Hit by a Drunk Driver After a Tailgate? Here’s What You Need to Know

Posted by Howard B. AckermanSep 30, 2025

Tailgates and sporting events are meant to be fun, but unfortunately, they can also lead to tragedy when someone chooses to drink and drive. If a drunk driver hit you after a tailgate in the DMV, you may be facing serious injuries, medical bills, and questions about your legal rights. Here's what you need to know.

Virginia Law Protects Victims of Drunk Driving Accidents

Virginia law recognizes that driving under the influence (DUI) is a serious crime requiring mandatory minimum sentences. The law also permits victims of drunk drivers to pursue personal injury claims to recover damages such as medical expenses and lost wages.

Proving Liability After a Tailgate Accident

To get compensation for your damages, you must prove that the drunk driver caused the crash. Luckily, police reports and blood alcohol tests almost always demonstrate whether a driver was under the influence or not. These pieces of evidence are generally considered reliable and objective.

However, the drunk driver may not be the only liable party. Sometimes, parking lot operators or event organizers may be held responsible for an accident if they failed to employ reasonable safety measures.

Why Consulting with an Experienced Attorney is so Important

The drunk driver's insurance company may try to force you into a low-ball settlement offer or drag proceedings out for as long as possible. Having an attorney who understands Virginia's DUI and personal injury laws cuts through the insurance company's games and puts you on the path to recovery.

Acting Quickly is Crucial to Holding Drunk Drivers Responsible

Virginia, like most states, has strict time limits for filing injury claims. If you file your lawsuit after the time limit (known as the statute of limitations), courts will generally refuse to hear your claim, no matter how compelling your case is or how devastating the damages were. This means that consulting with an attorney as soon as possible helps preserve your legal rights.

Ackerman & Falcon Helps Virginians Recover from DUI Accidents

Ackerman & Falcon has decades of experience holding drunk drivers accountable for the injuries their irresponsibility has caused. If you or a loved one has been injured, call the Ackerman & Falon team at 703-288-1400 or tell us more about your case online.