Identifying Defendants to Sue After a Car Crash With a Drunk Driver

Our Virginia Drunk Driving Injury Lawyers Discuss Who You Can File a Claim Against After a Car Accident

After a crash with a drunk driver in Virginia, determining the defendants for potential legal action is essential. Victims have the right to seek justice and pursue fair compensation for their injuries and losses. Responsible parties named in a personal injury lawsuit may extend beyond the intoxicated driver. Engaging the services of a seasoned Virginia car accident attorney at The Mottley Law Firm can be instrumental in protecting your rights and ensuring liable parties are held accountable for their actions.

Recovering Damages From the Drunk Driver

In most cases, the process for seeking damages starts with filing a car accident claim. This is true whether or not the other driver was drunk at the time of the accident. If the other driver is at fault, you can issue a claim for damages from their insurance provider. This may include costs related to medical bills and the cost of repairing your vehicle.

If you get into an accident with an uninsured driver, you may file a claim with your own insurer using your uninsured motorist coverage. Car insurance isn’t technically required in Virginia, so you may encounter this scenario. Beyond that, you may be able to take legal action by filing a personal injury lawsuit against the drunk driver. They violated the duty of care they owed you as a fellow motorist, and their negligence caused the accident.

Financial compensation from a car accident case may include economic and non-economic damages such as:

Property repair or replacement costs

Current medical expenses

Expected future medical bills, like physical therapy

Current lost wages

Loss in future earning potential

Pain and suffering

Punitive damages

It’s important to note that a civil case is completely separate from any criminal DUI charges the drunk driver may face. While they may be fined or receive jail time if convicted of a DUI, they’re not obligated to compensate victims based on the criminal case outcome. Victims need to pursue a separate personal injury lawsuit to recover their losses.

Suing the Drunk Driver’s Employer

In some instances, it may be possible to hold the drunk driver's employer liable for damages. This is a potential strategy when proving negligence after a truck accident, for example.

The Mottley Law Firm co-counseled a client with the Brain Injury Law Center in 2014. She was rear-ended by a commercial truck operator in Newport News and suffered a traumatic brain injury. The trucker was drunk, and the employer negligently allowed them to drive anyway. After a year of litigation and five days of trial, the parties reached an $8,000,000 settlement for all damages.

Car Accidents Involving Uber and Lyft

The gig economy has introduced several legal complications, including what happens after an Uber accident in Virginia. The same principles apply to Lyft and other ridesharing platforms.

If the Uber driver didn’t have the Uber app on at the time of the accident, Uber isn’t involved.
If the Uber driver had the app on but didn’t have any passengers, the company may be partially responsible for damages.
If the driver was actively on duty transporting passengers, Uber’s insurance policy may apply in paying for damages, which could include up to $1 million in coverage per accident.

While ridesharing services may be liable for damages if one of their contractors is involved in a car accident, drunk driving may violate their terms of conduct. In complex DUI accident cases like these, consult a Virginia personal injury lawyer for specific guidance.

Virginia Dram Shop and Social Host Liability Laws

In some states, liability for damages from car accidents may extend to the persons or establishments who served alcohol to the drunk driver. Dram shop laws refer to businesses such as bars, restaurants, and liquor stores. Social host liability laws refer to private gatherings, like backyard barbecues. In these states, victims may file a lawsuit against whoever provided the drunk driver with alcohol and allowed them to drive inebriated anyway.

However, the Commonwealth of Virginia has neither dram shop laws nor social host liability acts for alcohol-related vehicle accidents. Virginia law places responsibility on the person who consumes the alcohol and not the individual or business that serves it, even if the drinker is underage.

Navigating Complex DUI Crash Cases With an Experienced Car Accident Lawyer

Dealing with drunk driving cases can quickly become complicated. Insurers go to great lengths to limit their liability and avoid paying a fair settlement amount. The Virginia DUI accident attorneys at The Mottley Law Firm have years of experience handling cases just like these. We’ll explore all your options and fight for your rightful claim to compensation.