On August 16, 2024, Virginia Beach local news reported that a motorcycle driver had been killed in a car accident. Police arrived at the 5000 block of Ferrell Parkway just after 9:00 p.m. that night. They learned that two vehicles were also involved in the crash. A drunk driver was behind the wheel of one of them. Police arrested her and charged her with driving under the influence and DUI refusal.
The police are continuing to investigate the case.
Drunk driving is a crime in every state across the country, including Virginia. The intoxicated driver is typically found liable for any damages incurred by the injured parties. Sometimes, a plaintiff may also be eligible to claim punitive damages in a drunk-driving injury lawsuit.
If you or a loved one were the victim of a car accident involving a drunk driver, reach out to our Virginia Beach car accident lawyers as soon as you can. We can help maximize your chances of receiving the compensation you deserve.
Even a Small Amount of Alcohol Can Impair Driving Ability
The National Highway Traffic Safety Administration (NHTSA) states that every day, about 37 people die in drunk-driving crashes. In 2022, over 13,500 died in alcohol-impaired driving traffic deaths.
When alcohol levels rise in a person’s system, it negatively affects their thinking, reasoning, and muscle coordination. Even a small amount of alcohol can affect driving ability. The NHTSA reports that in 2022, there were 2,337 people killed in alcohol-related crashes where the driver had a blood alcohol content (BAC) of .01 to .07 g/dL, which is below the .08 limit in most states.
How fast a person’s BAC rises depends on many factors, including:
- How many drinks they consume
- How fast they drink
- Their gender (women’s bodies process alcohol less efficiently than men do, so more alcohol remains in their system)
- Their weight
- The amount of food in the stomach
Drunk Drivers May Be Held Liable for Punitive Damages in Virginia
Media reports recently noted that motorcycle accidents are on the rise in 2024. From Memorial Day to June 4th, Virginia State Police recorded 25 deaths across the Commonwealth, and that number is expected to go up.
In the accident mentioned above, the motorcycle driver was a 53-year-old man who died at the scene. Motorcyclists often suffer from severe injuries and deaths in car accidents, as they are much less protected than those in a car or SUV.
To help deter drunk driving accidents, Virginia law allows the victims to hold the impaired driver liable for punitive damages. That means if you, along with your car accident lawyer, determine that it’s best to bring a claim for personal injury or death against the driver, the judge or jury may—at their discretion—award punitive damages if the evidence proves the defendant showed a conscious disregard for the rights of others.
The plaintiff in such a case must be able to prove the following three elements:
- The impaired driver had a BAC of 0.15 (0.08 is legally drunk, so this level is higher)
- The drunk driver knew or should have known that he or she was impaired
- The driver’s intoxication caused the personal injury or wrongful death of the victim
In the case above, the driver refused to submit a blood alcohol test. If this happened in your case, you may be concerned that you won’t be able to prove the first of the above three elements. But Virginia law allows a jury to hold a drunk driver liable for punitive damages when there is no BAC evidence available—particularly if the drunk driver refused the test.
If the driver took a test and the level was below 0.15, the plaintiff may still succeed in his or her case if they can prove that the driver’s conduct was willful and wanton.
When to Hire a Virginia Beach Car Accident Lawyer
If you or a loved one was seriously hurt or killed in a car accident with a drunk driver, contact our Virginia Beach car accident lawyers right away.
We can help you determine what type of financial damages you may be entitled to and will do all we can to ensure that you receive the best possible outcome, as we did for this registered nurse who became permanently disabled after a negligent driver forced her motorcycle off the road. She received a settlement of $1 million.
Wherever you are in Virginia, we can help. We serve not only the Virginia Beach area but also the Portsmouth, Norfolk, and Hampton areas.
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