Drunk Driving Accident Claims Involve Compensatory and Punitive Damages
Drunk driving accident litigation can involve both claims for compensatory damages and punitive damages. Across the country thousands of people die every year because of alcohol related automobile accidents. In Virginia almost a third of all traffic fatalities are alcohol related.
Drunk driving injuries may entitle you to punitive damages.
Typically, you are only entitled to what are called “compensatory damages” as a result of a tort injury. If the party causing the injury was a drunk driver, then you may be entitled to punitive damages. Punitive damages go beyond compensatory damages and are designed to punish the wrongdoer for that person’s conduct.
In Virginia if the drunk driver has a blood alcohol content that exceeds .15 and at the time of the accident that driver knew or should have known that his ability to operate the vehicle was impaired or would be impaired if he became intoxicated and indeed that driver’s intoxication then caused injury to you then you may be entitled to punitive damages. Even if you do not have a claim for punitive damages you still have a claim for compensatory damages, i.e. to compensate you fully and fairly for your injuries.
Brien Roche is an attorney practicing in Northern Virginia with specific experience in drunk driving accident law. Contact Brien today if you or a loved one has been injured by a drunk driver.
