In a heart-wrenching incident on Route 123 in Burke, Virginia, a fatal crash claimed the life of a young man who was riding as a passenger in a vehicle driven by an intoxicated teenager. The vehicle, under the control of the drunk driver, veered off the road, overturned, and collided with trees. Tragically, neither the driver nor the passenger was wearing seatbelts at the time of the accident.
Legal Challenges and Settlement
The driver was subsequently arrested and faced multiple charges, including DUI, DUI manslaughter, reckless driving, being a felon in possession of a firearm, and failure to wear a seat belt. Despite the complexities introduced by the “assumption of the risk” defense—which often complicates cases where victims knowingly ride with impaired drivers—our legal team successfully navigated the case to avoid this potential barrier.
Under Virginia law, the legal doctrine of assumption of the risk refers to a defense used in personal injury cases that bars or reduces a plaintiff’s right to recovery against a negligent party if the plaintiff voluntarily and knowingly exposed themselves to a dangerous condition or activity that resulted in injury. This doctrine is grounded in the notion that a person who chooses to take a risk of harm cannot seek compensation from others when harm occurs as a result of that risk.
Key Elements of Assumption of the Risk:
1. Knowledge of the Risk: The plaintiff must have had actual knowledge of the danger involved in the activity or condition.
2. Voluntary Exposure: The plaintiff must have voluntarily chosen to expose themselves to that danger, typically indicated by their actions or explicit agreement.
3. Understanding: The plaintiff must understand the nature and extent of the risk. This understanding implies a recognition of the potential for harm.
In the context of Virginia law, if these elements are proven, the plaintiff may be completely barred from recovering any damages from the defendant, regardless of the defendant’s negligence. This is because engaging in an activity or entering a situation with knowledge of the risks involved is considered consent to accept whatever consequences may arise, thus absolving others from liability.
For example, if someone participates in a contact sport like football, they are assumed to accept the risk of typical injuries that occur during the game. Similarly, if a passenger knowingly rides with a driver who is intoxicated, Virginia law may bar their recovery in the event of an accident under the assumption of the risk doctrine because they voluntarily exposed themselves to the known risk posed by the driver’s impairment.
Assumption of the risk can be a complete defense in personal injury lawsuits, making it a significant aspect of negligence cases in Virginia. It places a high burden on the plaintiff to demonstrate that they did not have knowledge of the risk or that their actions were not voluntary to overcome this defense.
We secured a settlement for the maximum available under our client’s underinsured motorist policy limits. This was particularly challenging as neither the drunk driver nor the vehicle owner (the driver’s mother) had any insurance coverage. Our strategy involved accessing both our client’s auto insurance policy and his parents’ policy, where he was still a named insured.
Underinsured motorist (UIM) insurance coverage in Virginia is designed to protect drivers in cases where the at-fault party’s insurance coverage is insufficient to cover the damages from an auto accident. UIM coverage is part of an auto insurance policy that steps in when the at-fault driver’s liability limits are too low to cover the medical expenses, lost wages, and other associated costs incurred by the injured party.
Impact and Support for the Family
The settlement not only provided justice for the wrongful death but also contributed to a college fund for the deceased’s young daughter, ensuring her future educational opportunities. This case highlights the devastating consequences of teenagers drinking and driving, underscoring the importance of responsible behavior and the severe impacts of negligence.
Finding BenGlassLaw
The family found BenGlassLaw through a targeted Google search for a wrongful death attorney in Burke, Virginia. This search led them to our website, BenGlassLaw.com, where they were able to learn about our firm’s commitment to justice and our track record of handling similar wrongful death cases. Impressed by our expertise and compassionate approach to their case, they entrusted us to represent them during this difficult time.
At BenGlassLaw, we are deeply committed to helping families navigate the complex legal landscape following tragic accidents. If you or someone you know has been affected by a similar incident, contact us at BenGlassLaw.com for sensitive and effective legal counsel.
Brian Glass leads the wrongful death division of BenGlassLaw.
This case settled for: $125,000 the maximum insurance coverage available.
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