When a driver fails to adhere to the rules of the road and causes an accident, they may be liable to injured parties under the theory of negligence. Drunk driving is one form of driving negligence. In addition to possible criminal charges, a driver driving under the influence of drugs or alcohol in Virginia who causes an accident may be liable to those injured in the accident.
Proving negligence after a drunk driving accident
The key to any successful negligence claim is establishing that a duty was owed to the injured party and that the duty was breached. Virginia drivers have a duty to other motorists on the road to operate their vehicles safely. A breach of that duty occurred when the driver drove while impaired. The breach of duty must also be the cause of any damages that occur.
To prove negligence, you may provide evidence including:
- Police reports detailing the accident and any citations that were given out at the scene.
- Photos and videos of the accident and the scene of the accident.
- Eyewitness testimony.
- Testimony from experts about how the accident occurred and the severity of your injuries.
What damages can I recover after a drunk driving accident?
There are several types of compensation available to people injured in accidents caused by drunk drivers. This compensation may include:
- Medical expenses: The injured party recover expenses relating to hospital stays, surgeries, treatments and procedures, and rehabilitation.
- Lost wages: If the injured party missed work due to their injuries from the accident, they may recover the amount they would have earned if they had been able to work, as well as potential future earnings.
- Pain and suffering: The injured party may recover damages to account for their physical pain, emotional distress, mental anguish, and loss of enjoyment of life.
- Property damage: The injured party may recover costs relating to the damage or replacement of their vehicle or other personal property that sustained damages in the accident.
Driving while impaired puts lives at risk. If you were injured in a drunk driving accident, the impaired driver may owe you damages.