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PUNITIVE DAMAGES FOR CAR CRASH CASES IN VIRGINIA

In Virginia, when you are involved in a motor vehicle crash and auto pedestrian incident that is not your fault, you may be entitled to make a claim for punitive damages as well as damages for medical bills, lost wages, pain and suffering and inconvenience. Punitive damages are damages which are assessed against a wrongdoer for protection of the public. Punitive damages are awarded as a punishment against the at fault motorist. It is thought that if such damages are imposed upon the wrongdoer, this will serve as a warning and an example to that person and others which might prevent him and others like him from committing the same offense.

Generally, you will find punitive damages being assessed by juries in motor vehicle collision cases where drinking is involved on the part of the operator of one of the vehicles involved in the crash. When trying to prove to a Court that an award of punitive damages is justified, there must be evidence that the driver who was drinking was guilty of such misconduct or malice, or such recklessness or negligence that shows that driver had a conscious disregard of the rights of others. This burden is very hard to meet in many drunk driving cases in Virginia. In 1994, the Virginia General Assembly passed a law which made it somewhat easier to prosecute a drunk driving civil case and obtain a punitive damage award. The law now allows a jury to award punitive damages to the plaintiff in a case where it is proved that the defendant had a blood alcohol concentration of 0.15% or more when the collision took place. In such a case, the defendant had to know at the time he began drinking or during the time he was boozing it up, that he knew he was going to have to operated a motor vehicle. Finally, the defendant’s intoxication had to be a proximate cause of the injury.

Should you or a family member be injured in a motor vehicle crash or hit as a pedestrian by a drunk driver, even though your injuries may be minor, do not overlook the situation where punitive damages can be a part of your settlement or judgment. Do not hesitate to contact Rutter Mill, LLP to determine you rights.

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