Norfolk Drunk Driving Accident Attorneys

Why Choose Kalfus & Nachman PC?

Clients choose us because of our:

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 and restaurant records if overserving occurred
• Hire accident reconstruction experts
• Retain medical professionals who testify about injury severity
• Take cases to trial when insurance will not pay fair value

4.7-Star Rating from 900+ Clients on Elite Litigators: 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 seek compensation for your damages.

Can You Sue a Drunk Driver in Virginia?

Yes. If a drunk driver hits you, you may have grounds for a personal injury lawsuit regardless of whether they are criminally convicted of DUI.

What You Must Prove

To win your case, we must establish four elements:

1. Duty of Care - All drivers have a legal duty to operate vehicles safely and follow traffic laws
2. Breach of Duty - Driving while intoxicated violates Virginia law and breaches this duty
3. Causation - The drunk driver's actions directly caused the accident
4. 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 many drunk driving cases particularly strong—the 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 are 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 professionals who demonstrate how intoxication caused the crash

Dram Shop & Social Host Liability

In some cases, you may be able to sue more than just the drunk driver. Virginia law may allow 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 observed 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 decades of experience mean we know to investigate all potential sources of recovery.

What Compensation is 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 or 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 might think insurance companies would quickly settle drunk driving cases—after all, their insured broke the law and injured someone. However, insurance companies primarily focus on protecting 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 are not as severe as claimed
• Delaying until you are desperate - Hoping you will accept a lowball offer to pay bills

We've fought these tactics for over 46 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 are injured by a drunk driver:

1. Call 911 immediately - Police will conduct sobriety tests and document everything
2. Request the officer test the driver for intoxication - Make sure this is documented in the police report
3. Seek immediate medical attention - Even if you feel okay, some injuries appear later
4. Document everything - Take photos of the scene, vehicles, and your injuries
5. Get witness information - Anyone who saw the driver's behavior before or after the crash
6. Obtain the police report - This will contain critical evidence about the driver's intoxication
7. Do NOT speak to insurance adjusters - They will use your words against you
8. Contact Kalfus & Nachman PC immediately - We will 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 and 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 professionals 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 are 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 on the status of my case along the way. I would highly recommend the team at Kalfus & Nachman." - Patricia Taylor

Testimonials →

Take Advantage Of Our Free Consultation 

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 español

Do not let a drunk driver's reckless choice destroy your life. We fight for maximum compensation so you can focus on healing.

Contact Our Drunk Driving Accident Attorney in Norfolk Today

If you have been injured by an impaired driver in Norfolk, you should not have to shoulder the financial and emotional burden of someone else’s reckless decision. Medical bills, lost income, pain and suffering, and uncertainty about the future can quickly become very overwhelming. Our experienced drunk driving accident attorney is committed to helping victims pursue the settlement they rightfully deserve while holding negligent drivers accountable for the harm they have caused.

When you choose to work with our firm, you can expect personalized attention, clear communication, and committed legal representation throughout every stage of your claim. We will investigate the accident, gather and collect evidence, negotiate with insurance companies, and, if necessary, fight for your rights in court. Our aim is to maximize your recovery so you can focus on healing and moving forward with your life.

Time is an important factor in any personal injury case, and delaying action could affect your ability to preserve evidence or meet important legal deadlines. Do not wait to seek the guidance you need. Contact us today to request a consultation and learn more about your legal options. We are ready to stand by your side and advocate for your best interests every step of the way.

Contact us today to get started with our Norfolk drunk driving accident lawyers.