



Case Description: Driver, Passengers Rear-Ended by Drunk Driver, Serious Injuries
Staff: Richard N. Shapiro; Meg Cudden, Legal Assistant; Roz Hughes, Paralegal
Court/Date: Fairfax County, Virginia 2008/2009 (Settled)
What Happened: Four friends were driving near the driver’s home when they were suddenly and violently smashed in the rear by a forty something year old driver with two teenagers in the car. When the police came to the scene they detected a strong odor of alcohol permeated the woman who was the driver who rear ended our clients’ car. After field sobriety tests were given, the female driver of the other car was charged with second offense drunk driving/DUI. She had her own teenage daughter in the car along with a friend of her teenage daughter! Not a great example.
Everyone in the rear-ended car was taken to the emergency room because of the massive impact from the rear. Each client suffered a variety of injuries that required treatment over many months. Two of the four clients resided in North Carolina and the driver and his wife resided in Northern Virginia near where the accident happened in Vienna, Virginia.
Key Legal Strategy: Because we knew that the driver who smashed into the rear of our clients car was totally at fault, we agreed to represent all four of the injured people in the car, which can present some problems at times because of a potential conflict of interest of having several persons in a car seeking recovery from the same source of insurance. We had one of our clients monitor the criminal charge of drunk driving against the defendant driver of the other car, and once we knew that the case was resolved we obtained public records from the criminal drunk driving (DUI) trial records to obtain the official blood alcohol content (BAC) and found that the alcohol content was 2.1 percent which is extremely intoxicated. Under Virginia's drunk driving laws, if any person is found to have a blood alcohol content in excess of a certain high level of intoxication, then punitive (punishment) damages may be awarded by a jury, in addition to normal personal injury damages, if all the pertinent variables are present. We made sure that the insurance adjusters were provided this blood alcohol content information and in our settlement negotiations we advised the insurance adjuster with a high degree of confidence that a jury would be extremely eager to punish the driver who was responsible for causing this accident, which was not a first example of DUI for driver, but reminded the insurer that punitive damages could be awarded by the jury in any of the four injury cases. To get the insurance company and drunk driver's "attention" we filed suit on the most significant of the four cases, and then all four cases were resolved nearly at the same time.
The Results : Actually, we had to locate multiple sources of insurance for this drunk driving accident because the total insurance that the drunk driver had was not enough because of the damages caused and the injuries involved four persons all hurt. Accordingly, we notified each of our clients car insurance companies that they may need to supply under-insured motorist coverage UM/UIM) under the circumstances. We always remind our clients that claiming under-insured motorist coverage does not increase their rates or make their premiums increase-in a wreck they did not cause in any way, because this is not permitted under nearly every state's insurance laws. If the policy holder is not responsible for causing the underlying accident/claim, their rates are normally unaffected by a UM/UIM claim. This is exactly why we pay for insurance!
By claiming underinsured motorist coverage on one of the cases, involving one client that had the most considerable medical expenses, we were able to obtain an additional amount of money in order to settle the case of this particular client.
We were able to settle each of our clients cases for the following, based on their specific personal injuries:
Client A.: Front seat passsenger: $20,000 dollars
Client B.: Driver: $24,000.00
Client C.: Back Seat passenger: $26,000.00
Client D.: Second back seat passenger: @ $42,000.00
We have been representing car accident victims for decades and have great experience in tracking the available insurance in cases of hit-and-run accidents, drunk drivers, uninsured or underinsured motorist and other complicated insurance situations and if we can help you, fill out our quick contact form, or call us toll-free today.
Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's website is: hsinjurylaw.com, the firm edits two injury law blogs: Virginia Beach Injuryboard & Norfolk Injuryboard, and also hosts a video library covering many FAQ’s on personal injury subjects.
Awarded: $110,000 (Four Injured, Rear-Ended By drunk driver)
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DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
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