Despite numerous laws against it, drunk driving remains a common occurrence in the United States. If you or a loved one were injured due to the negligent actions of a drunk driver, a local car accident attorney from the Warren law Firm could be of assistance. A knowledgeable Charlottesville drunk driving accident lawyer could collect evidence to help the intoxicated driver’s negligence and help you seek the compensation you need.
In Charlottesville, drunk driving accidents often occur late at night. They typically occur with younger drivers who may be leaving the downtown area or The Corner after the bars closed. Fortunately, The Corner contains mostly students who are walking and not driving.
Most drunk driving accidents occur when the intoxicated motorist loses control due to inattentiveness or inability to control the vehicle, particularly on the back roads as they get into Albemarle County. Drivers may get confused or are so impaired that they end up going the wrong way on Interstate 64, which has the potential for catastrophic accidents because of the speed of the vehicles on the interstate.
The speed limit on the interstate is 65 miles an hour, and if a drunk driver is going the wrong way even at 50 or 60 miles an hour, an impact with a vehicle going the other way can be devastating.
The drunk driving criminal case and the injury case are handled separately. A Charlottesville attorney can handle the criminal case against the drunk driver following your accident. They will do the investigation and try the case before a judge or a jury, if needed. The injured party will have little say because the Commonwealth attorney is the one who decides to prosecute the driver.
If the injured party pursues a personal injury claim, the drunk driver could be held civilly liable for damages. Once the injured party’s attorney proves the drunk drivers negligence, it is likely that they will be found responsible or liable for the accident in civil court.
Often in personal injury cases there is not enough insurance to compensate the injured party. We often recommend settling cases for the insurance proceeds that are available because if we go to trial it will be expensive and there is a good chance that the defendant will file for bankruptcy. If the case involves the defendant driving drunk and causing a collision, then it is possible that he cannot discharge the verdict through bankruptcy.
Criminal cases move much faster because defendants have constitutional rights to a speedy trial and it does not require that the injured party reach maximum medical improvement. In the civil case, it is difficult to resolve, and they often have to wait until the injured party has fully healed.
If a driver operates their vehicle under the influence, they could be held liable for the injured party’s damages. The injured victim may be eligible to recover economic, non-economic, and possibly punitive damages. The most common types of recoverable damages include:
An experienced attorney in Charlottesville could calculate the injured party’s damages following a drunk driving wreck and seek compensation from the negligent driver.
Compensatory damages are different in a case involving injuries then those involved in a wrongful death case.
Because the jury will likely hear about the conduct of the defendant driving intoxicated at such a high blood alcohol content, they are likely to award higher compensatory damages even if they award no punitive damages or a low punitive damage amount.
Depending on the severity of the accident and the victim’s injuries, the injured party may be entitled to punitive damages. In Virginia, the legal limit for driving is under 0.08. If they were driving with a 0.08 blood alcohol content (BAC) level, they will likely be charged with a driving under the influence (DUI). However, to be awarded punitive damages in Virginia, the drunk driver must have at least a 0.15 BAC.
The major difference in the DUI injury case in Virginia is that the injured party can seek punitive damages against the person that was driving drunk. Punitive damages are in addition to the compensatory damages that are available to the injured party in all Virginia injury cases.
The purpose of punitive damages are two-fold. The first purpose is to deter this type of action from the individual person in the future. The second purpose is to send a message to the community that this type of behavior will not be tolerated.
Changes of receiving punitive damages seem to increase if the defendant had previous DUI charges. Some juries award large sums for punitive damages or award none, even though the defendant was very intoxicated. As with all cases, the result of each case will depend on the specific facts and which jurors hear your case.
Despite numerous laws against it, drunk driving remains a common occurrence in the United States. In Charlottesville, drunk driving accidents often occur late at night. They typically occur with younger drivers who may be leaving the downtown area or The Corner after the bars close. Fortunately, The Corner is mostly populated by students who are walking and not driving.
Most drunk driving accidents occur when the intoxicated motorist loses control due to inattentiveness or inability to control the vehicle, particularly on the back roads as they enter Albemarle County. Drivers may get confused or be so impaired that they end up going the wrong way on Interstate 64, which has the potential for catastrophic accidents because of the speed of the vehicles on the interstate.
The speed limit on the interstate is 65 miles an hour, and if a drunk driver is going the wrong way, even at 50 or 60 miles an hour, an impact with a vehicle going the other way can be devastating.
In cases where a drunk driver hurts the plaintiff, they are entitled to seek compensation for damages, just like in any other car accident case. The damages that all injured parties are entitled to seek include economic and non-economic damages.
An experienced personal injury lawyer in Charlottesville could calculate the injured party’s damages following a drunk driving wreck and seek compensation from the negligent driver.
The Virginia code allows punitive damages if the plaintiff’s attorney can prove:
If these elements are present in the case, the injured victim may be able to request punitive damages from the courts.
You can seek punitive damages for drunk drivers with a BAC of less than 0.15, but it is difficult to prove. In order to be successful in this case, the victim’s attorney must rely on Virginia case law to prove eligibility for punitive damages. The lawyer must show that the drunk driver was maliciously trying to hurt the victim.
The attorney must try to prove that the defendant’s actions amounted to a willful and wanton disregard of the plaintiff’s rights. The jury can award punitive damages to deter the accident from happening again. Suppose it is someone’s second or third driving under the influence (DUI) offense. In that case, it is more likely that a jury would award punitive damages because they continued to drive while intoxicated despite repeated punishments.
Punitive damages could also be awarded if the driver refused to give the breathalyzer or blood test. This prevents people from avoiding having to pay punitive damages due to the lack of BAC evidence.
Virginia law limits punitive damages to no more than $350,000. It is also possible for the jury to hear about what assets the defendant has in order to determine what would be appropriate punitive damages. Monetary punishments will likely be applied differently for people depending on their financial situation. The courts will determine the acceptable amount to be awarded.
Blood alcohol content (BAC) tests are not always accurate. There may be an extended period of time between the accident and the administering of the test, and someone’s BAC level can drop in that period. It is common to assume that someone’s BAC level at the time of the accident was at least the amount shown on the test, if not higher. Thus, a BAC of just below .15 might not necessarily clear them. Someone may have been drinking immediately before an accident, so their BAC test is higher than at the time of the accident.
In some instances, a Charlottesville car accident attorney could retain a toxicologist as an expert to help determine the BAC of the defendant at the time of the collision. The expert can use the time between the wreck and the elimination rate to determine a range of BAC at the time of the crash.
The drunk driving criminal case and the injury case are handled separately. A Charlottesville attorney can handle the criminal case against the drunk driver following your accident. They will conduct the investigation and, if needed, try the case before a judge or a jury. The injured party will have little say, as the Commonwealth attorney decides whether to prosecute the driver.
If the injured party pursues a personal injury claim, the drunk driver could be held civilly liable for damages. Once the injured party’s attorney proves the drunk driver’s negligence, it is likely that they will be found responsible or liable for the accident in civil court.
Criminal cases move much faster because defendants have constitutional rights to a speedy trial, and it does not require that the injured party reach maximum medical improvement. In the civil case, it is difficult to resolve, and they often have to wait until the injured party has fully healed.
Due to the criminal nature of driving while intoxicated, there may be an extra layer of complication when seeking damages in a drunk driving case. But you do not need to handle your case alone. Reach out to a Charlottesville drunk driving accident lawyer from The Warren Firm to learn if you might have a reasonable claim of damages.
