BenGlassLaw Attorneys Obtain $95,000 Settlement After DUI Incident on Fairfax County Parkway
In a harrowing incident on Fairfax County Parkway in Fairfax, VA, our client, a decorated military veteran, and his wife experienced a terrifying crash. While traveling home, their vehicle was struck from behind at a high speed by a drunk driver, who registered a .15 blood alcohol concentration (BAC)—nearly twice the legal limit. The impact was so forceful that it caused their car to spin, veer off the road, and flip over. Miraculously, both managed to escape without severe physical injuries.
The Legal Penalties for Driving Drunk in Virginia
In addition to being sued for your negligence, Virginia imposes severe penalties on drunk drivers
In Virginia, the penalties for driving under the influence (DUI) can be severe and vary depending on the specifics of the offense, including the driver’s blood alcohol concentration (BAC) and whether it is a first or subsequent offense. Here’s a general breakdown:
1. First Offense:
– Mandatory minimum $250 fine.
– Driver’s license revocation for one year.
– Possible jail time up to 12 months; mandatory minimum jail time if BAC is .15 or higher but less than .20 (five days), and higher if BAC is .20 or above (ten days).
2. Second Offense:
– Mandatory minimum $500 fine.
– Driver’s license revocation for three years.
– Possible jail time up to 12 months; mandatory minimum jail time increases with higher BAC or if the second offense occurs within 5 to 10 years of the prior offense.
3. Third Offense:
– Classified as a Class 6 felony.
– Mandatory minimum $1,000 fine.
– Indefinite driver’s license revocation.
– Mandatory minimum jail term of six months.
4. Additional Consequences:
– Installation of an ignition interlock device on the driver’s vehicle.
– Participation in an alcohol safety action program.
– Increased insurance premiums or possible cancellation.
– Additional penalties if a minor is present in the vehicle, or for property damage or bodily injury resulting from the DUI.
It’s important to note that these penalties can be more severe based on the circumstances and details of the offense, and laws can change. Therefore, consulting with a legal expert or attorney in Virginia is advisable to get the most current and personalized information.
Heroic Actions and Subsequent Assault
Despite the shock of the accident, our client demonstrated remarkable bravery and presence of mind. He not only ensured his wife’s safety by helping her out of their overturned vehicle but also assisted the intoxicated driver in getting to safety. Amazingly, instead of gratitude, our client was assaulted by the passenger of the drunk driver’s vehicle, resulting in a facial injury. The passenger was later charged with assault and domestic violence.
Medical and Psychological Impact
Our client required medical attention for a 1.5 cm laceration to his head, which was treated with a single staple. He also sustained a shoulder tear, including a low-grade surface tear of the distal fibers of the supraspinatus, moderate osteoarthritic changes in the glenohumeral joints, and moderate AC joint degeneration. Furthermore, he suffered from psychological trauma, diagnosed as post-traumatic stress disorder (PTSD), which significantly impaired his ability to perform everyday activities like driving.
Settlement and Importance of Adequate Coverage
This case highlights the critical importance of carrying sufficient uninsured/underinsured motorist coverage. Despite the other driver lacking liability insurance, our client was able to secure a settlement that was eight times greater than his medical expenses. The final settlement with the uninsured motorist carrier amounted to $95,000.
Finding BenGlassLaw
Our client found BenGlassLaw by asking friends and aquaintences about a reliable local car accident lawyer. This specific search led him to our website, where he read about our expertise in handling similar cases and the strong advocacy we provide for accident victims. Impressed by our track record and the positive reviews from previous clients, he knew that our firm was the right choice to handle his complex case.
At BenGlassLaw, we are dedicated to advocating for the rights of those injured in traffic accidents, especially in challenging circumstances involving DUI and uninsured motorists. If you need legal assistance or advice following an accident, contact us for a thorough evaluation of your case.
Brian Glass leads the personal injury division of BenGlassLaw.