Drunk Driver Accidents: Frequently Asked Questions

Washington, D.C., Virginia, & Maryland

• Can I sue a drunk driver for punitive damages?
• Can I collect from the drunk driver's insurance company?
• Is there an alcohol level at which a drunk driver is automatically responsible for an accident?
• Can I still sue a drunk driver even if the police did not charge that driver, or he or she was found not guilty?

Can I sue a drunk driver for punitive damages?

Punitive damages are damages designed to punish the wrongdoer, and are available in certain circumstances in Virginia and the District of Columbia. However, Maryland courts have specifically held that a drunk driver does not have to pay punitive damages. In all three jurisdictions you are entitled to collect for medical expenses and lost wages incurred as a result of the drunk driver's negligence, as well as obtain compensation for pain and suffering.

Call or email your personal injury lawyer here at Chaikin, Sherman, Cammarata & Siegel, P.C. to discuss how the law in the State where your collision occurred applies to the facts and circumstances of your case. We are here to help you twenty-four hours a day, seven days a week. You can call our personal injury office at 202-659-8600 or 800-229-8384 at anytime to obtain the name and phone number of the drunk driver attorney on call.

Can I collect from the drunk driver's insurance company?

Most insurance policies will cover a claim for personal injury against a drunk driver, even though driving while intoxicated is against the law. However, most insurance policies do have exclusions for punitive damages. In other words, if you are in a State that allows for punitive damages against a drunk driver, it is unlikely that you will be able to recover those damages from the insurance company. Your attorney will have to aggressively pursue the assets of the drunk driver.

Call or email your drunk driver attorney here at Chaikin, Sherman, Cammarata & Siegel, P.C. We will analyze the applicable insurance policies to ensure you receive the maximum insurance benefits available to you.

Is there an alcohol level at which a drunk driver is automatically responsible for an accident?

In most states, including Maryland, the District of Columbia and Virginia, it is against the law to drive with a blood alcohol level of .08. In fact, in Maryland, Virginia and the District of Columbia a blood alcohol level as low as .06 could be considered, along with other evidence, to make a determination that one is guilty of driving under the influence. Evidence of violations of the law, in Maryland, Virginia, and Washington, D.C. can be used by injured parties to prove negligence to a jury. Of course, you still have to prove that the drunk driver was the cause of the accident. Call or email your drunk driver attorneys here at Chaikin, Sherman, Cammarata & Siegel, P.C. to discuss the details of your case.

Can I still sue a drunk driver even if the police did not charge that driver, or he or she was found not guilty?

Yes. If you can prove that the driver was negligent, even if he or she was not charged or found guilty, you can still file a claim. The criminal justice system and the civil justice system are totally different. In fact, the standards for proving a criminal case are much higher, which is why a drunk driver may not be charged criminally. More importantly, even if you cannot prove the driver was drunk, you can still make a claim for negligence if the driver was careless or failed to follow the rules of the road, and this carelessness caused injury to you.

We would be happy to discuss the details of your case. Call or email your drunk driver attorneys here at Chaikin, Sherman, Cammarata & Siegel, P.C. for a free consultation.

At Chaikin, Sherman, Cammarata & Siegel, P.C. in Washington D.C., we have experienced drunk driver, personal injury and wrongful death attorneys who can deal with cases involving drunk drivers. We can assess your situation, build a case for you, and assist you in obtaining full compensation for your injuries. We are here to help you twenty-four hours a day, seven days a week. You can call our offices in Washington, D.C. at anytime to obtain the name and phone number of the attorney on call. You can also email us to request a free and confidential consultation.

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