Thomas H. Roberts & Associates, P.C.

VIRGINIA Accident attorneys

CALL 804-783-2002

HIT BY DRUNK DRIVER – INJURED BY DRUNK DRIVER

 

With around 300 deaths each year caused by drunk drivers in Virginia, there are many more hit by a drunk driver and injured by drunk drivers.  There is nothing just or fair about suffering from injuries caused by a drunk driver. 

 

Many years ago, Thomas H. Roberts & Associates, PC took the position and litigated that a drunk driver may not hide behind bankruptcy to be relieved of responsibility for injuries caused by drunk driving.  Driving or operating a motor vehicle while under the influence of alcoholic beverages or other self-administered intoxicants and/or drugs is unlawful in Virginia.  Va. Code 14.1-1. 11 U.S.C. 523(a)(9) specifically excepts debts arising from intoxicated driving from discharge.  The very purpose for the provisions of 11 U.S.C. ' 523(a)(9) is that of deterring and not rewarding drunk driving in the United States as well as preventing drunk drivers from using bankruptcy procedures as an aegis of sorts to escape the consequences of their crimes.

 

You should engage an attorney who is experienced in representing victims hit by drunk drivers in Virginia. 

 

To obtain punitive damages, a jury must find either intentional conduct or willful and wanton negligence.  Their primary purpose is to warn others and punish the wrongdoer 'if he has acted wantonly, oppressively, or with such malice as to evince a spirit of malice or criminal indifference to civil obligations. Willful or wanton conduct imports knowledge and consciousness that injury will result from the act done.  The definition of willful and wanton negligence is "action undertaken in conscious disregard of another's rights or with reckless indifference to consequences with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct probably would cause injury to another." Doe v. Isaacs, 265 Va. 531, 535, 579 S.E.2d 174, 176 (2003)

 

 

Code § 8.01-44.5 states in relevant part:

In any action for personal injury or death arising from the operation of a motor vehicle, engine or train, the finder of fact may, in its discretion, award exemplary damages to the plaintiff if the evidence proves that the defendant acted with malice toward the plaintiff or the defendant's conduct was so willful or wanton as to show a conscious disregard for the rights of others.

A defendant's conduct shall be deemed sufficiently willful or wanton as to show a conscious disregard for the rights of others when the evidence proves that (i) when the incident causing the injury or death occurred, the defendant had a blood alcohol concentration of 0.15 percent or more by weight by volume or 0.15 grams or more per 210 liters of breath; (ii) at the time the defendant began drinking alcohol, or during the time he was drinking alcohol, he knew or should have known that his ability to operate a motor vehicle, engine or train would be impaired, or when he was operating a motor vehicle he knew or should have known that his ability to operate a motor vehicle was impaired; and (iii) the defendant's intoxication was a proximate cause of the injury to or death of the plaintiff.

However, when a defendant has unreasonably refused to submit to a test of his blood alcohol content as required by § 18.2-268.2, a defendant's conduct shall be deemed sufficiently willful or wanton as to show a conscious disregard for the rights of others when the evidence proves that (i) when the incident causing the injury or death occurred the defendant was intoxicated, which may be established by evidence concerning the conduct or condition of the defendant; (ii) at the time the defendant began drinking alcohol, or during the time he was drinking alcohol, he knew or should have known that his ability to operate a motor vehicle was impaired; and (iii) the defendant's intoxication was a proximate cause of the injury to the plaintiff or death of the plaintiff's decedent. A certified copy of a court's determination of unreasonable refusal pursuant to § 18.2-268.3 shall be prima facie evidence that the defendant unreasonably refused to submit to the test.

If you were hit by a drunk driver you should contact legal counsel immediately.