Virginia Injury Law Blog

A recent auto accident on Interstate 95 in northern Virginia is suspected to have been caused by an intoxicated driver. Even with stiffer drunk driving penalties and less leniency on drunk drivers by the courts, drunk driving remains a deadly problem for Virginians. In 2006, approximately 29,595 Virginia drivers were convicted for driving under the influence of alcohol. Intoxicated drivers were cited as the cause of approximately 374 highway fatalities and 7,543 injuries in the Commonwealth in 2006.

If you, a family member or loved one has been injured by a drunk driver, you should contact the attorneys at Pierce & Thornton as soon as possible. We have successfully settled and tried cases against drunk drivers. Call us so we can investigate the facts, preserve the evidence in your case and obtain all money damages allowed under Virginia law.

Under Virginia law, a drunk driver who causes personal injury can be required to not only compensate his victim for the injuries caused, but also will be required to pay punitive damages for his reckless conduct if the driver’s blood alcohol concentration (BAC) was .15 or above at the time of the crash. This is called the “statutory presumption” for punitive damages.

If the drunk driver’s BAC was not measured or measured below .15, then the drunk driver can still be forced to pay punitive damages if it is proven that when he began drinking alcohol or while drinking alcohol he knew (or should have known) that his ability to operate a motor vehicle would be impaired, or if he knew that his ability to operate a motor vehicle was, in fact, impaired.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Drunk Driving Accident

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By now, most people have seen the national study that revealed that approximately 90,000 wrongful deaths were caused in the United States by medical malpractice. How can you, a family member or friend decrease the likelihood of suffering injury or death from medical negligence? One easy way is to ask your doctor about his experience in performing the type of procedure you are about to undergo. Ask what the “complication rate” is for the particular surgery. For example, what is the likelihood for infection or damaging an organ or nerve near the area being operated on? Some complications occur without medical negligence, while others occur because reasonable care was not taken by the surgeon or hospital staff.

In Virginia, you can obtain information about your healthcare provider online at www.vahealthproviders.com. This website gives information about your doctor’s qualifications, and whether he has ever settled a medical malpractice case or had a verdict rendered against him. Certainly, the fact that a healthcare provider has settled a medical negligence case does not mean that he is incompetent or should not be trusted as your physician. However, if you see multiple settlements or verdicts, you may want to consider another physician. It is an old cliché, but often, “where there is smoke, there is fire”. At a minimum, you can get some peace of mind that you have found out what you could about the doctor who is treating you.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Medical Malpractice

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