Did you know that Virginia Beach has the highest number of DUI convictions in the state of Virginia? According to a recent report based on statistical data from 2022, the city leads the way with 1,185 convictions. Comparatively, the second-highest rate is in Chesapeake, with 583.
If you are injured in a DUI crash due to the carelessness of someone else, there are many kinds of damages you can claim in your personal injury case. Understanding these can help you ensure you get the compensation you deserve. Today, we are sharing some of the most common damages that car accident victims collect, and how our legal team can help you take your next steps.
Proving Fault in a Drunk Driving Case
Yes, to make a successful personal injury claim from a drunk driving accident, you will need to prove liability.
To do this, your attorney will consider a number of factors, including the degree of intoxication, which is measured by a blood alcohol test. Your lawyer can use this information to prove that the driver should not have been behind the wheel and did use reasonable care in the operation of his or her vehicle.
In addition to the blood alcohol test results, there are other forms of evidence your attorney will consider in determining the cause of the accident. These can include witness statements, vehicle photographs, videos of the accident, the police report, and photos from the scene.
Factors Involved in a DUI Crash
If you have been involved in a DUI-related crash, there are several factors your legal team will consider when seeking compensation. Here are the most important ones.
At-Fault Parties
When someone drives drunk and an accident occurs, you might assume the drunk driver is fully to blame. While this may be true in some cases, the injured party could also be partially responsible. For example, if a sober driver runs a stop sign and is hit by a drunk driver, both drivers are likely at fault. Virginia is a contributory negligence state, meaning any negligence on the part of the claimant is an absolute bar to recovery. An experienced personal injury attorney can analyze your case to determine if a successful claim can be made.
Injuries Sustained
Drunk driving accidents can lead to physical, mental, and emotional injuries. These can range from minor to very severe or life-threatening. In some cases, they can even be fatal.
The injuries you sustain could affect your quality of life. They can also affect your ability to work and earn an income. If your injuries render you permanently unable to work, you may be entitled to compensation for your future lost earnings.
Common Types of DUI-Related Damages
Here are some examples of the types of damages that you may be able to claim in your DUI-related injury claim:
Medical Expenses
Some of the most common kinds of injuries that can result from a drunk driving accident include:
- Spinal cord injuries
- Internal injuries
- Bone fractures
- Soft-tissue injuries
- Neck injuries
- Traumatic brain injuries
All of these conditions can lead to significant medical bills, and depending on the severity of the injury, the necessary treatment may extend well into the future. Although proving the need for future medical treatment can be difficult, anticipated future medical expenses can make up a substantial portion of an injury claim.
Pain and Suffering
Your mental health and quality of life matter. While there is not a fixed calculation that your car accident attorney can use to measure these non-economic damages, pain and suffering can have a profound effect on your daily life, and these damages are very real. For instance, if you can no longer play with your children or grandchildren, exercise, enjoy hobbies, or even attend to household chores, these are all elements of pain and suffering.
Lost Wages
Has your DUI accident made you unable to work? If so, you may be able to seek compensation for your lost wages. Not only could those damages cover the time you had to take off immediately after the collision, but they may also extend to time away from work to attend appointments for accident-related treatments or therapies after you return to work.
In some severe cases, an accident can cause permanent damage that prevents you from returning to work ever again. When this happens, your lawyer can calculate the amount of money you would have made over your lifetime.
Wrongful Death
If a DUI accident claimed the life of someone you love, you may be entitled to seek wrongful death damages. Wrongful death claims are governed by statute and allow certain family members to recover for things such as sorrow, loss of companionship, and funeral expenses.
Punitive Damages
Factors like lost wages and medical bills are considered special damages, while pain, suffering, and emotional distress are known as general damages. However, there is also a third category of damages that may be applicable to your personal injury claim arising from a drunk driving accident: punitive. In Virginia, punitive damages may be collectable by an injured person if the at-fault driver was heavily intoxicated and/or engaged in especially egregious conduct. An experienced personal injury attorney will know if yours is a claim in which punitive damages may apply.
Find Help After a DUI Crash
Facing the aftermath of a DUI crash can leave you feeling helpless. This is one of the most traumatizing events that anyone could go through, but you do not have to face it alone. If you have been injured in a drunk driving accident, give us a call. The lawyers at Preston, Wilson & Crandley, PLC have experience in handling cases just like yours, and we are here to help.