Drunk Driving Car Accidents in Emporia
Drinking and driving is extremely dangerous, not just for the driver, but also for everyone on the road. Drunk driving car accidents in Emporia can result in serious injuries and major financial strain for the victims of someone else’s careless decision.
If you have been hurt in one of these collisions, you may be able to recover financial compensation to take care of yourself and your family. The seasoned car crash attorneys at Price Benowitz can help you through the legal process of filing a claim against the intoxicated driver. We know that this is a difficult and uncertain time, and we can be by your side from the beginning.
Determining Fault in a Drunk Driving Case
As in all other states, Virginia Code § 18.2-266 strictly prohibits anyone from operating a vehicle while impaired by alcohol. Driving under the influence (DUI) is a crime in Emporia, but crash victims have the right to pursue a civil case. While the criminal court focuses on punishing the offender, a civil case seeks to make the injured victim whole.
The standards are also different, as the prosecutor must prove their case beyond a reasonable doubt, but a civil case only requires a preponderance of evidence. This means that even if the prosecutor cannot secure a conviction, the victim’s claim can still succeed if the evidence shows that alcohol was more likely than not the cause of the collision.
An experienced attorney can also explore whether other parties share responsibility. For example, the bar that overserved a visibly intoxicated customer before they got behind the wheel. However, these instances are heavily dependent on the facts of the case.
What to Do Immediately After a Crash With a Drunk Driver
Knowing the steps to take after being hit by a drunk driver in Emporia is essential for protecting the victim’s health and legal rights. Calling 911 should be first on the list because the police department’s report can often provide useful information about the driver’s intoxication.
It is also vital to receive immediate medical treatment, even if injuries are not apparent. Some conditions, like concussions or internal bleeding, can only be diagnosed by a trained professional. Additionally, the medical records can link the damages directly to the wreck. If possible, take photos of the vehicles involved and the scene of the accident, and gather contact information from witnesses.
Most importantly, seeking legal assistance should be done as soon as possible. Under Va. Code. § 8.01-243, victims have two years from the date of the incident to file a claim. Victims should also avoid talking to the other driver’s insurer before consulting with a lawyer, as adjusters may try to downplay liability and push for a lower settlement.
What Types of Compensation Could be Available?
Emporia drivers hurt in drunk driving collisions could recover both economic and non-economic damages. Economic losses include medical expenses, lost wages, and property repairs. Non-economic damages account for pain, emotional distress, and loss of enjoyment of life.
In particularly egregious cases, such as when the driver’s blood alcohol content far exceeds the legal limit, or they have prior convictions, the court may award punitive damages under Va. Code. § 8.01-44.5. This is intended to punish extreme negligence to deter future behavior.
Contact an Attorney If You Have Been Hit By a Drunk Driver in Emporia
Making a full recovery from a wreck caused by an intoxicated driver can take months or even years. You deserve the chance to rebuild your life without the financial hardship of unpaid bills or lost wages.
With skilled guidance from Price Benowitz, you can pursue justice through a civil claim that holds the negligent driver accountable. To learn more about the legal options available to victims of drunk driving car accidents in Emporia, call us today for a free case evaluation.
