Car accidents are already traumatic experiences. A collision may be particularly distressing when a drunk driver causes the crash. Drunk driving is a reckless and irresponsible act that endangers the lives of everyone on the road. If you or a loved one has been injured in an accident caused by a drunk driver, you may be facing serious medical bills, lost wages, and emotional suffering.
The law takes drunk driving offenses very seriously in West Virginia. Victims also have the right to seek compensation for their damages.
However, navigating the legal process can be overwhelming. This is especially true when dealing with injuries and recovery. Understanding your rights, knowing the steps to take after an accident, and seeking legal guidance can help you recover compensation.
This article provides a comprehensive guide on what to do if you are injured in a car crash caused by a drunk driver, outlining legal options, compensation avenues, and key steps to protect your rights.
Understanding Drunk Driving Laws in West Virginia
West Virginia has strict laws to prevent drunk driving and protect road users. The state sets clear legal limits for blood alcohol concentration (BAC) and penalties for offenders.
The legal BAC limit in West Virginia is:
- 0.08% for drivers over 21
- 0.04% for commercial drivers
- 0.02% for drivers under 21
According to West Virginia Code §17C-5-2, anyone driving with a BAC above these limits is considered legally intoxicated. A driver who refuses a breathalyzer or blood test under the implied consent law may face an automatic license suspension for one year. They may face this penalty even if they are not over the legal limit.
West Virginia Code §17C-5-2 states that drivers with a BAC of 0.08% or higher are legally intoxicated. A first offense can result in up to 6 months in jail and a $500 fine.
Immediate Steps to Take After a Drunk Driving Accident
Taking the proper steps after an accident caused by a drunk driver can help protect your health, your case, and your ability to recover compensation.
Ensure Your Safety and Call 911
Check yourself and others for injuries and move to a safe location if possible. Call 911 immediately to report the accident. Request emergency medical help if needed. A police report will be a crucial piece of evidence in your case.
Gather Evidence at the Scene
If you are physically able, take photos and videos of the accident scene, vehicle damage, and any visible injuries. Get contact information from witnesses. Note any signs of intoxication in the other driver, such as slurred speech or the smell of alcohol.
Obtain the Police Report
The responding officer will document the driver’s condition and administer sobriety tests. They may arrest them if they are over the legal BAC limit or otherwise fail a sobriety test. Regardless, the investigating officer will file an official crash report. This report can serve as key evidence in your case.
Seek Medical Evaluation
See a doctor as soon as possible after an accident, even if you don’t believe you’re injured. Some injuries, like concussions or internal bleeding, may not show symptoms immediately. However, they can worsen over time.
Avoid Discussing the Accident with Insurance Companies
The drunk driver’s insurance company may try to downplay their client’s fault. Or, an insurer may offer a low settlement. Do not give any recorded statements or accept any offers without consulting an attorney.
Liability in a Drunk Driving Accident: Who Can Be Held Responsible?
The drunk driver is the primary party at fault. However, in some cases, others may share liability for your damages.
- The Drunk Driver is responsible for any injuries or damages caused by their reckless behavior.
- Bars or restaurants that over-serve the driver may be liable under certain circumstances.
- Employers may be held responsible if the intoxicated driver was operating a company vehicle.
- Vehicle Owners who knowingly allowed an intoxicated person to drive their car could share liability.
Compensation for Victims of a Drunk Driving Accident
Victims of drunk driving accidents may be entitled to several types of compensation, including:
- Medical expenses, including hospital bills, surgeries, and long-term rehabilitation
- Lost wages and reduced earning capacity if the injuries prevent returning to work
- Pain and suffering, covering physical pain and emotional distress
- Property damage for vehicle repairs or replacement
- Punitive damages, which are awarded in cases of extreme negligence
According to the National Highway Traffic Safety Administration (NHTSA), nearly 1\3 of all traffic fatalities in the U.S. involve a drunk driver.
Legal Options: Filing a Personal Injury Claim vs. Criminal Case
Many victims assume they will automatically receive compensation if the drunk driver who caused their accident is facing criminal charges. However, while criminal cases punish the offender, they do not compensate victims.
A personal injury lawsuit allows victims to recover financial damages for medical expenses, lost income sources, and pain and suffering. The time limit to file a personal injury claim in West Virginia is two years from the date of the accident (West Virginia Code §55-2-12).
DUI Penalties in West Virginia
| Offense | BAC Level | Jail Time | Fines | License Suspension |
| First Offense | 0.08%+ | Up to 6 months | $100 – $500 | 6 months |
| Second Offense | 0.08%+ | 6 months – 1 year | $1,000 – $3,000 | 10 years |
| Third Offense | 0.08%+ | 1 – 3 years | $3,000 – $5,000 | Lifetime |
| Underage DUI | 0.02%+ | None (if first offense) | $25 – $100 | 60 days |
FAQs
What should I do if the drunk driver flees the scene?
Call 911 immediately and provide as much detail as possible about the driver and their vehicle. Police may use witness statements and traffic cameras to locate them.
Can I still get compensation if I was partially at fault for the accident?
Yes. West Virginia follows a modified comparative negligence rule. This means you can recover damages if you are less than 50% at fault for the accident or your injuries. However, your percentage of fault will reduce your compensation.
Can I sue a bar or restaurant for overserving the drunk driver?
West Virginia does not have a traditional Dram shop law. Regardless, businesses that serve alcohol irresponsibly may be held liable in specific cases.
How long does it take to settle a drunk driving accident case?
It depends on the complexity of the case. If liability is clear, it may settle within months. If the case goes to trial, it could take a year or more.
What if the drunk driver doesn’t have insurance?
You can file a claim through your uninsured/underinsured motorist coverage. A Martinsburg Car Accident Attorney can help explore additional legal options.
Get Help After a Drunk Driver Harms You in West Virginia
Drunk driving accidents are entirely preventable. Sadly, they continue to cause severe harm to victims and their families. If you or a loved one has been injured in such an accident, taking immediate action is crucial to protect your health, rights, and financial future.
Understanding the legal options can help you secure the compensation you deserve. Holding the responsible party accountable for everything from medical expenses to lost wages and emotional distress is essential to your recovery process.
At Manchin Ferretti Injury Law, we are dedicated to supporting victims of drunk driving accidents in the fight for justice. Our experienced legal team understands the complexities of these cases and will work to maximize your compensation. If you need legal guidance, consider consulting with a personal injury attorney to explore your options and take the necessary steps toward your recovery.