Drunk Driving Accident Lawyer in Lynchburg, VA
Were you hurt in a collision caused by a drunk driver in Lynchburg? Did an intoxicated driver take your loved one’s life? If so, the attorneys at the Law Office of Andrew S. Martin, LLC, want to hear from you right away.
When someone else’s poor decisions cause you serious harm, you deserve financial compensation and justice – especially when someone got behind the wheel while under the influence of alcohol. Talk to a Lynchburg drunk driving accident lawyer today. At the Law Office of Andrew S. Martin, LLC, we will fight to get you and your family the maximum compensation and justice you deserve.
Demanding Justice for Victims of Drunk Driving Accidents
When you or a loved one have been the victim of a drunk driving accident in Virginia, you can seek justice for your injuries and losses in two ways: through the criminal justice system and/or through the civil lawsuit system.
Criminal Justice System
Virginia imposes strict penalties for convictions for drunk driving, including:
- First offense: Mandatory minimum $250 fine and one year driver’s license suspension; mandatory jail term if BAC (blood alcohol content) is 0.15% or higher.
- Second offense: Mandatory minimum $500 fine, three years’ license suspension, possible jail term of up to one year; mandatory jail term if your second conviction was within 10 years of your first offense or if BAC was 0.15% or higher.
- Third offense: Mandatory minimum $1,000 fine, indefinite suspension of license, and prosecution as a Class 6 felony; if the third offense was within 10 years of other offenses, mandatory jail term and permanent forfeiture of the vehicle if you are the sole owner.
- Fourth and subsequent offenses: Mandatory minimum one-year jail term.
Any conviction for DUI also requires the motorist to install an ignition interlock device on his or her vehicle as a condition of restricted driving privileges.
Civil Lawsuits
If a motorist driving under the influence of alcohol gets into an accident, his or her intoxication may be used as evidence that he or she was negligent and his or her negligence caused the accident. Other motorists and passengers who were injured in the accident may then be entitled to file a civil lawsuit to recover monetary compensation for their injuries and damages.
Drunk drivers can be held civilly liable for crashes they cause even if they are never charged with driving under the influence, have their charges dropped, or are acquitted in the criminal system. The criminal and civil matters are separate.
What Can You Be Compensated for in a Drunk Driving Accident Lawsuit?
If you have a legal claim against a drunk driver who caused your motor vehicle accident, you may be entitled to compensation for damages you incurred in the accident, including:
- Past and future medical expenses
- Lost wages or income
- Lost earning capacity
- Lost quality of life
- Pain and suffering
In addition to compensation for personal injuries, you may also be entitled to compensation for property damage from the accident, such as damage to your vehicle or damage to other property inside your vehicle.
How Can a Lynchburg Drunk Driving Accident Attorney Help?
When you have a drunk driving accident claim, you may not know how to pursue the compensation you need and deserve. A Lynchburg drunk driving accident lawyer can help you secure that financial recovery after being the victim of a drunk driving accident. The lawyer will:
- Investigate your accident and uncover evidence needed to prove your claim for compensation.
- Help you document your damages, including medical expenses, lost wages, and pain and suffering.
- Aggressively negotiate with the insurance companies and defense lawyers to secure a full and fair settlement for you.
- Prepare your case for trial, if a settlement isn’t possible, and vigorously advocate for your right to compensation.
How Long Do You Have to File a Claim after a Drunk Driving Accident?
After you’ve been in a drunk driving accident, you have a limited period of time in which to file a lawsuit for your injuries and damages. This period, called the statute of limitations, varies, depending on whether you have a personal injury claim or one for property damage:
- Personal injury: Two years from the date of your accident for claims arising from personal injury.
- Property damage: Five years from the date of your accident for a property damage claim.
Note: if you file a lawsuit after the statute of limitations has expired in your case, the court can permanently dismiss your lawsuit. That means you will lose your right to seek compensation following the accident.
Understanding Virginia Drunk Driving Laws
Under Virginia law, you are considered to be driving under the influence of alcohol if you are operating a motor vehicle with a blood alcohol content of 0.08 percent or higher. You may also be considered to be driving under the influence, even if you have a lower BAC, when your ability to operate your vehicle has been impaired.
If a motorist is involved in a motor vehicle accident, and police have probable cause to believe the motorist is under the influence of alcohol, the motorist can be arrested for DUI within three hours of the crash, at any location, without a warrant.
You may also be arrested for DUI if police find you with an open, partially-empty container of alcohol in the passenger compartment of your vehicle and you exhibit signs of being under the influence of alcohol.
Drunk Driving Statistics in Virginia
According to recent statistics from the Virginia Department of Motor Vehicles:
- The state had 7,482 motor vehicle crashes that were alcohol-related, which represented 5.9 percent of all total crashes.
- Alcohol-related motor vehicle accidents resulted in 262 fatalities, which represented 34.4 percent of all motor vehicle accident fatalities.
- Alcohol-related accidents resulted in 4,855 injuries, which represented 7.2 percent of all motor vehicle accident injuries.
- Virginia had 19,925 convictions for DUI, with an average BAC in those convictions of 0.14%.
Talk to a Drunk Driving Accident Lawyer in Lynchburg Now
If you or a loved one have been involved in a motor vehicle accident with a drunk driver, contact the Law Office of Andrew S. Martin, LLC, today. We will schedule a consultation to discuss the details of your accident. You’ll learn more about your legal rights and options for
obtaining the financial recovery and justice you deserve.
