A fatal accident in 2010 left a Virginia family without a cherished family member, but at least the family now has some semblance of justice after the drunk driver who fatally struck him was sentenced to 16 months in prison earlier this month.

The fatal car accident occurred at about 11 p.m. on August 20, 2010 on Sudley Road in Prince William County, Virginia. The victim was walking across the street when the driver hit him. However, instead of stopping to tend to the victim, the man drove off.

The man’s attorney tried to argue that had the driver stopped it wouldn’t have mattered because the victim’s injuries were so grave. The judge, however, pointed out that had the man not been drinking and driving in the first place, he might have been able to avoid the accident altogether. The driver’s blood alcohol content was measured at .10 when he was arrested, according to court documents.

After the accident, the driver parked his vehicle a mile away from the scene and called relatives to pick him up. He returned to the site of the accident an hour later. When he was arrested, according to charging documents, he asked police, “Is he OK?” Police took that to mean that the driver knew that he had hit someone.

While nothing can replace the victim in a fatal accident, the surviving family members may be entitled to compensation for their loss. Those affected by a tragic loss can consult with an attorney who will fight for their interests.

Source: Inside NoVa, “Herndon man to serve over one year in fatal pedestrian crash,” Amanda Stewart, Jan. 6, 2012