703.330.6300
Providing legal representation for personal injury, car, truck & motorcycle accidents, fatalities & wrongful death in Prince William County, Virginia & the surrounding area.

Filing a Lawsuit When You're Injured by a Drunk Driver

Recovering from injuries caused by someone else’s recklessness is difficult enough; you shouldn’t also be forced to pay for them. If you’ve sustained serious injuries at the hands of a drunk driver, you do have legal recourse available to you. Contact an auto accident lawyer as soon as possible. Accident attorneys will review your case and help you understand your legal options, which may include filing a personal injury lawsuit.

Understanding “Fault” Insurance Claims

In states with “no-fault” laws, there are strict limits on when victims of car crashes may file a personal injury lawsuit. Generally, civil complaints are only possible when the victim’s damages exceed a certain amount or if the injuries are particularly severe. Fortunately, Virginia is a “fault” or pure negligence state, which means that victims of drunk driving are not forced to abide by these limitations. You can have an auto accident lawyer file a personal injury lawsuit against the drunk driver. This civil action will proceed completely independent of any criminal charges. There are other options as well, such as filing a lawsuit against the other driver’s insurance carrier. If the drunk driver did not have auto insurance, you might choose to file a lawsuit against your own insurance carrier.

Seeking Compensatory Damages

In your personal injury lawsuit, your accident injury lawyer can seek compensation for your economic and non-economic losses. Economic damages are your calculable losses, such as your medical bills for diagnostics, treatments, and hospitalization, along with pharmacy expenses, vehicle repair or replacement costs, and lost wages. Some car crash victims may also recover compensation for non-economic damages such as their pain and suffering, mental anguish, and disfigurement.

At the Auto Accident Law Firm of Kevin Paul Childers, it’s our mission to help you recover and move forward in the aftermath of a drunk driving crash. Call us at (703) 330-6300 to find out how our automobile accident lawyer assists residents of Centreville, VA and beyond. Or, browse our website to learn more about our approach to client care.

Proving Negligence in an Auto Accident Case

Accident lawyers who are litigating personal injury cases must prove that certain elements existed. Combined, these elements comprise the legal definition of negligence. You can help your auto accident attorney prove that the other party was negligent by providing all relevant information about the collision. Even seemingly insignificant details can be crucial for the outcome of your case.

Duty of Care

The first element of negligence is the concept of duty of care. For car accident cases, duty of care is rather straightforward. It simply means that the driver had a legal responsibility to exercise reasonable caution to promote the safety of everyone on the roadways. Drivers also owe a duty of care to prevent property damage.

Breach of Duty

Although your auto accident attorney will have no trouble proving the basic legal duty of the other driver, he or she will need evidence to prove that the defendant breached his or her duty of care. Breaches in the duty of care can include violations of traffic rules, such as speeding, failing to yield, failing to obey traffic signals, failing to use turn signals, and so on. Breaches of duty may also include driving while impaired by alcohol or drugs.

Causation

It’s not unusual for most drivers to go over the speed limit from time to time. In order to hold a defendant liable for doing so, your auto accident attorney must prove that this breach of duty directly caused the crash and subsequently, your losses. For instance, your auto accident attorney may use footage from surveillance cameras to prove that the defendant ran a red light, which caused him or her to strike your vehicle.

Damages

The last element of negligence is damages. Your auto accident attorney will use evidence such as your medical bills and car repair bills to prove that the accident caused your losses.

The legal team at the Auto Accident Law Firm of Kevin Paul Childers is dedicated to helping our clients move forward in the aftermath of a vehicle collision. Our car accident attorney near Centreville, VA, will thoroughly investigate your case to determine which party may be held liable for your losses. Residents of Prince William County, VA, can contact our accident injury lawyer at (703) 330-6300.

Documenting Evidence at the Scene of a Truck Accident

Truck accidents are often among the most deadly types of collisions. Even when traveling at a relatively low speed, a truck can inflict significant damage on a passenger vehicle. Assuming that you are physically capable of doing so after a serious collision, it’s important to take a few minutes to gather evidence. Your auto accident attorney will handle your claim for you; however, you can help substantiate your claim by documenting all available evidence at the crash site.

File a Police Report

The police report can provide valuable evidence for your accident lawyers. It will include information such as the weather and road conditions, the general layout of the crash site, and the traffic tickets the truck driver may have received. A police report that indicates fault on behalf of the truck driver can be a powerful tool in your case against the insurance company or other defendants.

Take Pictures

Your auto accident attorney will need to see photos of the crash site, if available. Take pictures of any skid marks, nearby road signs, damaged guardrails, and all involved vehicles. Be sure to take photos of the point of impact. It may also be helpful to take a picture of the truck driver, nearby witnesses, and your injuries.

Obtain Critical Information

It’s possible that the police may not thoroughly interview witnesses. Your truck accident attorney may use witness statements to substantiate your case, which means it’s essential to obtain the names and contact information of any witnesses at the scene. Additionally, you’ll need to obtain the following information from the truck driver:

  • Full name and contact information

  • Insurance information

  • Employment information

  • Truck leasing information

It’s also a good idea to write down any possible admissions of fault made by the truck driver, such as “I didn’t see you” or “I’m sorry.”

The truck accident lawyer at the Auto Accident Law Firm of Kevin Paul Childers is a seasoned litigator who meticulously builds cases based on physical evidence. To obtain representation from our truck accident attorney in Prince William County, VA, you can call (703) 330-6300. After you schedule your consultation, we invite you to browse our website to learn more about truck accident cases and the extensive experience of our auto accident lawyer.

Types of Damages in a Wrongful Death Case

The sudden loss of a loved one to a car accident is a traumatic experience. No amount of compensation can bring your loved one back; however, many surviving family members find that they can achieve a sense of closure and justice by holding the negligent party responsible for the death. You can talk to a wrongful death attorney about the types of damages that you may seek. In Virginia, a wrongful death attorney can seek compensatory damages for the loss of income, care, and protection that the decedent would have provided. The accident injury lawyer may also seek compensation for your loved ones medical expenses, if applicable, along with compensation for the funeral expenses.

Virginia law allows accident lawyers to seek compensation on behalf of the surviving family members for their mental anguish and sorrow. In some cases, it may be appropriate to seek punitive damages. Punitive damages are those that are intended to punish the defendant for negligent or reckless conduct that was particularly egregious.

To discuss seeking justice for your loved one, you can contact the Auto Accident Law Firm of Kevin Paul Childers at (703) 330-6300. Our wrongful death attorney near Fairfax, VA provides compassionate legal advocacy services.

Minimizing Post-Accident Scarring

A serious car wreck can result in long-term disability and lasting visible reminders of the crash such as scars. With the help of your auto accident attorney, you can secure compensation for your medical care. Talk to your auto accident attorney about whether you may be able to receive compensation for appointments with a dermatologist to minimize your post-accident scarring. In addition to seeing a dermatologist, you can watch this video for some helpful hints on reducing scarring.

It recommends that accident victims wash their wounds daily with mild soap and water, and then apply petroleum jelly to keep the wound site moist as it heals. Then, cover the wound with a bandage or sterile gauze to protect it from infection. If you have particularly deep or extensive wounds, you might consider using silicone gel sheets to minimize scarring.

Consulting accident attorneys in Manassas, VA, offers your best chance of recovering just compensation for your injuries. To set up a meeting with a car accident injury lawyer, call the Auto Accident Law Firm of Kevin Paul Childers at (703) 330-6300.

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