Drunk Driving Accident Lawyers in Suffolk

Taking Difficult Cases Other Firms Won’t, Backed by 70+ Years of Combined Experience

When a drunk driver causes a crash, the injuries are rarely minor, and the financial fallout can be severe. At Bush & Taylor, P.C., our Suffolk-based attorneys represent victims injured by impaired drivers throughout Virginia Beach and the Eastern Shore. We’re known for taking on difficult personal injury cases that other firms decline, and we bring over 70 years of combined experience to every case we handle.

A civil personal injury claim is separate from any criminal case against the driver. Even if the driver is never convicted, you may still pursue compensation through a civil claim. The burden of proof in a civil case is lower than in a criminal prosecution, meaning the outcome of a criminal DUI proceeding doesn’t determine your right to recovery.

Call us at (757) 926-0078 to schedule a complimentary consultation. There’s no fee to have your case evaluated.

Why Suffolk Clients Choose Bush & Taylor, P.C.

Our attorneys, Justin Bush and Fred Taylor, are recognized for the quality of their work. Justin Bush has been selected to Super Lawyers for five consecutive years, and Fred Taylor holds an AV Preeminent rating for 2025. Those credentials reflect what our clients already know: we communicate clearly, respond promptly, and fight hard on behalf of the people we represent.

We handle complex and challenging personal injury cases, including those involving disputed liability, serious injuries, and overlapping criminal proceedings. Clients trust us to manage the legal process so they can focus on recovery. We serve clients throughout Virginia Beach and the Eastern Shore from our Suffolk office, and we’re prepared to take cases to court when an insurer won’t offer a fair result.

Criminal vs. Civil Drunk Driving Cases in Virginia

These are two distinct legal tracks, and understanding the difference matters for your recovery.

A criminal drunk driving case is brought by the Commonwealth of Virginia. It can result in restitution, fines, or jail time for the driver, and it can proceed even if no accident or injury occurred. A criminal conviction doesn’t, however, resolve your civil claim or put compensation in your hands.

A civil drunk driving case is filed by the injured victim, or in fatal crashes, by the victim’s family through a duly appointed personal representative. Under Virginia negligence law, a victim must show that the drunk driver owed a duty of care, breached that duty by driving impaired, and that the breach caused the victim’s injuries and losses. The two types of civil relief most relevant to Virginia victims are:

Personal Injury Claims
An injured victim may seek reimbursement for medical bills, lost wages, property damage, and pain and suffering. Virginia isn’t a no-fault state. Victims file directly against the at-fault driver under personal injury negligence principles.

Wrongful Death Claims
When a crash is fatal, the victim’s personal representative may file a wrongful death claim on behalf of the family. Economic losses, non-economic losses, and punitive damages may all be pursued where applicable.

Damages Available in a Virginia Drunk Driving Claim

Compensatory damages in a drunk driving injury case may include medical expenses, future medical care, lost wages, diminished earning capacity, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. These may be available in both personal injury and wrongful death claims.

Virginia law also authorizes punitive damages in drunk driving cases through Virginia Code § 8.01-44.5. These are awarded in addition to compensatory damages and are designed to punish the driver and deter similar conduct. Punitive damages may be available when:

• The driver’s blood alcohol concentration (BAC) was 0.15% or higher at the time of the crash
• The driver knew or should have known their ability to operate a vehicle was impaired
• Intoxication was a proximate cause of the victim’s injury or death

If the driver refused a breath or blood test under Virginia Code § 18.2-268.2, punitive damages may still be pursued under an alternate provision of § 8.01-44.5 if intoxication can be established through other evidence. Virginia caps punitive damages at $350,000 under Virginia Code § 8.01-38.1.

Virginia’s Statute of Limitations & Contributory Negligence Rule

Virginia Code § 8.01-243 gives injured victims two years from the date of the accident to file a personal injury lawsuit. Wrongful death claims carry their own two-year deadline, running from the date of the victim’s death rather than the date of the crash. Missing either deadline generally means losing the right to pursue compensation entirely.

Virginia also follows a pure contributory negligence rule. Under this doctrine, a victim who bears any share of fault for the crash may be barred from recovering any compensation at all. Insurance companies know this rule well and routinely attempt to assign partial fault to the victim as a strategy to avoid paying a claim. Early legal representation can help preserve evidence, secure witness accounts, and build the record needed to establish the drunk driver’s sole fault before an insurer can shift blame.

Two additional points worth knowing: Virginia doesn’t have a dram shop law, so bars and restaurants that served the driver generally can’t be held civilly liable. And if the at-fault driver lacks adequate insurance, uninsured or underinsured motorist coverage on your own policy may provide an additional source of compensation. We can evaluate both angles at the outset of your case.

Schedule a Complimentary Consultation in Suffolk

There’s no fee to have your case evaluated. We can review what happened, explain your options under Virginia law, and outline what a civil claim could look like for your situation.

Call our Suffolk drunk driving accident attorneys at (757) 926-0078 or contact us online to schedule a complimentary consultation. Serving Virginia Beach and the Eastern Shore.