Roanoke Drunk Driving Accident Attorney

Legal Help After A Crash Caused by a Drunk Driver

Being hurt by a drunk driver is different from a routine fender bender. Your injuries, your bills, and your family’s stress all come from a choice that never should have been made. If you were injured in a drunk driving crash in or around Roanoke, our team at Kalfus & Nachman PC is here to help you understand your options and protect your rights.

Since 1979, we have represented people across Virginia who were seriously injured in motor vehicle collisions. From our Roanoke office, we work with clients who are facing medical treatment, time away from work, and a DUI investigation that can feel confusing and overwhelming. Our goal is to handle the legal details so you can focus on healing.

We offer free consultations, and we have handled thousands of injury cases and recovered millions of dollars for clients. When you reach out to us, we listen to what happened, explain how Virginia law applies, and discuss how a drunk driving injury claim can move forward while any criminal case goes through the courts.

Call (855) 880-8163 today to schedule your free consultation.

Virginia Drunk Driving Laws

Virginia has strict laws in place to deter and penalize impaired driving. A driver is considered legally intoxicated when their blood alcohol concentration (BAC) is:

• 0.08% or higher for drivers age 21 and older
• 0.04% or higher for commercial drivers
• 0.02% or higher for drivers under age 21

Driving under the influence (DUI) in Virginia is a criminal offense that can result in fines, license suspension, jail time, and mandatory alcohol education programs. However, criminal charges do not compensate accident victims. Injured parties have the right to pursue a separate civil claim against the at-fault driver for damages.

In civil court, a drunk driver’s violation of DUI laws can be powerful evidence of negligence. Demonstrating that the driver was impaired at the time of the crash may strengthen your case for compensation.

How Alcohol Impairs Your Ability to Drive

Alcohol significantly affects a driver’s ability to operate a vehicle safely. Even small amounts can impair judgment, coordination, and reaction time. Common effects of alcohol impairment include:

• Slowed reflexes and delayed braking
• Poor decision-making and risk-taking behavior
• Reduced concentration and situational awareness
• Difficulty maintaining lane position
• Impaired vision and depth perception

These impairments increase the likelihood of serious crashes, including head-on collisions, rear-end accidents, and pedestrian impacts. Victims of drunk driving accidents often suffer catastrophic injuries because impaired drivers may fail to brake or avoid impact entirely.

How to Prove Liability Against a Drunk Driver

To recover compensation after a drunk driving accident, you must demonstrate that the impaired driver’s negligence caused your injuries. Evidence commonly used in these cases includes:

• Police reports documenting DUI charges or arrests
• Breathalyzer or blood test results
• Witness statements
• Surveillance or traffic camera footage
• Accident reconstruction reports
• Medical records linking injuries to the crash

Virginia follows a pure contributory negligence rule. This means that if an injured person is found even partially at fault for the accident, they may be barred from recovering compensation. Because of this strict standard, working with an experienced attorney is critical. Your legal team can build a strong case and counter attempts by insurance companies to shift blame.

Dram Shop & Social Host Liability in VA

In some states, businesses or individuals who provide alcohol to intoxicated people may be held liable for resulting accidents. Virginia’s approach is more limited.

Virginia generally does not impose traditional “dram shop” liability on bars or restaurants for serving alcohol to adults. However, there are exceptions and related legal theories that may apply, particularly when:

• Alcohol is served to minors
• A host knowingly provides alcohol to someone underage
• Negligent supervision or other misconduct contributed to the incident

Social host liability can arise in situations where a person provides alcohol to a minor who later causes a crash. These cases are complex and fact-specific, and an attorney can determine whether additional parties may share responsibility.

Compensation Available After a Drunk Driving Accident

Victims of drunk driving accidents may be entitled to recover compensation for both economic and non-economic damages. This can include:

• Medical expenses (current and future)
• Lost wages and reduced earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Rehabilitation and long-term care costs

In certain cases, punitive damages may also be available. Because drunk driving involves reckless behavior, courts may award punitive damages to punish the at-fault driver and deter similar conduct.

Our Roanoke drunk driving accident lawyer can evaluate your case, calculate the full extent of your damages, and pursue maximum compensation on your behalf.

What to Do After a Drunk Driving Accident

The steps you take after a crash can significantly impact your ability to recover compensation. If you are physically able:

1. Call 911 and report the accident
2. Seek immediate medical attention
3. Document the scene with photos and videos
4. Collect contact information from witnesses
5. Avoid speaking with insurance adjusters without legal guidance
6. Contact an attorney as soon as possible

Prompt legal action helps preserve evidence and strengthens your claim.

Drunk Driving Accident FAQs

How long do I have to file a claim in Virginia?

Virginia generally allows two years from the date of the accident to file a personal injury claim. Missing this deadline can prevent you from pursuing compensation.

Can I still recover damages if the drunk driver wasn’t convicted of DUI?

Yes. A civil case has a lower burden of proof than a criminal case. You may still recover compensation by proving negligence, even without a conviction.

What if the drunk driver is uninsured?

You may be able to file a claim through your uninsured/underinsured motorist coverage. An attorney can help explore all available avenues for recovery.

Do I need a lawyer for a drunk driving accident claim?

While not required, legal representation can significantly improve your chances of success. Insurance companies often try to minimize payouts, and an attorney can negotiate on your behalf and protect your rights.

How much is my case worth?

The value of your case depends on factors such as the severity of injuries, medical expenses, lost income, and long-term impacts. A detailed evaluation is needed to determine fair compensation.

Why Choose Our Roanoke Law Firm

Choosing the right legal team after a serious crash is an important decision. You want a firm that understands how drunk driving cases work in Virginia and one that has the resources to stand up to insurance companies. At Kalfus & Nachman PC, we bring decades of focused work on injury and motor vehicle claims to every case we accept.

We opened our doors in 1979 and have guided thousands of injured people and families through the claim process. Over the years, we have recovered millions and millions of dollars for clients, including multimillion dollar settlements and verdicts in serious injury cases. This long history means we have seen many types of crashes, from single vehicle collisions to complex multi car wrecks, and we know how to build strong claims under Virginia law.

Our attorneys have received recognition from organizations that focus on trial work and motor vehicle litigation. Our team includes members of The National Trial Lawyers Top 100 Trial Lawyers and the Top 25 Motor Vehicle Trial Lawyers. We have also been recognized in publications such as Best Of Norfolk and Best of Coastal Virginia Reader's Choice. These honors reflect our ongoing commitment to injured clients throughout the state.

Every case is handled with a personal approach. We take the time to understand how the drunk driving crash has affected your health, your work, and your family life. When it is helpful, we consult with doctors and accident reconstruction professionals to understand the full picture of what happened and what your future needs are likely to be. If an insurance company will not make a fair offer, we are prepared to bring a lawsuit and litigate the case in courts such as the Roanoke City General District Court or the Roanoke Circuit Court.

Contact our team today to discuss your case.