How West Virginia Law Treats Drunk Driving Accidents
Drunk driving, known in West Virginia as “driving under the influence” or DUI, is defined by state law. The more intoxicated a driver is, the more liable they are for causing your accident.
A person with a blood alcohol content (BAC) level of .08 percent is considered impaired and can be charged with a DUI in West Virgina.
With a BAC of 0.15 percent or higher, that driver could be charged with an aggravated DUI, which carries stiffer jail time and fines.
These are the criminal laws for drunk driving. That’s different from a legal claim you may file. A criminal conviction against the driver who injured you can make your personal injury claim stronger, but it’s not necessary.
In West Virginia and elsewhere, civil cases like your personal injury claim have a lower burden of proof than criminal cases.
You don’t need to show someone is guilty of a crime, only that they are legally liable for causing the accident through negligence or reckless actions.
In some cases, you can pursue a business that knowingly over-served alcohol to the driver who eventually caused your car accident injury.
You don’t have forever to decide when to file a lawsuit. In West Virginia, you have two years from the date of your accident to bring a personal injury claim against a drunk driver.
When you’re not sure whether you have a personal injury case, Shaffer & Shaffer can help.
We can look at the evidence and help you evaluate your options: negotiating with the driver’s insurance company, filing a lawsuit against the driver, suing the business that allowed them to drink too much and more.
If the impaired driver has no insurance or not enough insurance to compensate you for your injuries, your own insurance may provide coverage for you.
You can start with a free consultation. Our West Virginia drunk driving accident lawyers charge you no fees unless we win your case.
Compensation for Your West Virginia Drunk Driving Accident
Drunk driving can cause catastrophic injuries. With slower reaction times, impaired drivers are far less likely to take action to lessen the impact of a car crash.
The injuries can include:
When you’ve been hit by a moving vehicle, the trauma is terrifying. Take these steps to protect your health and your rights:
- Broken bones
- Spinal injuries
- Internal bleeding
- Brain trauma
- Organ damage
- Lost limbs
These injuries can cause permanent effects. You may be left unable to work or care for yourself like you used to.
Even when you’re expected to get better, you might face a long recovery and mounting medical bills.
A personal injury claim after injuries caused by a drunk driver could be the best path to help you get your health and your life back.
To win a case, you first must prove who was responsible—and by how much.
West Virginia is a “comparative negligence” state. That means the impaired driver must be found at least 50 percent responsible for the accident in order to bring a lawsuit against them.
The more responsibility they bear, the greater the percentage of compensation they may have to pay. If you are found partially responsible, you’ll get less.
West Virginia doesn’t put a cap on the damages you can seek through a personal injury claim.
Damages include economic items, such as a destroyed vehicle, lost wages and your medical bills, and non-economic damages, such as the pain and suffering you endure and the impact to your quality of life.
It’s less common, but sometimes you can pursue punitive damages, seeking a judgment against the drunk driver not just as compensation for your losses but as punishment for their drinking or doing drugs and getting behind the wheel.
Punitive damages are partly meant to make a statement warning people not to drink and drive.
How much you’re awarded depends on many factors, including the severity of your injuries, the liability of the impaired driver, and even their insurance policy.
Many insurance companies will come to you with a quick settlement offer. Don’t take it. Call Shaffer & Shaffer. We can determine whether it’s a fair offer¬¬¬¬¬—or whether they’re just trying to make you go away.
Drivers in West Virginia seem to understand how dangerous it is to drink and drive. Data show that alcohol-related accidents are lower here than the rest of the country.
In 2023, only 13 percent of accidents in West Virginia involved a driver with an alcohol level above the legal limit. That percentage is closer to 20 percent nationwide.
But one drunk driving accident is always too many.
You don’t have to let a drunk driver get away with hurting you.
We all must do our part to stop drunk driving, and personal injury claims that deter others from driving intoxicated can be part of the effort.
After an impaired person hurt you, let us help you rebuild your life.
Shaffer & You: Why Work with Us?
Everyday West Virginians can get legal help from one of the most established and respected law firms in the state: Shaffer & Shaffer. Our firm is over a century old and still going strong because we put the needs of our clients first—always.
West Virginia lawyers Ryan Walters and Chip Shaffer in the office at Shaffer & Shaffer.
Have a Question about Personal Injury Claims?
After a life-altering accident, you’re understandably upset, confused and full of questions. To help you get a sense of what’s next, we’ve prepared answers to common questions about personal injury claims and other legal cases.
Injury FAQs »
