ROANOKE, VA – September 14, 2026 – Victims injured by an impaired driver in Roanoke have the right to pursue civil compensation separate from any criminal charges the driver may face. Roanoke car accident attorney John P. Fishwick Jr. of Fishwick & Associates PLC (https://www.fishwickandassociates.com/virginia-car-accident-lawyer/drunk-driving-accidents/) is outlining how Virginia law treats drunk driving accident claims and what compensation may be available to injured victims.

According to Roanoke car accident attorney John P. Fishwick Jr., Virginia defines drunk driving under Virginia Code Section 18.2-266, making it unlawful to operate a vehicle with a blood alcohol concentration of 0.08 percent or higher, though impairment below that threshold can still support a civil claim. “A criminal charge and a civil claim are separate proceedings with different standards of proof,” explains Fishwick. “You can secure compensation even if the driver’s criminal case doesn’t result in a conviction.”

Roanoke car accident attorney John P. Fishwick Jr. notes that Virginia allows injured victims to pursue punitive damages under Virginia Code Section 8.01-44.5 when the driver’s blood alcohol concentration was 0.15 percent or higher, capped at $350,000 under state law. Victims may also recover economic damages such as medical expenses, lost wages, and reduced future earning capacity, along with non-economic damages for pain and suffering and loss of enjoyment of life, which Virginia does not cap in standard personal injury claims.

Attorney Fishwick, a former United States Attorney for the Western District of Virginia, adds that liability in these cases usually centers on the impaired driver but can extend further under certain circumstances. “A vehicle owner who lends a car to someone they knew or should have known was impaired can share responsibility through negligent entrustment,” he notes. “That matters most when the owner carries more insurance coverage than the driver.” Fishwick’s background handling high-stakes litigation on both sides of the courtroom informs how the firm builds these liability arguments.

The firm also points out that Virginia does not recognize dram shop liability, meaning a bar or restaurant generally cannot be held civilly responsible for over-serving a patron who later causes a crash. Instead, building a strong case typically requires preserving police reports, chemical test results, witness statements, and surveillance or dashcam footage before that evidence disappears, since some records can be lost within days of a crash.

Because Virginia follows a strict contributory negligence rule, an injured victim’s own conduct can normally bar recovery entirely. However, an exception applies when a driver’s conduct was willful and wanton, such as driving with a BAC of 0.15 percent or higher, which prevents ordinary negligence from being used to deny a victim’s claim. “That exception can be critical in a case where an insurer is looking for any reason to shift blame,” Fishwick states. Insurers frequently dispute injury severity or offer a quick, lowball settlement even when fault is clear.

Attorney Fishwick also points to Virginia’s uninsured and underinsured motorist coverage as an important safety net when the at-fault driver lacks adequate insurance, noting that reviewing an existing policy after a serious crash can reveal coverage a victim did not realize they had. While Virginia recently increased its minimum liability insurance requirements, those minimums are often still too low to cover a catastrophic injury, which is why a full review of all potentially available coverage matters in serious cases.

Virginia Code Section 8.01-243 gives injured victims two years from the date of the crash to file a personal injury lawsuit, and the same two-year window applies to wrongful death claims under Virginia Code Section 8.01-244, calculated from the date of the victim’s death rather than the date of the crash. Missing either deadline can permanently bar recovery, which is why the firm encourages injured victims and grieving families to reach out well before that window closes.

Fishwick & Associates PLC represents injured clients throughout Roanoke City, Roanoke County, Salem, Vinton, Botetourt County, and the greater Roanoke Valley.

About Fishwick & Associates PLC:

Fishwick & Associates PLC is a Roanoke-based law firm focused on car accident and wrongful death litigation for injured Virginians. Led by attorney John P. Fishwick Jr., a former United States Attorney, the firm represents clients throughout Roanoke and the greater Roanoke Valley. For consultations, call (540) 345-5890.

Embeds:

Youtube Video: https://www.youtube.com/watch?v=ir8YqtOujWY

GMB: https://www.google.com/maps?cid=10040635858459830700

Email and website

Email: info@fishwickandassociates.com

Website: https://www.fishwickandassociates.com/

Media Contact
Company Name: Fishwick & Associates PLC
Contact Person: John P. Fishwick Jr.
Email: Send Email
Phone: (540) 345-5890
Address:30 Franklin Rd SW Ste 700, Roanoke, VA
City: Roanoke
State: VA 24011
Country: United States
Website: https://www.fishwickandassociates.com/