Hampton, VA, DUI Accident Attorney

Drunk drivers are a danger to everyone on the road. Click on the link below to connect with our legal team for a free consultation, we’ll respond within 1 hour during business hours. Or call us 24/7 at (757) 244-7000.

Click on the link below to connect with our legal team for a free consultation, we’ll respond within 1 hour during business hours. Or call us 24/7 at (757) 244-7000.

David HoltSamantha Cohn
Legally Reviewed By
Stephen M. Smith
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A man in his car after being rear-ended by a drunk driver. He is considering contacting a Hampton VA DUI accident lawyer.Front of Smith Law Center building

When another driver injures you while drunk or high behind the wheel, you may have a legal claim for compensation. An experienced attorney can ensure that the actual costs of your losses are covered, not just what insurance companies offer.

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Car accidents caused by someone driving under the influence (DUI) can be devastating. Because drugs and alcohol affect a person’s decision-making capacity, the speeds and actions of drunk DUI drivers can cause specific types of destruction that would not have occurred with a sober individual behind the wheel.

If you and your family have suffered due to the disastrous actions of a drunk driver, you deserve justice. An experienced DUI accident lawyer can investigate the crash and help translate your losses into financial terms the court can award, including the funds needed for long-term or life-long care.

At the Smith Law Center, our lawyers have achieved significant results in car accident cases, especially those involving traumatic brain or spinal cord injuries. Contact our Hampton, VA, attorneys for representation online or by calling (757) 244-7000

Located in Hampton, Virginia, we represent individuals in surrounding states and nationwide, delivering sometimes record-setting results that can greatly improve the quality of your future.

“I sincerely recommend Stewart Gill and the Smith Law Center team for any of your legal needs.

I was involved in a motor vehicle accident at no fault of my own, by a distracted driver,  which left me with permanent injuries. Mr. Gill and the staff at Smith Law Center not only took care of my injury case in a professional and ethical manner, they also took a great deal of time  to ensure I received proper treatment and that all my needs were attended to. Mr. Gill was always very responsive and knowledgeable on any questions that I had, and explained everything clearly and concisely to me. Do not hesitate to reach out to them for help.”


- Marlena L. | Client

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Lawyers at Smith Law Center

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.

How Common Are DUI Accidents?

The latest DUI statistics show that it is still a prevalent problem in the United States:

The numbers show that DUI accidents and the circumstances that create them are far too common, causing thousands of preventable deaths each year. For those injured and the family members of those lost to such needless tragedy, a lawsuit can help you take back control.

Watch a Hampton, VA, Crash Survivor Recount His Experience With Our Firm

Chris Stoops from Hampton, VA, came to the Smith Law Center after suffering a traumatic brain injury in a serious car crash. Listen to how our team secured a successful outcome for him in the legal aftermath: 

Statistics on DUI Driving in Hampton, VA

Virginia has seen a significant rise in DUI-related fatalities over the past five years, ranking ninth in the nation for the increase in DUI crash deaths. Here are some key DUI statistics from Virginia:

  • 293 people died in alcohol-related crashes in Virginia in 2023. This was a 6.9% increase from 2022. Hampton, VA, accounted for 8 of these fatalities. 
  • In 2023, 4,400 people were injured in alcohol-related crashes in Virginia, a 5.4% increase over 2022. In Hampton, VA, there were 194 injuries from DUI crashes. 
  • There were 6,979 alcohol-related crashes in Virginia in 2023. In Hampton, VA, there were 178 DUI crashes that year.
  • DUI-related fatalities have increased by over 44% from 2018 to 2022.
  • On average, one person was killed and 11 injured daily in Virginia in 2022 due to DUIs.
  • More than 14,000 people were convicted of DUI in Virginia in 2023.
  • The "100 Deadliest Days" in Virginia for drunk driving are from Memorial Day through Labor Day, with an increase in DUI crashes expected.

In 2023, Hampton had the highest rate of traffic deaths in Virginia, with 1.53 deaths per 10,000 residents. This high traffic death rate could be due to Hampton, VA’s dangerous intersections.

By holding drunk and intoxicated drivers responsible, you help remove potential repeat offenders from the roads in Hampton, VA, possibly saving lives.

When you work with a Hampton, VA, DUI accident lawyer, you can improve your personal prospects and help prevent future accidents. Contact the Smith Law Center at (757) 244-7000 or fill out our online form to take legal action today.

Watch Out for Recorded Statements to Insurance Companies

When you’ve been injured by a drunk driver, you think the process would be straightforward, but insurance companies can make things much more complicated. 

The insurance company may request a recorded statement from you, and this is often a trap that many don’t see coming. While it might seem like a harmless step, these companies are skilled at using your words against you. They often ask questions designed to minimize their payout, and even the simplest answers can be twisted.

For example, if they ask how you're feeling right after the accident, your response, "I’m fine,” could be used to argue that your injuries weren’t serious, even if you were just in shock and hadn’t realized the full extent of your pain yet. 

You can protect your claim by consulting with a Hampton, VA, DUI accident attorney before speaking to an insurance company. 

How Can a Hampton, VA, Drunk Driving Accident Lawyer Help Me?

Drunk driving is a completely selfish and morally reprehensible act that puts innocent lives at risk, leaving victims to pick up the pieces of someone else’s reckless decision. If you’ve been injured by an intoxicated driver, you deserve more than just justice; you deserve to be fully supported through the legal and insurance hurdles that follow.

A seasoned and knowledgeable drunk driving accident attorney in Hampton, VA, can be one of your greatest assets when filing a lawsuit. Here’s how they can be a supportive ally in the legal battle ahead: 

  • Handle Insurance Companies: The drunk driver’s insurance company may try to downplay your injuries or deny your claim altogether. Your attorney can take over communications and negotiations to ensure they don’t get away with giving you less than what you deserve.
  • Dig Into the Driver’s Record: Through their connections and resources, your lawyer can uncover important records, like previous DUI arrests or a history of reckless driving, to strengthen your case and show the severity of the other driver’s negligence.
  • Work With Professionals: Sometimes, experts like accident reconstructionists or medical professionals are needed to back up your case. An attorney can bring these experts in to explain how the drunk driver’s actions directly caused your injuries.
  • Fight for Maximum Compensation: A personal injury attorney will make sure every aspect of your life affected by the accident is accounted for when seeking financial support. 
A 2016 study by Martindale-Nolo discovered that those who hired a lawyer were likelier to walk away with a settlement. In fact, the survey reported that over 90% of people with legal representation received a settlement or award, compared to only about half of those who handled their injury claims alone.

What Can a DUI Accident Lawsuit Settlement Cover?

DUI car accident lawsuit settlements can cover:

  • Economic losses like hospital costs from your injuries, lost wages, and property damage — amounts often shown by literal receipts.
  • Non-economic losses such as pain and suffering, loss of enjoyment of life, or loss of relationship health in a marriage strained by the accident.
  • Wrongful death losses such as funeral costs and the irreplaceable love and companionship of the person who passed.

The Smith Law Center has recovered over $1 billion for our clients over the years, including a record-setting $7.5 million to a woman who suffered a brain injury during a car accident in Virginia.

We will do everything in our power to ensure you receive the maximum payout you’re entitled to — funds that may help afford dignified care and financial stability for the rest of your life.

What Information Does a Drunk Driving Accident Lawyer in Hampton, VA, Need?

Here is some of the most important information it would be helpful to have when beginning a DUI lawsuit:

  • Date and location of the accident so the scene can be investigated by your attorney.
  • Contact information, including the names of drivers, passengers, and witnesses, if there were any.
  • The police report that was filed on the accident.
  • Insurance information for yourself and the other driver, if known.
  • Receipts for any medical care, missed work or wages, or tows and vehicle costs related to the accident (including renting or buying alternate transportation).

If you do not have some or any of this information readily available, that is perfectly okay. It’s an attorney’s job to build a legal case, not yours. 

Your lawyer can gather all of the information required to file a lawsuit, including subpoenaing (legally demanding) information that might otherwise be inaccessible to you. Examples include personal details about the driver who hit you, or security footage from nearby businesses.

“We bring the right response at the right time because we’re committed to your success.”

- Stewart Gill | Attorney at the Smith Law Center

Who Is at Fault in a Drunk Driving Accident?

A drunk driver will almost always bear some fault for any accident they are involved in. However, their insurance company or defense lawyers may argue that you were partially at fault if they can. This is done in an attempt to lessen the responsibility of their client.

Do not worry about what opposing counsel may try to claim. Your Hampton, VA, DUI accident lawyer from the Smith Law Center can protect you and your reputation by securing evidence that shows the true cause of the accident. This may include evidence of intoxication of the other driver like a bar tender’s testimony, their blood-alcohol content, or police statements.

At the end of the day, a DUI driver is a lawbreaker, and their actions may have caused or contributed significantly to all that you have suffered from the crash. Do not count yourself out of justice before speaking with a qualified attorney regarding your options.

Why Hire a Hampton, VA, DUI Accident Attorney at The Smith Law Center 

Car and truck accidents caused by intoxicated driving are unacceptable. Driving is dangerous enough with unavoidable hazards like inclement weather and crashes like rear-end accidents — to drive while drunk or under the influence of drugs is to behave with a disturbing disregard for human life.

If you have suffered due to a DUI accident in Hampton, VA, your decision to stand up for your rights and seek compensation could help save others. By holding negligent drivers responsible for their harmful actions, you help make the roads safer for your entire community.

For over 75 years, the attorneys at Smith Law Center have helped individuals and families coping with catastrophic injuries secure the funds they need to survive and heal. We will ensure that all of your losses are considered, including any long-term effects on a person’s future ability to earn a living or maintain independence. 

Reach out to us online or by calling (757) 244-7000 for the proven, experienced legal advocate your family deserves to see you through these difficult times to a better tomorrow.

FAQ

Hampton, VA, DUI Accident Lawsuit FAQs

Does the Other Driver Need to Be Found Guilty of Drunk Driving Before I Can File a Lawsuit?

No, a criminal charge or conviction is not necessary before bringing a civil lawsuit. For a civil personal injury claim between you and the driver who hit you, all we need to prove are a few key elements: first that they were negligent, second that they caused you harm, and third that your injuries cost you in money, time, or quality of life.

Criminal cases are about police, prosecutors, and law enforcement; civil cases are about you and your specific needs.

Is Being on Prescription Drugs Considered “Under the Influence"?

Yes, driving while affected by legal prescription drugs that affect a person’s perception, reaction times, or suitability to drive may be considered a DUI case. Doctor-prescribed or over-the-counter drugs may still be inappropriate or illegal to use while driving, especially if they are intentionally abused for a high, or taken incorrectly by accident.

What Kind of Expert Testimony Can a Lawyer Use in DUI Accident Cases?

Expert witnesses may be called in to testify about the responsibility of the other driver. One example would be a toxicologist with credentials in biology and chemistry. A toxicologist can establish that the substances found in the driver’s blood would have a negative effect on their ability to operate a vehicle safely.

Other witnesses may be brought in on your behalf as well, such as medical experts who can describe what the injuries did to your ability to live your life. A physiologist can testify about the kind of physical therapy you’ll need to heal, and the length of time such healing is likely to take. Financial experts can help calculate the cost of the care you’ll need, and the effects of inflation on the cost of that care going forward.

How Long Do I Have to File a DUI Accident Lawsuit in Hampton, VA?

The deadline for filing a DUI accident case varies from state to state. In Hampton, VA, and throughout Virginia, the deadline is two years from the date of the accident. If you miss that window, you may lose your chance to receive any compensation, no matter how strong your case would have been.

Do not delay in speaking with an attorney from the Smith Law Center. We can be reached online or by calling (757) 244-7000. We will keep track of and meet important deadlines on your behalf, removing that worry from your mind so you can prioritize healing in peace.

Car Accident Verdicts & Settlements

Award to School Librarian for Mild Traumatic Brain Injury in Auto Wreck

Awarded:
$4,750,000.00
Summary:
HAMPTON, Virginia – Company pays $4,750,000.00 to school librarian for mild traumatic brain injury in auto wreck.
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Jury Awards Record in Mild Head Injury Case

Awarded:
$7,500,000.00
Summary:
HAMPTON, Virginia – A Hampton jury awarded a record $7.5 million to a woman who suffered from a brain injury during a car accident.
see More