Drunk Driving Accidents
Drunk Driving -- A Continuing Hazard
Despite increased law enforcement efforts, drunk drivers continue to be a tremendous risk on the road. If you've been the victim of a drunk driver, you'll likely find the insurance company is prepared to fight your case even harder. This is because drunk driving collisions by their nature are more serious. In short, the stakes are higher.
Drunk Driving Cases Differ From the Rest.
Drunk driving cases tend to involve serious collisions and serious injuries. These cases by their very nature require experienced and focused attorneys.
In addition to the serious injuries or even death that can arise from drunk driving, these cases also tend to involve higher emotional and financial ramifications. We know from experience that insurance companies will invest more money, time, and resources on the case when legally defending a drunk driver. Insurers are more likely to take additional defense measures such as hiring teams of
accident reconstructionists or toxicology experts in order to avoid liability.
Therefore, we as attorneys must be aggressive as well if we wish to "even the field" against drunk drivers and their insurance companies.
Proving Intoxication is the Key.
Proving the fault (by intoxication) of the drunk driver may be more challenging than would be expected. Often, we can make use of the evidence compiled by the police in prosecuting the wrongdoer. This may include the officer's field notes, photographs, and observations of the suspect. We typically work closely with police officers to develop this evidence. We can also rely upon the findings of the scientific analysis performed on the suspect's breath or blood sample given after his arrest.
However, in many cases we are unable to make use of this evidence. After all, drunk drivers who cause injury to others are not always caught by the police, or they may be arrested but escape conviction through legal technicalities.
In such cases, we as attorneys are called upon to devise our own solutions. In the absence of police evidence, we have worked with
toxicology experts to prove that a particular driver was in fact drunk on a certain occasion. We have also turned to other forms of evidence such as eyewitness testimony, hospital admission records, and hospital toxicology screenings to prove cases of drunk driving.
The Punitive Damage Issue
In specific cases, victims of drunk drivers may be able to recover additional money damages known as
punitive damages. As the name suggests, punitive damages are intended to punish the wrongdoer and hopefully deter similar conduct in the future. They also provide extra compensation to victims, which is certainly fair. Punitive damages are rare in Virginia, but completely appropriate in drunk driving cases.
We view that punitive damages are a powerful victim's right in the fight against drunk drivers. This form of damages can also be a valuable weapon to "even the field" against their insurance companies and defense attorneys as well. We pursue punitive damages to the fullest extent possible under the law.
In summation, we take drunk driving cases seriously and are proud of our results.
Additional Statistics
According to the National Highway Traffic Safety Administration (NHTSA), in 2009,
11,773 people were killed in alcohol related collisions. This is an average of one death almost every
45 minutes. These deaths amount to
32% of all traffic fatalities.
Blog for Drunk Driving Accidents
Library for Drunk Driving Accidents:
- Virginia Motorists You Would Rather Never Meet
With 1.5 million people arrested for drunk driving per year, the threat continues to hover over all of us Call the Culpeper attorneys of Dulaney, Lauer & Thomas - How Does Alcohol Affect Virginia Driver’s Ability to Drive Safely?
Hurt by a drunk driver in the Culpeper or Warrenton area? You may be trying to find out how alcohol affects a driver’s driving ability. This article lists several different BAC levels and how drivers are typically affected. - Virginia Teen Drivers: Underage Drinking, Driving and Fatal Car Wrecks
Virginia teenagers – even those who do not drink – are at risk of being killed in alcohol-related crashes. Underage drinking is a serious issue in Culpeper and Warrenton, and teens who chose to drink and drive put not only their own lives at risk, but the lives of their friends as well. Education is an important factor in protecting the lives and well-being of young drivers. - It’s not only drunk drivers who are to blame in Virginia DUI crashes
Hurt in a Virginia drunk driving accident? You may be wondering where to turn for help, and what kind of justice you are going to receive for your injuries and suffering. In drunk driving cases, it isn’t always just the driver who can be held accountable for negligent behavior after a crash. Two high jury award cases from across the country show how blame can rest with more than just the driver. - Virginia Supreme Court: Anonymous tip not enough to pull over a drunk driver
If you witness a driver who appears to be driving while intoxicated, it seems reasonable to expect that you can call the police and have them do something about it before the driver causes a serious accident. However, a recent Virginia Supreme Court ruling means this may not happen. A driver who was found to be driving while intoxicated because police stopped him based on an anonymous tip has had his conviction overturned, which could make it difficult for police to keep Virginia’s roads safe from drunk drivers. - Drivers support device to prevent drinking and driving
Without question, drinking and driving is a serious problem in Virginia and across the United States. One proposed solution is to install alcohol detection devices in all vehicles, to prevent driver with a BAC over the legal limit from driving. According to a recent IIHS survey the idea has a surprising number of support from the general public. - Virginia to Crack Down on Drunk Driving
Ever noticed how some drivers think they can evade DUI checkpoints by taking back roads to get home? The good news is that Virginia’s law enforcement officers are finally doing something about this hidden danger. Virginia’s Governor Tim Kaine recently announced the latest crackdown aimed at getting drunk drivers off the road, specifically off of rural roads. With the support of Virginia State Police and local law enforcement officers, the 2008 Checkpoint Strikeforce campaign has been launched – the seventh year running for this initiative. - How Would Lowering the Drinking Age Affect Teen Drivers?
The drinking age debate has become inflamed again recently as over 100 college presidents put their name to a petition urging legislators to lower the drinking age from 21 to 18. However, any student of US transportation history will remember the disastrous effect this change had when it was tried in the 1970s. - Speaker warns Virginia teens about the dangers of drinking and driving
Getting the message that drinking and driving don’t mix through to teen drivers can be challenging. Shrouded in a feeling of invincibility, many young people don’t think twice before engaging in risky behavior like driving while intoxicated. However, DUI survivors like Sarah Panzau are speaking out and trying to give teens an important life lesson. If you are suffering from injuries because of a drunk driver in Warrenton, Culpeper, Fauquier, or Fairfax DUI, please contact Dulaney Lauer & Thomas at 888-907-2631 (Warrenton) or 800-741-1012 (Culpeper) for help. - New technology aimed at keeping drunk drivers off the road
Habitual DUI offenders are a serious issue for many states, including Virginia. Law enforcement officials and alcohol-awareness groups are always looking for ways to keep known drunks off the road to reduce the number of accidents and fatalities that they cause. A new technology is gaining popularity with police departments across the country, as they struggle to cut down on the number of repeat DUIs in their communities. An ankle bracelet called SCRAM, might be the answer to authorities looking for ways to save money and prevent habitual offenders from driving while intoxicated. - The Problem of High-Risk Drunk Drivers in Fatal Crashes
The latest news from NHTSA is chilling. High-risk drunk drivers – those with a BAC higher than 0.15 or a repeat conviction – are mores likely to be involved in a fatal traffic accident than other drivers. While alcohol-related traffic deaths may be down across the country, these high-risk drivers are still a problem and safety officials are wondering what can be done to keep these drivers off the road. - Who is driving drunk, and what can we do about it?
Driving while intoxicated is a major problem in Virginia and the rest of the United States. With 36 people dying every day in the U.S. and another 700 being hurt in alcohol-related crashes, something has to be done. Statistics show us what kind of drivers are at risk for driving while intoxicated, and experts have recommendations for curbing DUI related deaths and injuries. - Minimum Legal Drinking Age Laws
There have been various arguments against having the minimum legal drinking age set to 21. This article discusses research that reflects that these laws have helped decrease the number of deaths caused by drunk driving accidents. If you or a family member has been injured in a drunk driving accident in Virginia, call Dulaney, Lauer & Thomas, LLP at 888-907-2631 for our Warrenton office or 800-741-1012 for our Culpeper office. - Top 15 Ways Drunk Drivers Cause Accidents
Auto accident statistics maintained by the Virginia DMV reveal that impaired drivers contribute to alcohol-related crashes in a variety of ways. With DUI convictions increasing in recent years, find out how impaired drivers are causing accidents and what you can do to keep these drivers off the road. - Impaired Driving – What Can Be Done?
Alcohol-related fatalities are a major problem in the United States. Federal and State governments are attempting to take action and pass laws to cut down on the number of impaired drivers on our roads. The federal government has published a number of guidelines that states are expected to follow in order to reduce fatalities and accidents from impaired drivers, and the state of Virginia has recently enacted new laws in an attempt to reach these goals.
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