Virginia State Police are investigating a single-vehicle drunk driving crash that left a young girl dead and others injured. According to the newspaper, a man was driving southbound in a northbound lane when his car suddenly swerved right. He ran off the road and collided with a tree. The vehicle caught on fire.

There were three passengers in the vehicle. A young girl died at the scene, while her sister suffered life-threatening injuries. At last report, she underwent a 7-8 hour successful surgery and was in intensive care. The third passenger was a young man, and he suffered minor injuries.

The driver, who sustained minor injuries, was later taken into custody and charged with driving under the influence (DUI), as well as involuntary manslaughter. He is being held without bond.

Serious injuries and deaths from accidents like this are tragic but may be preventable. If you or a loved one were severely injured or killed as a passenger in an alleged drunk-driving accident like this, you may wonder what you can do to help manage all the related costs. Our Virginia Beach car accident attorneys can help. We understand the complexities of Virginia law and have the resources necessary to investigate car accident cases such as this one.

Your Rights as a Passenger in a Drunk Driving Accident

Often, when we think about drunk driving accidents, we imagine a drunk driver hitting another car and injuring the occupants of that other car. Injuries and even fatalities among passengers, however, happen fairly frequently.

According to the Insurance Information Institute (III), over 6,000 passengers were killed in traffic crashes in 2022, and over 2,000 of those (34 percent) were killed in alcohol-impaired crashes.

Passengers are considered innocent bystanders in most drunk-driving accidents and are generally entitled to compensation for their injuries. As a passenger victim, you would have the right to file a claim against the driver of the car if that person was intoxicated. If another driver contributed to or caused the accident, you may also be able to file a claim against that driver’s insurance policy.

A successful claim would reimburse you for damages such as your medical expenses, lost wages, pain and suffering, and sometimes other expenses, such as transportation costs, home modifications if needed, or other out-of-pocket expenses from the injury.

There are some exceptions, however, particularly if the passenger got into the vehicle knowing the driver was intoxicated.

Exceptions to a Passenger’s Claim in a Drunk Driving Accident

Virginia is known for having tough drunk-driving laws which impact not only drivers but passengers as well. A first-offense DUI carries penalties such as license suspension, fines, mandatory alcohol education, and possible jail time. Repeat offenders are subject to even harsher penalties, such as longer license suspensions, increased fines, and extended jail sentences.

Passengers in a drunk driving accident can usually pursue compensation, but certain exceptions could limit or bar their claims. These include situations in which the passenger’s actions contributed to the accident somehow.

Contributory Negligence

In Virginia, if you are found to be even one percent at fault for the accident, you are barred from recovering any compensation for your injuries. That means if you are found to have contributed to the accident in any way, you may not be able to pursue a claim against the driver.

Assumption of Risk

If you knew the driver was drunk but got into the vehicle anyway, the driver’s insurance company may argue that you “assumed the risk” and deny your claim. According to the law, individuals who knowingly accept a risky situation cannot later claim damages if that risk results in harm. There must be evidence that you were aware of the driver’s condition, however, so this may be one argument that you and your car accident attorney can fight.

Passenger’s Intoxication

If you, as the passenger, were also intoxicated at the time of the accident, that will likely complicate your claim. The other side may argue that your impairment contributed to your choice to ride with the drunk driver. This will not automatically negate your claim, however. A skilled car accident attorney may still be able to help.

Combining Factors

If you, as the passenger, knew the driver was drunk when you got into the vehicle, and you were also drunk at the time, you will face an uphill battle when trying to win compensation for your injuries.

How Can a Personal Injury Attorney Help?

Because Virginia’s laws on contributory negligence and drunk driving are so strict, hiring a car accident attorney is a wise step in building a strong case. Our lawyers will investigate the circumstances of the accident and find every piece of evidence possible to support your claim. We will also work to prove that you did not know the driver was intoxicated and help negotiate with the insurance company.

If you or a loved one was seriously injured or killed in a drunk driving accident, contact our firm today for a free initial consultation. We can help maximize your chances of securing the compensation you deserve, as we did for two victims of a drunk driving accident—the driver and his girlfriend. We negotiated $200,000 for our client in that case.

Named a “Best Law Firm” since 2010, we have offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.

What Are My Rights as a Passenger in a Drunk Driving Accident?