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Dulaney, Lauer & Thomas

What You Can Expect from the Defense in a Fauquier County Drunk Driving Crash

You know that the driver who hit you and caused your significant Fauquier County car accident injuries was drunk. You are committed to doing everything in your power to prove that the driver was drunk so that you can get the recovery you deserve and hold the driver responsible for your accident injuries. However, you should expect that the driver is going to aggressively defend your accusation of drunk driving.

Drunk Driving Means Different Things—You Only Need to Prove One

The term “drunk driving” may mean different things, depending on the context in which it used. For example, a person who is accused of causing a Fauquier County drunk driving accident may be accused of being:

  • Criminally negligent. The Commonwealth of Virginia has laws prohibiting drivers from getting behind the wheel if their blood alcohol content (BAC) is 0.08% or greater. A driver who violates this law has committed a crime and an action may be brought by the state against the driver. A different legal standard must be met in a criminal case than in a civil case, and the alleged drunk driver may have a different defense in this case than he would in civil court. While you may have an interest in this case and be a witness in this case, the outcome of the case will not compensate you for your accident injuries.
  • Morally wrong. Drunk driving is not tolerated by many in our society. An accused drunk driver may try to explain why it is not ethically or morally wrong in this particular situation. This, too, is not the standard used in civil court.
  • Civilly liable. A drunk driver may be civilly liable and responsible for paying your damages if he or she is found to have been negligent and caused the accident. Intoxication may be evidence of negligence.

It is only civil liability that you are concerned about in your personal injury action for car accident damages. Thus, you only need to worry about proving that the other driver was negligent and not that the driver violated a criminal law or was morally wrong.

Call a Fauquier County Drunk Driving Lawyer Today to Learn More

For more information about your case and possible recovery, we encourage you to contact one of our experienced Warrenton car accident lawyers today at 540-341-0007 or 888-907-2631 for a free consultation about your rights and possible recovery.