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Serving Drunk Driving Accident Victims Across Virginia
Drunk driving accidents can be devastating for victims and their families. When a driver chooses to get behind the wheel while intoxicated, they are not only breaking the law, but they are also putting themselves and others at risk of serious injury or suffering a preventable death.
If you or a loved one has been injured in a drunk driving accident in Virginia or Washington, D.C., you need an experienced attorney on your side to help you recover the compensation you deserve.
Each Alexandria drunk driving accident lawyer on our team understands the physical, emotional, and financial toll that a drunk driving accident can take on victims and their families, and we are here to help you through this difficult time. Contact our firm, Curcio Law, for a free case review consultation.
How Big of a Problem Is Drunk Driving in Virginia?
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Drunk driving, referred to as driving while intoxicated (DWI) in Virginia state statutes, is a big problem. Data collected by the Virginia Department of Motor Vehicles (DMV) shows that:
- In 2022, 27 percent of all traffic fatalities were alcohol-related in Virginia; 274 of 2022’s 1,005 fatalities were alcohol-related
- In 2022, 14,247 people were convicted of drunk-driving-related offenses in Virginia
- On average, one person was killed, 11 people were injured, and 19 crashes occurred, which were all alcohol-related, every day in Virginia in 2022
If there can be any good news surrounding this topic, it’s that the number of alcohol-related fatalities declined by 28% between 1992-2022 in our state, though.
Understanding Blood Alcohol Concentration and Other Details About Legal Limits
In Alexandria, as in the rest of Virginia, it is illegal to drive with a blood alcohol concentration (BAC) of .08 or higher. For commercial drivers, the legal limit is .04, and for drivers under 21 years of age, any amount of alcohol in the bloodstream can result in that motorist facing criminal charges.
The number of drinks it takes to reach these BAC levels can vary depending on factors such as weight, gender, and how quickly the drinks are consumed. As a general rule, however, most people will reach a BAC of .08 after consuming four to five drinks within two hours.
If a driver is found to have a BAC above the legal limit, they can be charged with a DWI. These charges are separate from any civil claims for personal injury or wrongful death that may arise from the accident.
What Is Buzzed Driving?
A driver doesn’t have to hit the .08 BAC to be compromised. At a .02, it can trigger a decline in visual function. If a driver has a BAC of .05, they can experience diminished ability to track moving objects and have difficulty steering. Although those BAC results might not lead to a citation or conviction, your Alexandria drunk driving accident lawyer could use the evidence as proof of negligent driving when pursuing a civil claim on your behalf against the motorist who struck you.
Why DWI Wrecks in Alexandria Are Different
Unfortunately, drunk driving collisions are more likely to lead to catastrophic injuries than auto accidents with sober motorists. Drivers who are intoxicated have:
- Slower Reaction Times – Alcohol slows a driver’s ability to react. This leads to drunk drivers crashing into others at a high rate of speed because they were unable to press the brake before the crash.
- Impaired Motor Skills – Alcohol impacts a driver’s cerebellum, which is the part of the human brain that controls motor skills and balance. A drunk driver will have trouble controlling the vehicle due to this impairment, and that lack of control can lead to head-on collisions.
- Blurred and Tunnel Vision– Alcohol slows pupil dilation, which means that the driver’s eyes will adjust to light slower than normal. This can lead to blurred vision and a lack of peripheral vision, which is known as tunnel vision. The delay in reacting to light can also lead to head-on and T-bone collisions as the drunk driver is unable to respond to the other driver’s headlights in time.
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Drunk driving has consequences. If you were injured by an intoxicated driver, Curcio Law is here to help. Reach out now to schedule a no-cost case evaluation with an experienced attorney.
Common Injuries Caused by Drunk Driving Accidents
Drunk driving accidents can result in a wide range of injuries, from minor cuts and bruises to catastrophic and life-altering conditions. Some of the most common injuries that victims of drunk driving accidents may sustain include:
- Traumatic brain injury (TBI): A TBI can occur when the head is struck or shaken violently, causing damage to the brain. TBIs can result in a range of symptoms, including headaches, dizziness, memory loss, and cognitive impairments.
- Spinal cord injury: A spinal cord injury can occur when the spinal cord is damaged or severed in an accident, resulting in partial or complete paralysis, loss of sensation, and other long-term impairments.
- Broken bones: Fractures of the arms, legs, pelvis, or skull are common in car accidents.
- Internal injuries: The force of a car accident can cause damage to internal organs such as the liver, spleen, or kidneys, which can require surgery and other intensive medical treatment.
Compensation You Can Recover if an Intoxicated Motorist Struck You in Alexandria, VA
If you have been injured in a drunk driving accident in Virginia, you may be entitled to recover compensation for a variety of damages. Some of the damages that may be recoverable in a personal injury lawsuit or insurance claim include:
- Medical expenses: This includes the cost of emergency treatment, hospitalization, surgery, medication, rehabilitation, and other medical expenses related to your injuries.
- Lost wages: If you have to miss work due to your injuries, you may be able to recover compensation for your lost income.
- Compensation for physical pain: This includes a financial recovery for physical pain suffered in the past, and if ongoing, pain to be suffered in the future.
- Financial losses associated with your mental anguish: The law recognizes that with a crash and physical injury and pain comes mental anguish (worry and stress) and you are entitled to be compensated for mental anguish suffered in the past, similar to physical pain, to be compensated for mental anguish suffered in the future.
- Compensation for any inconvenience you had to deal with: Injuries and needed treatment interrupt your busy personal and professional lives and you are entitled to be compensated for such inconvenience.
- Punitive damages: In some cases, the court may award punitive damages to punish the drunk driver for their reckless behavior and to send a message to others not to drive drunk.
What To Know About the Awarding of Punitive Damages After a Drunk Motorist Strikes You
Since we can’t wave a magic wand to heal the injured, the civil justice system is set up to compensate those who were injured due to no fault of their own. In some situations, the behavior of the at-fault party is so egregious that in addition to compensating the injured, the civil justice system allows for punitive damages.
The purpose of punitive damages is to punish the wrongdoer and protect the public by providing an example to deter others from engaging in the same behavior. Drunk driving is a form of conduct that is so egregious that punitive damages can be awarded.
Punitive damages can be awarded in any situation where the wrongdoer acts with a willful and wanton disregard of other’s rights. In Virginia, the law is that punitive damages are to be awarded against any drunk driver who causes an accident with a BAC over 0.15.
Understanding How Criminal and Civil Drunk Driving Cases Differ
At an accident scene, a driver who is found to be driving under the influence could be arrested on the spot and have their car impounded and their license suspended. That automatically moves them into a criminal charge that will need to be resolved in criminal court. However, the outcome of that trial doesn’t automatically impact your claim. For instance, a driver could be charged with a felony DWI but plea down to a misdemeanor. If it is a first offense, the judge might be even more lenient.
If your claim is denied by the insurance company or they want to settle for a lower amount, you and your Alexandria drunk driving accident lawyer could decide to file a civil complaint. The same evidence used in the criminal trial can be used in your civil lawsuit. Many times, insurance companies are hesitant to defend their policyholders in court. That could mean reaching a decent settlement before the trial begins.
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Cases in Alexandria, VA Involving Inebriated Motorists That We Have Handled
Our drunk driving accident attorneys have experience in maximizing compensation for our clients who have been injured by intoxicated motorists. Here are a few of the many cases that we have handled involving drunk driving:
- A drunk driver thought he put his car in drive, but it was in reverse. As he pressed the gas, his vehicle traveled backward in the parking lot of a grocery store and hit our client, who was putting groceries in his trunk. The client was pinned between the two vehicles and had to have both legs amputated.
- An intoxicated motorist jumped the curb and crashed into the back of our client, who was walking to work. The client, unfortunately, succumbed to his injuries.
- An inebriated driver is pulled over on suspicion of driving drunk. While pulled over, he attempted to flee the scene, but a police officer followed him. While fleeing, the drunk driver traveled over 90 mph and ran multiple red lights. That motorist ended up T-boning our clients at a high rate of speed.
- A drunk driver travels northbound on the southbound lanes of the interstate and crashes head-on into our client and causes their vehicle to flip and roll onto its roof.
- A motorist who’s drunk speeds and runs a red light, causing a T-bone collision in Old Town
- A drunk driver commits hit and run collision
Let an Alexandria Drunk Driving Accident Lawyer in Our Office Protect Your Rights
If you, your spouse, kids, or family member was injured or prematurely killed by a drunk driver, it is important to contact experienced attorneys like the team working at Curcio Law in order to maximize your recovery.
Any Alexandria drunk driving accident lawyer on our team can competently provide you with the supportive information you need during your first consultation to decide how you should proceed with your claim.
Having answers can bring you peace of mind during your healing process, so get in touch with us if you’re hurt or grieving a family member’s sudden loss now.
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