Latest / BSPE Legal Marketing Podcast / Hit by a Drunk Driver in Virginia? You May Be Entitled to Punitive Damages - John P. Fishwick Jr.
Transcript
- 0:00Hit by a Drunk Driver in Virginia? You May Be Entitled to Punitive Damages When a drunk driver shatters your life, Virginia law may give you the right to pursue more than just compensation for your medical bills and lost wages.
- 0:12Virginia law allows punitive damages in certain drunk driving injury claims, going beyond compensatory damages to punish the at-fault driver and deter future reckless behavior.
- 0:22Under Va. Code § 8.01-44.5, a plaintiff can pursue punitive damages by proving the driver had a blood alcohol content of at least 0.15% at the time of the crash.
- 0:35The plaintiff must also show the driver knew or should have known that alcohol would impair their ability to drive, and that the intoxication directly caused the victim's injury or death.
- 0:45Virginia law creates rebuttable presumptions to help plaintiffs establish these elements, including a presumption that a driver with a BAC of 0.15% or higher knew their driving ability was impaired.
- 0:57A high BAC alone is not enough, because the plaintiff must still prove the required knowledge of impairment and a direct causal link between the intoxication and the harm suffered.
- 1:06When a driver's BAC falls below 0.15%, punitive damages may still be available under Virginia common law if the driver's conduct demonstrated willful and wanton disregard for the safety of others.
- 1:18Courts look at the full picture of the driver's behavior, including dangerous driving patterns, a prior DUI history, fleeing the scene, or any attempt to conceal what happened after the crash.
- 1:28Even when a driver refuses a breath or blood test, Virginia law under § 8.01-44.5 provides a separate path to pursue punitive damages using the refusal and the driver's conduct as evidence of intoxication.
- 1:42Virginia caps punitive damages at $350,000 under Va. Code § 8.01-38.1, a limit that applies to the total punitive award across all defendants but does not affect compensatory damages.
- 1:56Founder John P. Fishwick Jr. brings decades of courtroom experience to the law firm, having served as the United States Attorney for the Western District of Virginia and earned recognition in Virginia Super Lawyers and The Best Lawyers in America.
- 2:08The attorney team at Fishwick & Associates PLC examines every detail of the crash and the driver's conduct to determine whether pursuing punitive damages is the right path for you.
- 2:18This law firm represents injured clients throughout Virginia, and every lawyer on the team is committed to holding drunk drivers fully accountable for the harm they cause.
- 2:26Call Fishwick & Associates PLC at 540, 345, 5890, located at 30 Franklin Rd SW Ste 700, Roanoke, VA 24011, United States, to discuss your crash and find out whether punitive damages may be available in your case.