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Proving liability in a Virginia drunk driving case

On Behalf of | Nov 11, 2016 | Car Accidents, Firm News |

Drunk drivers cause numerous fatal and catastrophic injuries in Virginia and the Virginia Beach areas each and every year. These accidents wreak havoc on the accident victims and their families. Life-altering and disabling injuries can take years for their victims to learn how to cope with, and family members will never completely heal after the tragic loss of a loved one.

Although there is no way to truly make the victims of DUI crashes “whole,” our legal system does provide the means for victims and their families to seek financial compensation for their losses. Victims of DUI crashes file personal injury lawsuits against the at-fault drivers in their cases in order to recoup the tremendous costs of their medical care, lost wages due to not being able to work, money as compensation for pain and suffering and more. Similarly, family members can pursue wrongful death claims in the event that their loved one was killed.

In order to prevail in such a lawsuit, plaintiffs need to prove that the drunk driver’s actions proximately caused not only the accident, but also their injuries. In this respect, although it will not hurt the plaintiff in the litigation process, it is not enough to show that one of the parties was drunk in a crash. Plaintiffs also have to show that the state of inebriation was why the injurious accident occurred. For example, if the plaintiff was faulted for speeding and/or driving through a red light, the other driver’s drunkenness would not be the reason for the crash.

At Dickerson & Smith Law Group, we have represented numerous Virginia Beach plaintiffs in making claims against DUI drivers, and we have helped our clients prevail in cases that seemed difficult to make. If you are currently suffering from the painful after-effects of a DUI-related crash, our attorneys are available to help.