
It makes me sad every time I read about someone who was killed by a drunk driver. On September 10, Justin Robert Shuback was driving drunk when he rammed into the rear of a dump truck. His passenger, Adam Katz -- who was probably his friend -- was killed. Shuback ran away from the scene of the crash. He was charged with felony hit and run and DUI.
I also get mad when I read such stories. I know, I know. A criminal accusation doesn't mean a conviction. I revere the Constitution. Really, I do. But besides the criminal justice system, there is an important civil justice system. Under Virginia's wrongful death laws, Katz's family can sue Shuback for money damages for the losses they have suffered at the hands of the drunk driver Shuback. Those are important rights to hold the wrongdoer responsible for the death of a loved one.
If it turns out that Shuback was indeed drunk, he may be subject to punitive damages, not just negligence.
Anyone who has lost a family member in Virginia because of the carelessness of another should contact a lawyer experienced with wrongful death claims. The lawyers at Weiner, Rohrstaff & Spivey help families whose loved one has been killed by the negligence of another. Give us a call at 703-273-9500, contact us through our website, www.WRSattorneys.com, or email srohrstaff@wrsattorneys.com. We answer your questions for free.
A headline like this gets attention. The accident occurred in 2003 in Massachusetts. If you read the article, you will see that the woman who lost her arm sued the drunk driver and the restaurant that served him 11 beers in a little over two hours. That's called "dram shop liability." Such a lawsuit would not exist in Virginia, because Virginia does not hold restaurants and bars that serve alcohol to intoxicated individuals responsible if the patrons leave their establishments after getting drunk and injure someone. In this case, the drunk driver was an employee of the restaurant who started drinking at 10:30 p.m. after this shift was over and was served alcohol and drank heavily for two hours. The woman passenger who lost her arm was not with him at the restaurant and met him at a party later. After having three more beers and a rum and coke, the drunk driver and his passenger were on their way back to the party after going to a convenience store when they ran off the road and crashed into a parked school bus.
Reaction to the verdict has been animated. Some people say she was an idiot to get in the car driven by a drunk driver, that it was her fault, not the restaurant's; that the restaurant didn't force alcohol on the driver and should not have been held responsible. Some people also called the judge and jury idiots for allowing the verdict in the first place.
What do you think?

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