Prince William County Drunk Driver Car Accident Cases

Drunk driving accidents can result in serious property damage as well and severe injuries. As a result, it is important for people to be aware of their ability to pursue Prince William County drunk driver car accident cases. By pursuing a case, an individual could potentially recover compensation for damage done to their property or injuries they may have sustained. Those who have been involved in an accident should speak with a capable attorney to learn more filing a claim.

Involvement of the Injured Party in the Personal Injury Claim

The involvement of the injured party in the legal process depends on how extensive the legal process goes. There are many stages of a personal injury claim. Many of these cases are settled before the attorney has to file the case in court. Oftentimes, the injured party is responsible for seeing the doctor, seeing all the appropriate specialists, and getting the treatment that they need. In terms of the legal work, they have to be responsive to their attorney’s questions, but if the case is settled during negotiations and before the lawyer files the case, then the person is not very much involved at all.

When the attorney has to file the case in court, the injured party becomes more involved. They might have to attend depositions, and they would probably need to prepare for their depositions with the attorney. They will need to go to trial, which could last multiple days. This all depends on the extent of the injuries and how much the plaintiff is asking for in their complaint, but the injured party’s participation in the legal process usually steps up when the case is filed. Their involvement is relatively minimal if the case can be negotiated and settled before the court system is involved.

Damages in Drunk Driving Cases

During Prince William County drunk driver car accident cases, the plaintiff often will seek the usual types of damages. These include medical bills,, pain and suffering, and lost wages, if applicable. It is also possible that someone could seek punitive damages when the other person has been drinking. To receive punitive damages, the other driver would have to do some behavior that is so outrageous that it shocks the conscience, which includes driving drunk.

What if the Injured Party Was Also the Drunk Driver?

If someone is injured and they are also the drunk driver, it is very unlikely that they will be able to recover for their injuries from the other person. It would have to be a very rare case where a drunk driver is not found to be contributorily negligent; they would have to be in a parked car or something like that for them not to be considered slightly negligent.

If someone is on the road and they are drunk, it is very likely that a judge or jury will see that they were at least 1% negligent for the accident. If they are found to be 1% contributorily negligent or more, that bars their recovery from the other person in the lawsuit. This means they will have to pay for their own medical bills, but their own insurance will probably cover their own property damage. It would be difficult to recover from the other party if they have had too much to drink while driving.

Negligence in Drunk Driving Accident Cases Prince William County

If the injured person is partially responsible for the accident, that would mean that they are contributorily negligent, which means that they are barred from recovery. In Virginia, Maryland, and DC, the injured party has to show that the tortfeasor is 100% responsible for the accident.

If the injured party is even 1% responsible, that bars their entire claim for recovery. Even if the other driver was drunk, acting irrationally on the road, and violating multiple traffic laws, if the injured party is to be found 1% negligent, then that completely bars their case. It is an unfortunate law for injured people in the states of Virginia, Maryland and DC, but that is the law when it comes to Prince William County drunk driver car accident cases.