How Can Victims Prove Fault in Auto Accidents Involving Drunk Driving?
Auto accidents that involve drunk driving are some of the most tragic—and preventable—incidents on Virginia’s roads. These crashes often result in serious injuries or fatalities, and for victims, the aftermath is overwhelming. Proving that a drunk driver was at fault is critical for securing compensation through a personal injury claim.
Virginia follows the principle of contributory negligence, which means that if the victim is found to be even slightly at fault, they may be barred from recovering damages. Fortunately, at Schilling & Esposito PLLC in Richmond, Virginia, we can help you build that proof and take the right steps after a drunk driving accident.
Immediate Actions at the Scene
What happens in the moments right after a drunk driving accident can affect the entire case. Taking the right steps at the scene helps preserve valuable evidence that may disappear quickly. Here is what you should do immediately after an accident:
Call 911 immediately: A police report is crucial. Officers will assess the situation, check for signs of intoxication, and may administer a breathalyzer or field sobriety test on the spot. This official documentation becomes a key part of the case.
Get medical help on site: Seeking medical attention isn't just important for your health—it also creates a record linking your injuries directly to the accident.
Take photos and videos: Document vehicle damage, injuries, road conditions, skid marks, and any visible containers of alcohol. These images can help prove fault later.
Speak with witnesses: If anyone saw the crash or the driver’s behavior, get their contact information. Witness testimony can back up claims about erratic driving or signs of impairment.
Avoid confrontation: It may be tempting to confront the drunk driver, especially if they seem unapologetic or aggressive. But staying calm helps prevent further harm and keeps the focus on documentation.
With these early steps complete, the victim will have a foundation of evidence. But proving fault often requires going deeper.
Law Enforcement and DUI Charges
Police involvement adds legal weight to the case. If the other driver is arrested or charged with DUI, that information becomes incredibly powerful in a civil claim.
Access the police report: This document often includes the officer’s observations, statements from both drivers, and the results of any sobriety or chemical tests. It may also assign preliminary fault.
Track DUI charges: If the driver is charged or convicted of DUI in criminal court, that outcome can support your claim. While criminal and civil cases are separate, a conviction can help prove that the driver acted negligently.
Subpoena body cam footage if needed: Law enforcement may have video footage of the arrest, which can show the driver’s behavior, responses, and field test performance.
Although not required, a criminal conviction makes it much easier to hold the driver responsible in a personal injury lawsuit. Still, even without a conviction, other types of evidence can prove intoxication.
Proving Intoxication Without a Conviction
There are situations where a drunk driver isn't formally convicted, but that doesn’t mean they’re off the hook. Civil court uses a lower burden of proof than criminal court, so victims can still prove fault using different kinds of evidence.
Field sobriety or breathalyzer test results: Even if the test wasn't admissible in criminal court, it may still support a civil case. For example, a BAC of 0.08% or higher indicates intoxication.
Open containers or smell of alcohol: Police records or witness statements describing alcohol odors or open containers in the vehicle can point to impairment.
Video footage: Surveillance from traffic cams or nearby businesses may capture erratic driving or post-crash behavior.
Witness accounts: Bystanders may recall slurred speech, stumbling, or confusion—common signs of being under the influence.
The driver’s own words: Statements made at the scene or on social media can be used in court, especially if the driver admitted to drinking.
All these elements help build a picture of the driver’s state at the time of the crash, even if the criminal case didn’t move forward.
Establishing Negligence and Causation
To recover compensation in Virginia, the victim must show that the drunk driver wasn’t just intoxicated but that their intoxication directly caused the crash. This requires a structured approach to negligence and causation.
Prove duty of care: All drivers owe a duty to others on the road. Getting behind the wheel while intoxicated is a clear breach of that duty.
Show breach of duty: Evidence of drinking, reckless driving, or ignoring traffic laws demonstrates that the driver didn’t meet the standard of care.
Connect the breach to the accident: It’s not enough to say the driver was drunk—the evidence must show that the intoxication led to the crash. For example, drifting across lanes or rear-ending a stopped vehicle.
Demonstrate damages: Medical bills, lost wages, pain and suffering, and property damage all need to be documented. Photos, expert opinions, and receipts are vital here.
By following this structure, victims and their attorneys can build a clear case showing that the driver’s decisions directly led to their injuries.
Additional Legal Tools That Can Help
Beyond traditional evidence, victims in drunk driving cases can sometimes access additional tools that strengthen their claim.
Punitive damages: Virginia law allows for punitive damages in drunk driving cases if the driver had a high blood alcohol content (BAC of 0.15% or more) or knew they were impaired. These damages punish the driver and send a message.
Dram shop laws (limited in Virginia): Virginia doesn’t have strong dram shop laws, but if a licensed bar knowingly served alcohol to someone who was visibly intoxicated, that could potentially play a role.
Expert witnesses: Accident reconstruction experts or toxicologists can explain how intoxication affected the driver’s ability and caused the crash.
These legal tools often come into play when the case involves severe injuries or disputed liability. An attorney can help decide when to use them.
Utilizing Medical Evidence
Medical documentation plays two critical roles: proving the extent of the victim’s injuries and linking those injuries directly to the crash.
Emergency room records: These show what symptoms or trauma were evident right after the accident.
Doctor’s notes and treatment plans: Ongoing care, physical therapy, and specialist visits show the long-term effects of the crash.
Diagnostic tests: MRIs, CT scans, or X-rays provide objective proof of injury.
Injury timelines: A clear timeline from the crash to diagnosis helps rule out other causes and supports the claim that the injuries were a direct result of the crash.
Even if fault is obvious, compensation depends heavily on proving real, documented damages. Solid medical records make that possible.
Building a Strong Legal Case
Victims benefit greatly from working with a personal injury attorney who understands how to build a drunk driving case in Virginia’s court system. Attorneys can gather and organize evidence, manage communications with insurance companies, and represent the victim in settlement talks or a trial.
Conduct investigations: Attorneys often uncover evidence that victims may not know how to access, like surveillance footage or expert opinions.
Deal with insurance adjusters: Insurers often try to shift blame or offer low settlements. An attorney can push back with evidence.
File within deadlines: Virginia’s statute of limitations for personal injury cases is typically two years. Missing this deadline can prevent recovery.
Prepare for trial if needed: If the case doesn’t settle, having a lawyer who’s prepared to go to court is crucial.
Legal support gives victims the best shot at recovering full compensation for their losses.
Pursue the Compensation You Deserve
Auto accidents involving drunk drivers are devastating, but victims don’t have to face the fallout alone. With the right support and strategy, victims can pursue justice and help prevent future tragedies by holding drunk drivers accountable. We serve clients in Central and Richmond, Virginia. Reach out to Schilling & Esposito PLLC today to speak with an experienced personal injury attorney.