What If I Was Hit By A Commercial Driver Who Was Drunk In Virginia?

What If I Was Hit By A Commercial Driver Who Was Drunk In Virginia?

An accident involving a drunk commercial driver in Virginia can be deeply distressing, blending the physical and emotional impact of a collision with the unsettling reality that the at-fault driver was operating under the influence. For professional drivers held to stricter safety standards, this represents a significant breach of responsibility and trust.

Immediate Steps After The Accident 

After an accident involving a commercial driver, particularly one suspected of driving under the influence, it’s crucial to prioritize safety and take swift action. Start by moving to a secure location if possible, and immediately call 911 to report the incident. Law enforcement will arrive to document the scene and likely perform sobriety tests on the driver, which will provide key evidence for your case.

Even if you don’t feel injured, seek medical attention promptly, as some conditions, such as concussions or internal injuries, may not show immediate symptoms. Additionally, having medical records will help support any personal injury claim you may pursue.

If it’s safe to do so, document the scene by taking photos of the vehicles, damages, injuries, road conditions, and traffic signs. Be sure to collect contact information from any witnesses whose testimony could help strengthen your case.

Lastly, obtain the commercial driver’s contact details, insurance information, and any identifying company or vehicle information, such as the Department of Transportation (DOT) number, to support your compensation claim.

Commercial Drivers And DUI Regulations 

Commercial drivers face stricter regulations than ordinary drivers, with a federal BAC limit of 0.04%, compared to the 0.08% limit for non-commercial drivers. In Virginia, driving with a BAC above this threshold can lead to serious consequences, such as license suspension, termination of employment, and criminal charges.

When a commercial driver breaches these standards and causes an accident, it goes beyond negligence, it’s a serious violation of their duty that can have catastrophic consequences for the victims.

Virginia Laws And Drunk Driving

Virginia follows a contributory negligence rule, meaning that if you are found even 1% at fault for the accident, you may be barred from recovering any compensation. This strict legal standard makes it essential to gather strong evidence proving the drunk driver’s sole responsibility.

Virginia does not have traditional dram shop laws, meaning bars and restaurants generally cannot be held liable for serving alcohol to a driver who later causes an accident. However, in certain situations, if an establishment knowingly served alcohol to a visibly intoxicated person or a minor, a claim may be possible.

Liability In Commercial Vehicle Accidents

In cases involving a drunk commercial driver, liability may extend to multiple parties.

• The Driver. The driver is personally accountable for deciding to operate a vehicle under the influence. If they violated state or federal regulations, they may face both criminal charges and civil liability.
• The Driver’s Employer. Under vicarious liability, an employer can be held responsible for the actions of its employees. If the company neglected to perform thorough background checks, ignored signs of substance abuse or failed to properly monitor its drivers, it may be held accountable for the accident.
• Third Parties. Other parties, such as maintenance providers or alcohol-serving establishments, may also share liability for the accident, depending on the circumstances.

Pursuing Compensation

If a drunk commercial driver caused your accident and you were injured, you may be entitled to compensation for the following.

• Medical Expenses. This covers the expenses for immediate treatment, continued therapy, medications, and any future medical needs stemming from the accident.
• Lost Wages. You can claim compensation for lost income if your injuries prevent you from working, including future earnings if the accident results in long-term disability.
• Property Damage. Compensation for the repair or replacement costs of your vehicle and any other personal property damaged in the accident can also be included in your claims.
• Pain And Suffering. This covers compensation for physical pain, emotional distress, and the loss of quality of life caused by the accident.
• Punitive Damages. Virginia courts may award punitive damages in cases of gross negligence, such as drunk driving, to punish the wrongdoer and deter similar behavior in the future.

Filing A Claim Against A Commercial Driver 

Due to the complexities of dealing with insurance companies, employers, and potentially multiple liable parties, filing a claim involving a commercial driver requires a strategic approach.

• Hire An Experienced Attorney. Accidents with commercial vehicles typically involve substantial resources from the other side, such as assertive insurance adjusters and legal teams. A skilled personal injury attorney well-versed in Virginia law will fight for your rights, negotiate with insurers, and make sure you receive fair compensation.
• Gather Evidence. Your attorney will assist in gathering and safeguarding key evidence, such as police reports, witness statements, medical records, and the driver’s employment and driving history. They may also collaborate with accident reconstruction experts to determine who is at fault.
• File A Claim With The Insurance Company. Commercial drivers are usually covered by more extensive insurance policies than personal vehicles due to the higher risks they pose. Your attorney will file a claim with the insurer to seek compensation for your damages.
• Consider A Lawsuit If Necessary. If a fair settlement can’t be achieved, your attorney might suggest pursuing a personal injury lawsuit. Keep in mind that in Virginia, you have two years from the accident date to file a personal injury claim. However, if your claim involves property damage, you have up to three years. Missing these deadlines could prevent you from pursuing compensation.

The Role Of Evidence In Your Case

Certain types of evidence are crucial in drunk driving accidents.

• Police Reports. Police reports are vital in drunk driving cases, offering an official, impartial record of the accident. They document important details such as the time, location, vehicle conditions, and results of sobriety tests. Officers also observe the driver’s behavior, such as slurred speech or unsteady movements, and record any citations or arrests. These reports are crucial as objective evidence in both insurance claims and legal proceedings.
• Breathalyzer Or Blood Test Results. Breathalyzer and blood test results are essential for proving a driver’s intoxication, offering definitive evidence of their BAC and any breach of Virginia’s 0.04% limit for commercial drivers. High BAC levels confirm impairment and can strengthen claims for punitive damages. Additionally, if the driver refuses testing, this refusal may serve as evidence. These results are crucial for establishing liability and securing fair compensation.
• Dashcam Or Surveillance Footage. Dashcam or surveillance footage offers clear, visual evidence of a drunk driving accident, documenting the driver’s reckless actions, such as swerving or speeding, and removing any uncertainty about the accident. The footage may also reveal road conditions, traffic flow or violations of traffic laws, further supporting your account. Video evidence is invaluable in both negotiations and court, as it leaves little room for dispute.
• Witness Testimony. Witness testimony plays a crucial role in drunk driving cases by providing an independent perspective to support your claim. Witnesses may describe the commercial driver’s erratic behavior, such as swerving or speeding, and their post-accident actions, like slurred speech or difficulty standing, which suggest intoxication. Credible, impartial witnesses are especially valuable, as their testimony can carry significant weight, particularly when it aligns with other evidence, such as police reports or dashcam footage.

Involved In An Accident With A Drunk Driver?

If you or a loved one has been severely injured, don’t delay – call (800) 529-0804 right now for a free consultation with an expert car accident lawyer. When dealing with a stressful situation, you need a knowledgeable personal injury team to guide you through the recovery process. Contact Tatum & Atkinson, PLLC right away! There is no obligation, and it will not cost you anything to learn about your legal possibilities for pursuing compensation.

CALL THE HEAVY HITTERS AT 1-800-LAW-0804 TODAY!