Norfolk Drunk Driving Accident Attorneys
Hit by a Drunk Driver? We Fight for Maximum Compensation
Drunk drivers make a conscious choice to put everyone on the road at risk. If you or a loved one was injured by an intoxicated driver in Norfolk or anywhere in Virginia, you deserve full compensation for your medical bills, lost wages, pain and suffering, and other damages.
At Kalfus & Nachman PC, we've fought for Virginia injury victims since 1979 and recovered millions in compensationāincluding a $10.9 million traumatic brain injury settlement and $7 million auto accident settlement. We hold drunk drivers accountable and fight aggressively against insurance companies that try to minimize your claim.
Call (855) 880-8163 24/7 for a free consultation. You pay nothing unless we win. Se habla espaƱol.
Why Drunk Driving Victims Choose Kalfus & Nachman PC
45+ Years of Proven Results - Since 1979, we've recovered millions for Virginia car accident victims, including cases involving drunk drivers.
Financial Resources to Fight - We front all litigation costs and expert fees. This means we can:
- Obtain police reports and toxicology results
- Subpoena bar/restaurant records if overserving occurred
- Hire accident reconstruction experts
- Retain medical specialists who testify about injury severity
- Take cases to trial when insurance won't pay fair value
Track Record of Success - Video testimonial of a client hit by a drunk driver:
4.7-Star Rating from 900+ Clients on Elite Litagators - Voted "Best of Norfolk" for personal injury law.
Statewide Representation - Offices in Norfolk, Virginia Beach, Newport News, and Roanoke.
Virginia's Drunk Driving Laws
Understanding Virginia's DUI/DWI laws is important because they strengthen your civil case:
Blood Alcohol Concentration (BAC) Limits:
- Standard drivers: 0.08% or higher is per se intoxication
- Commercial drivers: 0.04% or higher
- Drivers under 21: 0.02% or higher (zero-tolerance policy)
Important: Even if a driver's BAC is below the legal limit, they can still be charged with DUI if their ability to drive safely is impaired by alcohol, drugs, or a combination.
Criminal Penalties:
Drunk drivers in Virginia face serious criminal consequences:
- Jail time
- Heavy fines
- License suspension or revocation
- Ignition interlock device requirements
- Probation
- Mandatory alcohol education programs
Civil Liability:
In addition to criminal penalties, drunk drivers face civil lawsuits when they cause accidents. This is where we come in. Even if the driver is not criminally convicted, we can still pursue your personal injury claim and recover compensation for your damages.
Can You Sue a Drunk Driver in Virginia?
Yes. If a drunk driver hit you, you have grounds for a personal injury lawsuit regardless of whether they're criminally convicted of DUI.
What You Must Prove:
To win your case, we must establish four elements:
- Duty of Care - All drivers have a legal duty to operate vehicles safely and follow traffic laws
- Breach of Duty - Driving while intoxicated violates Virginia law and breaches this duty
- Causation - The drunk driver's actions directly caused the accident
- Damages - You suffered injuries and losses as a result
The drunk driver's violation of Virginia's DUI laws establishes the breach of duty automatically. This makes drunk driving cases particularly strongāthe driver was breaking the law, period.
What About Virginia's Contributory Negligence Rule?
Virginia follows one of the strictest fault rules in the nation, using contributory negligence: if you're found even 1% at fault, you may be barred from recovery.
Insurance companies will aggressively try to shift even partial blame to you to avoid paying. We counter these tactics by:
- Gathering all available evidence proving the drunk driver's sole fault
- Obtaining toxicology reports and police records
- Interviewing witnesses who saw the driver's behavior
- Working with experts who demonstrate how intoxication caused the crash
Additional Claims: Dram Shop & Social Host Liability
In some cases, you may be able to sue more than just the drunk driver. Virginia law allows claims against:
Bars, Restaurants, or Stores (Dram Shop Claims)
If a commercial establishment illegally served alcohol to:
- A visibly intoxicated person, or
- A minor (under 21)
And that person then caused your accident, the establishment may be held liable. We investigate whether:
- The driver was overserved at a bar or restaurant
- A store sold alcohol to a minor
- Receipts or witnesses prove illegal service
Social Hosts
If someone hosted a party and knowingly provided alcohol to a minor who then drove drunk and caused your accident, the host may be liable.
These additional defendants often have larger insurance policies than individual drivers, which can significantly increase available compensation. Our 45 years of experience means we know to investigate all potential sources of recovery.
Compensation Available in Drunk Driving Cases
We fight to recover full compensation for:
Economic Damages:
- Medical expenses (emergency care, surgery, hospitalization, rehabilitation, future treatment)
- Lost wages and reduced earning capacity
- Property damage (vehicle repair/replacement)
- Out-of-pocket costs
Non-Economic Damages:
- Pain and suffering
- Emotional distress and trauma
- Loss of quality of life
- Scarring and disfigurement
- Loss of companionship (for family members)
Punitive Damages: In cases involving extreme recklessness (such as very high BAC levels or repeat DUI offenders), Virginia courts may award punitive damages designed to punish the drunk driver and deter others. These damages are in addition to compensatory damages and can significantly increase your total recovery.
Wrongful Death: If a drunk driver killed your loved one, we pursue:
- Funeral and burial expenses
- Lost income and financial support
- Loss of companionship and guidance
- Pain and suffering endured before death
Why Insurance Companies Fight Drunk Driving Claims
You'd think insurance companies would quickly settle drunk driving casesāafter all, their insured broke the law and injured someone. But insurance companies care only about their bottom line.
Common tactics they use:
- Minimizing intoxication's role - Claiming something else caused the accident
- Challenging BAC test results - Arguing the test was flawed or inadmissible
- Blaming you - Using Virginia's contributory negligence rule to claim you were partially at fault
- Downplaying injuries - Suggesting your injuries aren't as severe as claimed
- Delaying until you're desperate - Hoping you'll accept a lowball offer to pay bills
We've fought these tactics for over 45 years. Insurance companies know we have the financial resources to take cases to trial, which gives our clients significant leverage in negotiations.
What to Do After Being Hit by a Drunk Driver
If you're injured by a drunk driver:
- Call 911 immediately - Police will conduct sobriety tests and document everything
- Request the officer test the driver for intoxication - Make sure this is documented in the police report
- Seek immediate medical attention - Even if you feel okay; some injuries appear later
- Document everything - Take photos of the scene, vehicles, and your injuries
- Get witness information - Anyone who saw the driver's behavior before or after the crash
- Obtain the police report - This will contain critical evidence about the driver's intoxication
- Do NOT speak to insurance adjusters - They will use your words against you
- Contact Kalfus & Nachman PC immediately - We'll protect your rights from day one
Do not accept early settlement offers. Insurance companies often pressure victims into quick settlements before the full extent of injuries is known. These offers are almost always far less than your claim is worth.
How We Handle Your Drunk Driving Accident Case
When you hire Kalfus & Nachman PC, we immediately:
Investigate Thoroughly:
- Obtain police reports, toxicology results, and body cam footage
- Interview witnesses and first responders
- Subpoena bar/restaurant records if overserving occurred
- Gather evidence of the driver's behavior before the crash
Build a Strong Case:
- Work with accident reconstruction experts
- Consult medical specialists who testify about injury severity and future needs
- Calculate full damages including future medical costs and lost earning capacity
- Document all ways the accident has impacted your life
Fight for Maximum Compensation:
- Handle all communication with insurance companies
- Counter tactics designed to minimize your claim
- Negotiate aggressively for fair settlements
- Take cases to trial when necessary
You focus on recovery. We handle everything else.
Client Testimonial
"Great Firm"
"From the moment you enter the Norfolk office and greeted by Ella, everyone is very attentive and professional. Colin was able to secure a sizeable settlement for my car accident with a drunk driver. Carmen and Lisa were very kind and followed up with the status of my case along the way. I would highly recommend the team at Kalfus & Nachman." - Patricia Taylor
Free Consultation - Available 24/7
Drunk drivers must be held accountable. If you or a loved one was injured by an intoxicated driver in Norfolk, Virginia Beach, Newport News, Roanoke, or anywhere in Virginia, contact Kalfus & Nachman PC today.
Call (855) 880-8163 now for a free consultation.
- Free case evaluation
- No fees unless we win
- 45+ years of experience
- Multi-million dollar results
- Available 24/7
- Se habla espaƱol
Don't let a drunk driver's reckless choice destroy your life. We fight for maximum compensation so you can focus on healing.
Contact us online or call (855) 880-8163 to speak with our Norfolk drunk driving accident attorneys.
How Is Kalfus & Nachman Different?
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You Will Pay No Fees Unless We Win Your Case
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We Have Recovered Millions of Dollars for Our Clients
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Our Attorneys Are Well-Equipped to Fight Insurance Companies
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We Have Successfully Handled Thousands of Cases Since 1979
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We are a Full-Service Firm with Multiple Locations
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Se Habla EspaƱol
We Mean Business
Read Our Recent Case results
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$10.9 Million Traumatic Brain Injury
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$10.5 Million Truck Accident
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$7 Million Auto Accident
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$5.147 Million Truck Accident
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$2.15 Million Premises Liability
Meet Our Team
Tell Them We Mean Business
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Paul R. Hernandez Attorney -
Thomas A. Fitzgerald, II Attorney -
Seth D. Scott Attorney -
Christopher I. Jacobs Attorney -
Michael J. Levens Attorney -
Colin P. O'Dawe Attorney -
Neal C. Schulwolf Attorney -
Deborah B. Vaughn Attorney -
Michael Sternberg Attorney -
Olivia T. Donahue Attorney -
Brian A. Thomasson Attorney -
Jeffry A. Sachs Attorney -
Gregory E. Camden Attorney -
Gregory L. Sandler, Esq. Attorney -
Massimo Morabito Attorney -
Elizabeth O'Conor Attorney -
William Nossen Attorney -
A.J. Kalfus of Counsel -
Stuart L. Nachman of Counsel -
Richard F. Aufenger, III of Counsel