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Automobile Accident on Afton Mountain Casued by DUI Driver

The Daily Progress Reports that a young Charlottesville resident has been charged with driving under the influence and felony hit-and-run following an accident involving a Virginia Department of Transportation (VDOT) construction worker that occurred early Saturday morning on I-64 Eastbound, Afton Mountain. 

According to the Virginia State Police, the victim, 50-year-old Jose Porfirio Martinez of Reston, Virginia was in a work zone near one of the eastbound lanes of I-64 when he was struck by a 1999 Buick Sedan.  The driver immediately fled the scene.

Virginia State Police had received a call reporting a reckless driver around the same time that the accident occurred, and they were able to find the vehicle after a tip from the owner, who was not the driver involved, called State Police to inform them that the vehicle may have been in an accident.  Virginia State Police arrested Vitalija Vasciunaite, 22, at around 7am on Saturday morning.

Jose Martinez had been working for VDOT as a bridge repairman and was in a clearly marked work zone, wearing reflective clothing at the time of the accident.  He sustained life threatening injuries as a result of the accident and was transported by ambulance to the University of Virginia Medical Center where he is now recovering.

Because the defendant was alleged to be under the influence, the victim may be allowed to pursue punitive damages under Virginia law in addition to compensatory damages.  If the defendant's blood alcohol content (BAC) was .15 or greater at the time of the collision, Virginia Code allows a claim for punitive damages.  The Victim would have to prove the .15 BAC at the time of the collision and not at the time of the arrest.  This can be done with the help of a toxicologist.  If the BAC was less than .15, it is still possible to pursue punitive damages by proving a willful and wanton disrgard of the rights of Mr. Martinez.



The above incident ironically occured about one mile from the VDOT memorial on Afton Mountain, honoring construction workers who have lost their lives while on the job.

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