A 23-year-old man from Poquoson, Virginia was released from the hospital on Oct. 11 and was charged for a September 17 DUI crash that killed his passenger.
The Virginia State Police reported that the deadly DUI crash happened at 3:30 AM on I-64 eastbound near Oyster Point Road. The police stated that the driver tried to exit I-64 but ran off the road and hit a tree. The car then burst into flames.
The driver was able to escape from the burning vehicle but the 20-year-old passenger could not get out and died at the scene.
After the driver was released from the hospital, he was charged with Aggravated DUI Manslaughter, Driving Under the Influence, Reckless Driving, and Driving while Suspended.
Our Virginia DUI attorneys are saddened that this young man lost his life in what appears to be yet another DUI accident on Virginia highways. Driving under the influence is always dangerous, and thousands of people are killed every year due to drinking and driving.
In the state of Virginia, you can be charged with aggravated DUI manslaughter when the driver’s actions are so gross, wanton and culpable that he or she showed a reckless disregard for human life. If the prosecution proves its case, the accused can receive at least one year and up to 20 years in prison.
There are other serious consequences to consider when drinking and driving lead to loss of human life. In Virginia, the family of the deceased has the right to file a wrongful death lawsuit. The family undoubtedly is suffering great emotional trauma, pain and suffering, medical and funeral costs and more.
The driver of the vehicle may be found negligent and having caused the death of the passenger in this Virginia car accident. Even though the two young men probably knew each other and were friends, it is still possible for the family of the deceased to file a lawsuit against the driver and his insurance policy.
Our personal injury attorneys in Virginia have worked on many wrongful death cases over the years where multi-million dollar settlements resulted. For example, we represented a family whose loved one was rear-ended by a tractor-trailer on I-64 and killed. There was a terrible fire and the man lost his life.
Our personal injury attorneys were able to show that the truck driver had violated rules in the Virginia CDL manual, and the result was a $3.5 million settlement. This type of civil lawsuit could be an option for the family of the deceased in this very sad Virginia accident.