HAMPTON, Va. (8/23/2016) Attorney Jerry Franklin obtained a $48,000.00 settlement in a drunk driving accident case in Hampton, Virginia. The drunk driver had been drinking beer for about 10 hours at the Hampton Bay Days festival before he left after the fireworks. He had gotten as far as Pembroke Avenue and Armistead Avenue when he struck the victim when he made an erratic “lane change.” The drunk driver attempted to pay the victim at the scene and asked her not to call the police. Concerned for her safety when she recognized he was drunk, she called 911 and the Hampton Police arrived shortly thereafter. The Hampton police officer immediately noticed a strong odor of alcohol coming from the defendant and began sobriety tests on the defendant. The defendant failed all of the field tests and was arrested on suspicion of driving under the influence. His blood alcohol content registered a .19 at the scene and later a .17 when subjected to an Intoxylizer examination. The drunk driver was charged with a 2nd DUI within 10 years.
Franklin and Franklin sued the defendant for punitive damages as a result of his driving under the influence. After extensive pre-trial action, the case settled at a court-ordered pre-trial settlement conference. The $48.000.00 settlement consisted of the defendant’s $25,000.00 in liability insurance and the plaintiff’s own insurance carrier contributing to the settlement through the uninsured/underinsured coverage in her policy.
If you or a loved one is injured by a drunk driver, call Franklin & Franklin at (757) 316-8888 to see what rights you have to collect punitive damages against negligent drunk drivers.