WV Drunk Driving Accident Lawyers

Drunk driving is typically considered a criminal offense with penalties including fines and jail time. However, when you suffer injuries due to an accident involving a drunk driver in West Virginia (WV), you can also hold the driver responsible in civil court. The WV drunk driving accident lawyers at Burke, Schultz, Harman & Jenkinson can help you file a claim and work through the legal process to get compensation for your injuries.

When it comes to proving fault and recovering the damages you deserve, a skilled attorney can help. At Burke, Schultz, Harman & Jenkinson, you will find a WV drunk driving injury lawyer who has the experience to help you navigate a lawsuit and maximize your compensation.

A West Virginia DUI Accident Attorney for Victims and Families

Each year, drunk driving is responsible for a harrowing number of deaths nationwide. According to the National Highway Traffic Safety Administration (NHTSA), 30 percent of fatal traffic accidents in 2023 involved an individual who was driving while impaired by alcohol.

In West Virginia, hundreds of people are seriously injured or killed in accidents involving alcohol or drugs each year. The West Virginia Highway Safety Improvement Program’s 2024 Annual Report states that an average of around 57 people were killed and 137 seriously injured each year over a recent five-year period in alcohol and drug-related crashes in the Mountain State. Even when West Virginia drunk driving accidents aren’t lethal, they can leave victims with thousands of dollars in lost wages, medical costs, and chronic pain.

Drunk driving victims have a right to take legal action against those who caused their injuries by recklessly choosing to drive while intoxicated by drugs or alcohol. If you or someone you love has been hurt by an impaired driver, speak with an attorney as soon as possible to learn about your right to pursue a drunk driving accident claim in WV.

The compassionate and professional Martinsburg, WV, drunk driving accident lawyers at Burke, Schultz, Harman & Jenkinson offer a free consultation on your drunk driving accident claim.

How We Prove Fault in a Drunk Driving Accident Claim in WV

State blood alcohol limits determine the threshold for drunk driving. In West Virginia, blood alcohol limits differ depending on the driver and the type of vehicle involved, as outlined in WV Code § 17C-5-2:

• .08 percent for regular drivers
• .04 percent for commercial drivers
• .0002 percent for drivers under the age of 21

While a victim can hold a drunk driver directly liable for injuries resulting from an accident, the victim or the victim’s family may also be able to hold third parties responsible. For example, when an establishment overserves a driver, you may also be able to bring them into the lawsuit as a third party in a dram shop act case.

Alcohol Vendor Liability in WV Drunk Driving Accidents

When a drunk driver becomes intoxicated as a result of being overserved, the alcohol vendor can be held liable. Alcohol vendors are prohibited from providing alcohol to the following people under WV Code § 60-3-22:

• A visibly intoxicated person
• A person under 21 years of age
• A habitual drunk
• A person who is addicted to any controlled substance
• A mentally incompetent person

Alcohol vendors that may be held liable in a WV drunk driving accident include:

• Liquor Stores
• Bars
• Restaurants

Contact our WV drunk driving accident lawyers if you are unsure whether you can hold a particular party responsible for serving or overserving a drunk driver. Holding the alcohol vendor liable increases the number of parties you can recover damages from, helping maximize your financial compensation.

Common Injuries Seen by WV Drunk Driving Accident Lawyers

Drunk driving accidents can result in a range of injuries from minor to severe. As a result of intoxication, the drunk driver may be speeding, driving the wrong way, running a red light, or otherwise driving recklessly. As such, the collision can be violent and result in significant injuries.

While there is no typical drunk driving injury, some injuries often seen in these accidents include:

• Amputation injuries
• Bone fractures
• Burns
• Disfigurement
• Internal injuries and/or organ damage
• Lacerations and bruises
• Psychological trauma and/or PTSD
• Spinal cord injuries and/or paralysis
• Traumatic brain injuries (TBIs)

Regardless of the severity of your injuries, you may be able to hold the drunk driver and possibly a third-party vendor responsible for your injuries and other losses. Filing a drunk driving accident claim can help you get the compensation you need to physically and financially recover and support your long-term care if needed.

Damages a West Virginia DUI Accident Attorney Can Help You Recover

While money may not eliminate all the challenges created by an accident, victims can hold an impaired driver financially responsible for their injuries to help ease the adverse consequences of the other party’s wrongdoing. Whether it is the vendor providing the alcohol, the driver, or the driver’s insurance company, we will fight for your right to recover damages for the following:

• Past and future medical expenses
• Vehicle repairs or replacement
• Loss of income and earning capacity
• Pain and suffering
• Psychological trauma

In addition to ordinary damages, a DUI accident attorney may, in some cases, request compensation for punitive damages, which are intended to punish the drunk driver or another party for gross negligence or wanton disregard for other people’s safety. Judges award punitive damages when there is evidence of extremely egregious conduct or ill intent.

Filing a Drunk Driving Accident Claim in WV

While your case may seem straightforward, you must navigate the complex justice system to recover appropriate compensation in a drunk driving case. Under WV Code § 55-2-12, a personal injury action must be filed within two years of the date of the incident causing injury. It is beneficial to act quickly so that evidence can be recovered and your attorney can begin building your case.

After your lawsuit begins, you must navigate discovery, which requires exchanging information with the defendant. After discovery, negotiations may take place. A case goes to trial only if the parties do not reach a settlement. An experienced litigation attorney understands how to negotiate with opposing attorneys and best present your case to the judge and jury if that is the best course of action.

Contact Our WV Drunk Driving Accident Lawyers for Help

Having a seasoned litigation attorney increases the chance of obtaining a successful outcome in drunk driving accident cases. When you or a loved one suffers an injury due to a drunk driver, you have the right to hold the driver responsible, and an experienced lawyer can help make that happen. To get the representation you need, contact the WV drunk driving accident lawyers at Burke, Schultz, Harman & Jenkinson at 800-903-0901 or 304-263-0900 or fill out our online contact form.