Drunk driving crashes are not only devastating—they often change the nature of a personal injury claim entirely. If you’ve been injured in a car crash in Richmond or the surrounding areas, and the at-fault driver was charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), your case may carry significantly more value than a typical accident case. Also worth reading: LLC Articles of Organization.
DUI or DWI
At Burnett & Williams, we have seen firsthand how DUI-related personal injury cases offer the potential for increased compensation, including punitive damages. As seasoned Richmond personal injury attorneys, we are here to explain how DUI charges affect your personal injury claim and what steps you should take to protect your rights.
How DUI/DWI Charges Impact Your Injury Claim
When a person drives under the influence of alcohol or drugs and causes a collision, they are often deemed grossly negligent under Virginia law. This designation significantly impacts your right to compensation.
Why DUI Cases Are Different
In standard car accident cases, victims are generally entitled to compensatory damages, which cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
However, in DUI-related cases, you may also be entitled to punitive damages. These are awarded not to compensate you but to punish the offender and deter similar reckless conduct in the future.
Virginia law allows for the award of punitive damages in the following cases:
- The driver’s blood alcohol content (BAC) was 0.15% or higher
- The driver refused a breathalyzer test
- There is clear evidence of reckless or wanton behavior, such as excessive speeding or ignoring traffic signals
In such cases, the total value of your claim may increase dramatically, as courts recognize the increased harm and societal danger caused by impaired driving.
Evidence Needed to Prove DUI and Maximize Your Claim
Successfully pursuing a DUI-related injury claim requires compelling evidence of intoxication. At Burnett & Williams, we are moving quickly to secure the following key documents:
1. Police Reports
These contain crucial details about the crash, including officer observations, field sobriety test outcomes, and arrests made at the scene. Officers often document slurred speech, the smell of alcohol, and failed roadside tests.
2. Blood Alcohol Concentration (BAC) Results
If the driver submitted a chemical test, the results will be central to your case. A BAC over 0.15% makes your claim eligible for punitive damages. We often acquire these results through FOIA (Freedom of Information Act) requests or subpoenas.
3. Medical Records
If the impaired driver received medical treatment post-accident, their bloodwork or toxicology screen may provide proof of alcohol or drug impairment.
4. Eyewitness Testimony & Video Evidence
Witnesses can corroborate erratic behavior prior to the crash, and traffic camera footage may support claims of speeding or reckless driving.
Experienced personal injury attorneys like Charles James Williams III and Kimberly Raab know how to act swiftly and strategically to gather this evidence before it disappears.
What You Should Do If You’re Hit by a Drunk Driver in Richmond
Your actions immediately following a drunk driving crash can significantly impact on your ability to recover compensation. Here are the steps to follow:
- Call 911 – Always report the accident and request police presence.
- Seek Medical Attention – Even if injuries seem minor, get evaluated immediately.
- Document the Scene – Take photos of vehicle damage, injuries, and surroundings.
- Avoid Speaking to the Insurance Company – Their goal is to minimize payouts.
- Call Burnett & Williams – Consult an attorney who understands DUI claims and Virginia personal injury law.
Why Choose Burnett & Williams for Your DUI Injury Claim?
Local Experience. Proven Results.
Burnett & Williams has decades of experience representing injured individuals in Richmond, Chesterfield, and throughout Central Virginia. Attorneys Charles James Williams III and Kimberly Raab have deep knowledge of how DUI/DWI cases are handled and the strategies needed to pursue maximum compensation.
Attorney: – Charles James Williams III and Kimberly J. Raab
Attorney Charles James Williams III
Jim Williams, who graduated with honors from George Mason University School of Law, started his legal career as a clerk for U.S. District Judge Glen M. Williams. With extensive experience on both the defense and plaintiff sides, including time as litigation counsel for Progressive Insurance, he brings unmatched insight into how insurance companies think and operate. Since joining Burnett & Williams in 2006, Jim has successfully tried over 100 personal injury trials and is regarded as a leading authority on insurance-related injury litigation in Virginia.
Attorney Kimberly J. Raab
Kim Raab brings relentless dedication to personal injury litigation. She has represented clients in courtrooms across the Commonwealth and is known for her strategic advocacy, client-focused approach, and trial success. Licensed in both Virginia and New York, Kim takes pride in meticulous preparation and passionate client representation. Her reputation is built on integrity, tenacity, and delivering results.
What Compensation Can You Recover in a DUI Crash Case?
Victims of DUI crashes in Virginia may be eligible to recover:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
- Punitive damages, in cases of gross negligence
The presence of a DUI charge strengthens the legal grounds for these claims, particularly punitive damages.
Burnett & Williams: Dedicated to Justice After Drunk Driving Crashes
At Burnett & Williams, we believe that victims of drunk drivers deserve more than just compensation — they deserve justice. We will fight aggressively to ensure that reckless drivers are held accountable and that our clients receive every dollar they are entitled to under Virginia law.
Whether through skilled negotiation or litigation, we stand by your side throughout the entire process. With offices conveniently located in Richmond, Chesterfield, and Hopewell, our team is here for you.
Ready to Discuss Your Case?
📞 Call Burnett & Williams at (804) 794-0080 for a FREE consultation
📍 Offices in Richmond, Chesterfield & Central Virginia
🌐 https://burnettwilliams.com/ to contact us online and learn more about your rights
Let attorneys Charles James Williams III and Kimberly Raab help you pursue justice and full compensation after a DUI crash.
FAQs
Q: What is the difference between DUI and DWI in Virginia?
A: In Virginia, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably and refer to operating a vehicle while impaired by alcohol, drugs, or a combination of both.
Q: Do I still have a claim if the at-fault driver was not convicted of DUI?
A: Yes. A criminal conviction is not required to pursue a personal injury claim. Civil cases require a lower burden of proof, and our attorneys can still demonstrate negligence and impairment to recover damages.
Q: How long do I have to file a personal injury claim after a DUI crash in Virginia?
A: Virginia’s statute of limitations for personal injury claims is two years from the date of the accident. It’s important to act quickly to preserve evidence.
Q: Can I receive compensation if I was partially at fault?
A: Virginia follows a pure contributory negligence rule, meaning if you are found even 1% at fault, you may be barred from recovery. However, this is often vigorously contested, especially in DUI cases where the other driver’s conduct was grossly negligent.
Q: What damage can I recover in a DUI-related injury case?
A: You may be eligible for:
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Property damage
- Punitive damages (in cases of gross negligence)
