Can You Sue for Punitive Damages After A Drunk Driving Accident in Virginia?

by: David Moyer

Compensatory vs. Punitive Damages in a Virginia Injury Case

In most personal injury cases, plaintiffs receive compensatory damages to cover their losses. Examples of compensatory damages include economic damages such as medical bills and lost wages, and non-economic damages such as pain, suffering and mental anguish.

There is also a classification of damages called punitive damages. Punitive damages can be awarded when the wrongdoer’s conduct was so deliberate or reckless that it reflects a conscious disregard for the safety of others. The possibility of punitive damages may arise in cases where the at-fault party operates a motor vehicle while under the influence of alcohol.

Punitive damages are meant to punish the driver for their reckless behavior and send the message that this level of conduct will not be tolerated. What does this mean for your drunk driving injury case?

Can You Sue a Drunk Driver for Punitive Damages in Virginia?

The victim of a drunk driver has the statutory right to seek punitive damages when three facts can be proven by the greater weight of the evidence.

Virginia Code 8.01-44.5 sets forth the following necessary facts:

1.      The at-fault driver’s blood alcohol concentration was .15 or higher at the time of the accident;

2.      The at-fault driver knew or should have known that they would be operating a motor vehicle after drinking too much; and

3.      The at-fault driver’s intoxication led directly to the accident that resulted in the victim’s injury

In addition, if the evidence shows that the wrongdoer unreasonably refused to submit to a test of his blood alcohol content as required by Virginia Code 18.2-268.2, said wrongdoer’s conduct shall be deemed sufficiently willful or wanton to show a conscious disregard for the safety of others.

Why Punitive Damages Matter for Car Accident Victims

Drunk drivers pose a grave concern to motorists everywhere and when accidents occur as a result of such conduct, punitive damages are available in the appropriate case to discourage reckless behavior and ensure that an injured party receives justice. Under Virginia law, the maximum amount that an injured party can recover is $350,000. That amount is separate from and in addition to the amount of damages an injured party can receive in compensatory damages, as set forth above.

In other words: When an accident is caused by a drunk driver, the injured person may be able to receive punitive damages. The cap for these damages an injured person can receive is $350,000. The punitive damages recovered are in addition to compensatory damages – your medical expenses, lost wages, and pain and suffering.

How much you receive in punitive damages is determined by the jury in a drunk driving accident case. You need an experienced attorney who can maximize a jury award or maximize an out-of-court settlement.

Trust an Experienced Jury Trial Lawyer

If you are injured in an automobile accident caused by a drunk driver, you need an experienced trial attorney who has successfully tried cases before juries against drunk drivers. Our trusted attorneys and staff will walk you through each step of the process to get you the results you deserve.

Call Slaughter & Lupton Law at (757) 999-1111 for more information on how we may be able to help you with your drunk driving accident case.

David Moyer is a practicing attorney at Slaughter & Lupton Law, PLLC. His expertise spans more than 40 years, defending his clients in both criminal and personal injury cases. Learn more about David on his Attorney Profile.