Pursuing Justice for Drunk Driving Accident Victims
There is no doubt that driving under the influence of alcohol puts drivers and everyone else on the road at risk of severe injury, yet drunk driving remains a problem throughout the United States. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that more than 10,000 U.S. residents are killed every year as a result of drunk driving accidents.
For over 65 years, Ashcraft & Gerel has represented drunk driving accident victims in civil lawsuits. Through our fearless advocacy, we have recovered more than $1 billion for our clients. We are proud to work in a field that allows us to help injured individuals get back to what matters most to them while, at the same time, preventing the same harm from coming to others.
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Common Injuries Caused by Drunk Driving Accidents
Drunk driving accidents may result in a variety of injuries or all the harm may be limited to vehicular property damage. At Ashcraft & Gerel, we are passionate about helping individuals who have been catastrophically injured seek accountability, as the worse the injury, the less likely the at-fault party will own up to what they have done.
Our drunk driving accident lawyers handle cases involving:
- Abrasions
- Cuts and lacerations
- Broken bones
- Spinal cord injuries
- Partial or complete amputation
- Neck and back injuries
- Orthopedic injuries
- Traumatic brain injuries
- Wrongful death
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Virginia Drunk Driving Laws
Per state law, a person is considered too drunk to drive if their blood alcohol concentration (BAC) is 0.08% or above. If a driver is under the legal drinking age, this minimum is reduced to a BAC of only 0.02%.
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Do DUI Criminal Cases Affect Civil Cases?
State law enforcement is known to be tough on drunk drivers, and it is very likely that your case will coincide with criminal court proceedings concerning the at-fault party’s charge for driving under the influence (DUI).
Criminal court is, however, an entirely separate entity from civil court, where you will be taking legal action. Thus, theirDUI charges will not have any impact on your civil court case. You do not even need the at-fault party to be convicted of a DUI to win your case, since a person is liable for any injury they cause to another in an accident — regardless of whether alcohol was involved.
For example, a driver may be held responsible for an accident if they committed any of the following negligent acts:
- Driving recklessly
- Speeding
- Making unsafe lane changes
- Failing to yield the right of way
- Ignoring stop signs or red lights
- Violating traffic laws
Therefore, even if they are found to be not guilty of a DUI, you may still be entitled to compensation as long as you were not at all liable for the car accident yourself. If you are found to be even 1% at fault, the state’s contributory negligence rule will deem you ineligible for compensation.
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How a Drunk Driving Accident Lawyer Can Help You
Due to the state’s rule of contributory negligence, DUI accident cases can be difficult for injured individuals to navigate. Our Fairfax drunk driving accident attorneys at Ashcraft & Gerel can help you investigate your case and gather evidence to strengthen it. We will utilize all our resources and explore all available avenues in our fight for your full compensation, which may include pain and suffering, medical expenses, vehicular damage, missed time from work, and more.