What Do I Do After a Drunk Driving Accident in Virginia?
What do I do after a drunk driving accident in Virginia? If you’re involved in an accident and believe the other driver may be drunk, call 911 immediately and report observations indicating possible intoxication so law enforcement can investigate whether the other driver is impaired.
After receiving medical attention, contact our drunk driving victim accident lawyer in Richmond.
Signs the Other Driver May Be Intoxicated
Although you don’t have the equipment or authority to prove that someone is driving drunk, police will record your observations as part of their evidence. Factors indicating potential drunk driving include:
- Erratic driving leading to an accident: Behaviors such as poor vehicle control, wrong-way driving, striking obvious obstacles, or reckless driving often indicate intoxication.
- Physical signs: The driver’s eyes appear bloodshot or glassy, and you detect an odor of alcohol.
- Behavioral signs: Look for slurred speech, poor coordination, confusion, or unexpected mood swings
- Evidence of drinking in or around the vehicle: You are not entitled to search vehicles, but if you notice open or empty containers in or near a car, its driver could be drunk.
Attempts to flee the scene are a strong indication that something is wrong. It could indicate that the driver is drunk, uninsured, or driving without a license. If someone tries to flee the scene in their vehicle, record the license plate number and try to capture photographic or video evidence.
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Why Calling the Police to a Drunk Driving Accident Scene is So Important
Under Virginia Code § 46.2-894, drivers involved in certain accidents are required to stop, provide identifying information, render reasonable assistance to injured people, and report the accident when required. Calling 911 helps satisfy these obligations while ensuring emergency responders are dispatched promptly.
Emergency Medical Attention for Injured Parties
If anyone has been injured, your call helps ensure emergency medical assistance arrives as quickly as possible. Even less-obvious injuries can be life-threatening. Internal injuries are not always immediately apparent, but are sometimes even more serious than obvious ones.
A Police Report Serves as Evidence, Indicating Directions for Further Investigation
The police officers attending the accident will prepare an accident report, including witness testimony, and assess the suspected drunk driver. Although you can still claim for an accident without a police report, the information it captures serves as important evidence if victims later seek compensation.
Apart from determining whether a driver is drunk, police gather other important evidence. Despite this, disputes over liability are common, even when one of the drivers involved in an accident was intoxicated. Drunk driving is a criminal offense and often strengthens a personal injury claim, but it does not automatically establish fault.
Calling the Police Protects You Even if the Accident Caused Minor Damages
A very minor accident in which nobody seems to have been injured, and property damage is minimal, might seem less urgent. However, if you suspect one of the drivers involved was drunk, police can prevent them from putting themselves and others at risk.
Notifying law enforcement after a Virginia drunk driving accident keeps you on the right side of the law, which requires you to report accidents. Reporting the accident also creates a clear record of your involvement. If the impaired driver leaves the scene and later causes another crash, the police report helps establish what occurred and when.
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What You Should Tell the Police After a Drunk Driving Accident in Virginia
You should cooperate fully with police while sticking to the basic facts. Tell them your side of the story without speculating on fault. Report your suspicion that one of the drivers involved is intoxicated along with the things you noticed that led you to suspect they might be over the limit.
Shortly after an accident, many people speculate about how they could have avoided the accident. Avoid doing so, since statements like this potentially weaken your case and complicate matters if there are disputes about fault.
Although you might believe you’re uninjured, avoid saying so in case symptoms of injury appear later. Instead, say you aren’t sure. It’s a true statement, since you can’t be certain right away. If you are currently experiencing pain, don’t exaggerate or downplay it.
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How Police Gather Evidence When They Suspect Drunk Driving
When police check an accident scene, they are alert to the fact that drunk drivers often cause or contribute to accidents. Your statement adds to the evidence and prompts careful investigation. If you informed them of your suspicions when calling 911, they are already prepared.
Typically, they would begin by checking for basic signs of driving under the influence, then follow up with field sobriety and breathalyzer tests. Blood tests are usually the most convincing form of evidence. When testing confirms impairment, the results become important evidence in both any criminal proceedings and a subsequent personal injury claim.
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How an Attorney Helps Victims After a Drunk Driving Accident in Virginia
One of the things to know about drunk driving personal injury cases in Virginia is that evidence showing a driver was drunk is not enough to establish liability. Getting help from an attorney is one of the things you can do after a drunk driving accident in Virginia. Your lawyer can:
- Investigate the accident, seeking evidence that supports your case
- Preserve time-sensitive evidence before it is deleted, forgotten, or missed
- Identify liable parties, whether or not the drunk driver was among them
- Clarify how Virginia laws apply to your case
- Examine police reports, test results, and evidence from other witnesses
- Assess your damages and present insurance claims on your behalf
- Prepare a courtroom-ready case if negotiations do not produce a fair resolution
- Evaluate settlement offers and advise you according to their understanding of your case
Throughout the process, your lawyer works to answer your questions, keep you informed about important developments, and advocate for your interests while you concentrate on rebuilding your life.
Get a Professional Opinion After Falling Victim to a Drunk Driving Accident in Virginia
While no attorney can promise a particular outcome, they can evaluate your circumstances and explain your legal options. Consider scheduling a consultation with a lawyer from The Pendleton Law Team high on your list of things to do after a drunk driving accident in Virginia.
We offer a free initial consultation, so discovering your options needn’t be a costly exercise. All you need to do is reach out. Peace of mind could be just a phone call away. Contact us now.
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