The driver that hit me received a DUI, can I sue the bar that he was at prior to driving into me?

Not in Virginia.  In order to hold a person or a business who serves alcohol responsible for the actions of an intoxicated person, you would have to be in a State that followed Dram Shop Liability laws. Virginia is one of only a few states that do not follow such laws.  (Dram refers to the old term by which alcohol was measured).  While states like Virginia feel the individual should be responsible for their own actions, there are many organizations like MADD (Mothers Against Drunk Drivers) that argue these laws reduce alcohol-related crashes and serve a similar purpose of responsibility to the establishment that did not reasonably cut them off when obviously drunk or call them a cab.

Kellam T. Parks
Managing Member of Parks Zeigler, PLLC