Newport News Drunk Driving Accident Attorney

How Our Lawyers Can Help You File a DUI Accident Claim in Newport News

At Kalfus & Nachman PC, our Newport News drunk driving accident lawyers can help you fight for financial compensation for your losses. With more than 40 years of experience, our firm is prepared to go to bat for you and your family. We have the knowledge, experience, and resources to aggressively advocate for your rights and best interests both in and out of the courtroom.

Call (855) 880-8163 or submit an online case evaluation form to request a free, confidential consultation with our Newport News drunk driving accident lawyers.

Liability in Drunk Driving Accident Claims

Drunk driving accident claims are a type of personal injury claim. As such, they are based on the legal theory of negligence. In order to prove negligence, you must be able to show that the at-fault party owed you a duty of care, that they breached this duty of care, that this breach caused the accident, and that you suffered damages as a result.

So, how does this apply in drunk driving accident claims?

First, all motorists owe others on the road a duty of care. This means that they are legally required to operate their vehicles in a reasonably safe and cautious manner, so as to not put others at unnecessary risk of harm. When a motorist consumes alcohol and then gets behind the wheel, he or she has breached this duty of care.

Second, you must be able to show that this breach of the duty of care was the direct cause of your accident. If the other driver was drunk and you were hit by that driver, this will generally be relatively easy to prove.

Finally, you must be able to show that you suffered damages. In other words, you must be able to prove that you were injured and/or that you suffered some other type of damage, such as damage to your vehicle. If you suffered no damages, you will not be able to recover compensation.

In most cases, it does not matter whether the drunk driver was actually charged with a DUI. Even if the driver was never arrested, charged, or convicted, you may still have grounds for a claim against him or her.

Compensation for Drunk Driving Accident Victims

While no amount of money can ever truly make up for the trauma you have endured, a fair settlement or verdict can help you recover your losses and provide you with financial security as you move forward.

Depending on the specific circumstances, you may be entitled to compensation for:

• Emergency medical care
• Medical expenses, such as surgeries, hospital stays, and follow-up care
• Medications and medical equipment
• Rehabilitation and physical therapy
• Lost income and/or wages
• Lost or reduced earning ability
• Property damage
• Pain and suffering
• Emotional distress
• Disfigurement and/or disability
• Loss of love, companionship, and/or support
• Funeral and burial costs (in wrongful death cases)

Can I Sue a Bar for Over-Serving a Drunk Driver?

Virginia has what are known as "dram shop" laws. These laws allow victims of drunk driving accidents to sue the establishment that served the drunk driver if the driver was either under the age of 21 or was "visibly intoxicated" at the time he or she was served.

However, the law is very specific when it comes to what constitutes "visibly intoxicated." In order to file a claim against a bar, restaurant, or other establishment, you must be able to prove that the driver was so obviously drunk that he or she posed an "imminent danger" to him- or herself and/or others.

Additionally, you must be able to show that the establishment served the driver in question. This means that, if the driver was already visibly intoxicated when he or she arrived at the establishment, the establishment may not be held liable.

Finally, while you can sue the establishment, you cannot sue the individual server. This is because the server is considered to be an employee of the establishment and, as such, the establishment is vicariously liable for his or her actions.

How Our Firm Can Help You

At Kalfus & Nachman PC, our Newport News drunk driving accident lawyers know that this is a difficult time for you and your family. We are here to help shoulder the burden and take care of all the legal details so that you can focus on healing.

When you choose our firm, you can expect us to:

• Conduct a thorough investigation into the accident and gather all available evidence, including police reports, witness statements, and more
• Work with experts in accident reconstruction and other fields to strengthen your case
• Calculate the full value of your damages, both current and future
• Handle all communication and negotiation with the insurance company
• Prepare your case for trial, if necessary

Insurance companies are not on your side. They are focused on their bottom line and will do everything in their power to avoid paying you the full compensation you deserve. Our attorneys are skilled negotiators and are not afraid to take your case to trial, if necessary. We are prepared to fight for you and will not back down from a challenge.

Why Choose Us?

At Kalfus & Nachman PC, we understand that you have many options when it comes to choosing a drunk driving accident lawyer in Newport News or the surrounding areas. However, we also know that no other firm is quite like ours. When you choose us to represent you, you can expect to receive the personalized, one-on-one attention and compassionate support you deserve. We are committed to providing our clients with the highest level of service and to going above and beyond in order to maximize their entitled compensation.

Our firm has been serving clients throughout the region since 1979. We are a trusted name in the community and have a proven track record of success. We are not afraid to take on the most challenging cases, and we have the experience and resources to handle even the most complex legal matters. When you choose us, you can have peace of mind knowing that your case is in good hands.

Call (855) 880-8163 to speak to a member of our team today.