Bill Text: VA SB125 | 2016 | Regular Session | Enrolled
Bill Title: Punitive damages; persons injured by intoxicated drivers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-03-25 - Governor: Acts of Assembly Chapter text (CHAP0510) [SB125 Detail]
Download: Virginia-2016-SB125-Enrolled.html
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Be it enacted by the General Assembly of Virginia: 1. That §8.01-44.5 of the Code of Virginia is amended and reenacted as follows: §8.01-44.5. Punitive damages for persons injured by intoxicated drivers. In any action for personal injury or death arising from the operation of a motor vehicle, engine or train, the finder of fact may, in its discretion, award punitive damages to the plaintiff if the evidence proves that the defendant acted with malice toward the plaintiff or the defendant's conduct was so willful or wanton as to show a conscious disregard for the rights of others. A defendant's conduct shall be deemed sufficiently willful or
wanton as to show a conscious disregard for the rights of others when the
evidence proves that (i) when the incident causing the injury or death
occurred, the defendant had a blood alcohol concentration of 0.15 percent or
more by weight by volume or 0.15 grams or more per 210 liters of breath; (ii)
at the time the defendant began drinking alcohol, or during the time he was
drinking alcohol, he knew or should have known that his ability to operate a
motor vehicle, engine or train would be impaired, or when he was operating a
motor vehicle he knew or should have known that his ability to operate a motor
vehicle was impaired; and (iii) the defendant's intoxication was a proximate
cause of the injury to or death of the plaintiff. For the purposes of clause
(i), it shall be rebuttably presumed that the blood alcohol concentration at
the time of the incident causing injury or death was at least as high as the
test result as shown in a certificate issued pursuant to §18.2-268.9 or in a
certificate of analysis for a blood test administered pursuant to §18.2-268.7,
provided that the test was administered However, when a defendant has unreasonably refused to submit to a test of his blood alcohol content as required by §18.2-268.2, a defendant's conduct shall be deemed sufficiently willful or wanton as to show a conscious disregard for the rights of others when the evidence proves that (a) when the incident causing the injury or death occurred the defendant was intoxicated, which may be established by evidence concerning the conduct or condition of the defendant; (b) at the time the defendant began drinking alcohol, or during the time he was drinking alcohol, he knew or should have known that his ability to operate a motor vehicle was impaired; and (c) the defendant's intoxication was a proximate cause of the injury to the plaintiff or death of the plaintiff's decedent. In addition to any other forms of proof, a party may submit a certified copy of a court's determination of unreasonable refusal pursuant to §18.2-268.3, which shall be prima facie evidence that the defendant unreasonably refused to submit to the test. |
