Drunk driving accidents are probably less common today than they were years ago. The overall public education of the dangers of drinking and driving have been effective. Now the risk however may be increased from the use of various drugs that are mind-altering which can pose as big a threat as alcohol.
Liability Coverage
If the other driver has been charged with drunk driving, then you may be able to obtain the coverage on that vehicle even though you’ve not submitted the bills and records yet. See Va. Code § 8.01-417.
In addition there may be a basis for an award of punitive damages against the drunk driver if that person’s BAC is 0.15 or greater.
Drunk Driving Accident Tips-The Lawsuit
If a lawsuit has to be filed against the drunk driver, then it’s important to look at different forms of conduct on the part of the defendant. Was there a mixing of drugs and alcohol? Was there aggressive driving involved? Are there any prior convictions?
The purpose of the punitive claim is to deter future bad conduct and also to punish for the past bad conduct.
Open Containers
If the other motorist had an open container in the car, then under Va. Code § 18.2-323.1 there arises a presumption that the driver has consumed an alcoholic beverage.
Drunk Driving Accident Tips-The Investigation
The investigation of a drunk driving accident certainly begins at the scene of the crash. It’s important however to also look at the court record to see if there is any prior conviction or arrest for drunk driving. You must then obtain all of the records relating to the defendant. This can be obtained from the defendant’s criminal file at the courthouse. This may require the issuance of a subpoena.
There may arise an issue as to whether or not a punitive claim would be covered by a liability policy. It may not be. If however you’re able to tap into the underinsured motorist coverage, that coverage probably would cover a punitive damage claim.
Consult With a Personal Injury Lawyer in the DMV Area for Your Car Accident Case
Call or contact us for a free consult. pages. Also see the post on this site dealing with accident investigation issues.
For more information on drunk driving see the pages on Wikipedia.
