the Drunk Driver Does Not Have Enough Insurance?

Recovering compensation from a drunk driver is a problem for many victims of DUI accident injuries. A driver who is impaired enough to cause a serious crash may not have adequate car insurance, or any insurance at all. If that happens, your own uninsured motorist (UM) or underinsured motorist (UIM) coverage may be your best option. 

UM coverage pays for your losses when the at-fault driver has no insurance. UIM coverage kicks in when the driver has some insurance, but not enough to cover what you lost. Virginia law requires insurers to offer both types of coverage. 

What Can You Be Paid for After a Drunk Driving Crash in Virginia?

Virginia law allows injury victims to seek two types of compensation. The first covers your direct financial losses, such as:

• Medical bills, including future care you may need

• Lost wages if your injuries kept you out of work

• Loss of future earnings if your injuries affect your ability to work long-term

The second type covers losses that are harder to put a number on, such as physical pain, emotional distress, and the ways the crash has changed your daily life. In cases where a driver was far over the legal limit or had prior DUI convictions, you may also be able to seek punitive damages. This is money the court can award specifically to punish someone for especially reckless behavior.

How Does Virginia’s Fault Rule Affect Your Case?

Virginia follows a strict rule called "contributory negligence." This means that if you are even slightly at fault for the crash, you may not recover damages. This rule comes from Virginia case law and negligence statutes, including Virginia Code § 8.01-34. Insurance companies know this rule well and will look for any reason to shift some of the blame onto you. Having an attorney on your side from the beginning is one of the best ways to protect yourself against that tactic. 

Schedule a Free Consultation with a Prince Williams County, VA Drunk Driving Accident Attorney

If you or someone you love was hurt by an impaired driver, you deserve a legal team that is ready to fight for everything you are owed. At Parthemos, Curran, Buelow and Polizzi, PLLC, our attorneys bring more than 120 years of combined experience to personal injury cases, including drunk driving crashes that other firms will not take on. We take an aggressive, personal approach to every case we accept, and we will not take your case unless we are prepared to go to court for you. 

We also stay in close contact with our clients and follow up every step of the way. Call 540-662-4222 today to schedule a free consultation with a Manassas VA, drunk driving accident lawyer.