DWI Lawyer Fairfax, VA
If you were involved in a car accident where there were injuries and were convicted or even admitted guilt to a Driving While Intoxicated charge, you may now possibly be facing a civil lawsuit against you from those injured in the accident.
If this was not your first offense, you were likely convicted of felony DWI, a criminal offense. The injured party does not benefit financially from a conviction and will file a personal injury claim in civil court to try to recover damages that occurred as a result of the accident.
If someone wants to file a civil lawsuit against you, they first have to ‘serve’ you notice that they are doing so, along with a copy of the complaint or petition. These documents are hand-delivered by either someone from the sheriff’s department or a process server. Understand that just because you have not heard from the people involved in the accident in a while, even years does not mean you are in the clear. Depending on what state you live in, they could file a civil lawsuit up to five years following the accident.
The civil lawsuit for driving drunk is a totally different process from the criminal trial you may face or have already faced for DWI. The purpose of a criminal prosecution is to prevent you from driving while intoxicated again, to protect the general public from encountering you driving drunk, and also to punish you for your actions. You can be criminally prosecuted even if you were not in an accident.
No-Fault Law Concerning Civil Suits with DWIs
The ability to file a civil lawsuit for damages as a result of your DWI will be different in states that have no-fault laws. In these states, there are limits to the amount of money the victim can sue for and then only if damages and/or injuries exceed a certain amount.
If the victim cannot file a civil lawsuit against you for damages, they can file a claim with their own insurance company for damages reimbursement.
Pure Negligence States and Civil Lawsuits
If you do not live in a no-fault state, there is nothing stopping the victim from suing the drunk driver for any injuries. The prosecuting attorney has to prove fault, just as in any civil lawsuit. A defense attorney and insurance company will try to show that the victim was partially at fault and therefore may have somewhat contributed to the accident. Perhaps the other driver ran a red light or their driving in other ways was responsible for the accident.
Attorney’s Role
If you are served with papers that state someone is suing you in a civil case because of injuries they received in an accident you were involved in and charged with a DWI, first check with your insurance company to see if they will hire an attorney to defend you. Some insurance companies may not work with you if there is a DWI associated with the accident.
It is always a good idea to check with a reckless driving lawyer Fairfax, VA relies on to discuss the civil case and how your DWI will affect your chances of fighting the case in court.
Contact Dave Albo – Attorney for their insight into criminal law and DWI accidents that lead to personal injury cases.
Fill out the form and we’ll respond as soon as possible.
Posted onTrustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!Posted onTrustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .Posted onTrustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.Posted onTrustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.Posted onTrustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.Posted onTrustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.Posted onTrustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.Posted onTrustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case. I highly recommend him - you will be in good hands for sure. From start to finish he provided expert counsel and kept me well informed. He simply could not have done a better job.Posted onTrustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and grateful; I highly recommend retaining his services. Well beyond worth it!!Posted onTrustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.
