The $125,000 Car Accident With a Drunk Driver
The accident occurred during the afternoon of February 26. The plaintiff was sitting at a light on Sunrise Valley Dr. in Reston, VA, waiting to turn left onto Wiehle Ave when she was struck on the left side by a vehicle that had run a red light. The defendant was driving the vehicle. Prior to the accident she was traveling from her home in Prince William County to her office in Reston but went to the hospital following the accident.
The Injuries Caused by the Drunk Driver in Reston
She had mostly soft tissue injuries and treated conservatively for about a year. She received care from chiropractors, physical therapists and pain management specialists.
The Insurance Company Refused to Make a Reasonable Offer Because the Injurie Were Not Serious
We attempted to negotiate the case with the insurance company before filing suit. They made a final offer before we filed suit of just $7,500. After consulting with our client, we rejected that offer and filed suit.
The Claim for Punitive Damages for Against the Drunk Driver
In our lawsuit we claimed the Defendant’s conduct was so willful and wanton that it showed a conscious disregard for the rights of the Plaintiff. The Defendant was intoxicated at the time of the accident. The Defendant was found in possession of illegal drugs at the scene of the accident.
The drunk driver then assaulted the police officer at the scene of the accident. The Defendant unreasonably refused to submit to a test of his blood alcohol content as required by Virginia Code § 18.2-268.2. The Defendant was subsequently charged and convicted of Driving While Intoxicated under Virginia Code § A18.2-266. The Defendant’s intoxication was a proximate cause of the injuries to the Plaintiff.
At deposition the defendant testified that he had drank 6-8 “shots” for breakfast; knew that this would impair his driving; knew that he was a danger, and chose to drive anyway.
Months after the accident the defendant posted notes on his open Facebook page, bragging about how many alcoholic drinks he consumed in a weekend.
Here are the penalties for a first time drunk driver in Virginia.
First Offense DUI
- BAC under 0.15%: Mandatory minimum fine of $250, driver’s license suspension for one year.
- BAC 0.15% to 0.20%: Mandatory minimum fine of $250, and a mandatory minimum jail sentence of five days, in addition to the penalties for a standard DUI.
- BAC above 0.20%: Mandatory minimum fine of $250, and a mandatory minimum jail sentence of 10 days.
The defendant served 15 days in jail.