If a drunk driver injured you or someone you love, you’re dealing with more than physical pain. You’re facing medical bills, missed work, and the frustration of knowing this never should have happened. You have legal rights, and Kaufman & McPherson, PLLC can help you pursue the compensation you’re entitled to.
Our experienced West Virginia drunk driving car accident lawyers handle drunk driving car accident claims throughout West Virginia. Your consultation is free, and you don’t pay us unless we win. Call 304-842-4300 now.
Your Civil Claim is Separate From Criminal Charges
Many people assume the criminal DUI case handles everything. It doesn’t. Under W. Va. Code § 17C-5-2, it’s illegal to drive in West Virginia while impaired, including when a driver’s blood alcohol concentration is 0.08% or higher. The state prosecutes that offense. But a criminal conviction doesn’t pay your medical bills or replace your lost wages.
Your civil claim is a separate legal action with a different purpose and a different standard of proof. Criminal cases require proof “beyond a reasonable doubt.” Civil injury claims use a lower standard: “preponderance of the evidence,” meaning you only need to show that it’s more likely than not that the drunk driver caused your injuries. This distinction is important because it means you can recover compensation even if the criminal charges are reduced or dismissed.
Call 304-842-4300 for a free consultation. We can help you now.
How Liability Works in WV Drunk Driving Cases
Drunk driving is negligence per se in West Virginia. That means the act of driving while intoxicated is, by itself, a breach of the driver’s duty of care. You don’t have to prove the driver was “careless” in any other way. The DUI is the proof.
West Virginia Code § 55-7-13c provides that any fault attributable to the plaintiff will not bar recovery unless the plaintiff’s fault is greater than the combined fault of all other parties responsible for the total amount of damages. This is West Virginia’s modified comparative negligence rule (the 50% bar). If you’re found 50% or less at fault, you can still recover, though your percentage of fault will reduce your compensation. In most drunk driving cases, the impaired driver bears the overwhelming majority of fault.
When You Can Sue The Bar Or Restaurant
You may have a claim against more than just the drunk driver. West Virginia courts have imposed liability for alcohol sales prohibited by liquor laws. While W. Va. Code § 60-3A-25 doesn’t directly authorize civil liability, § 55-7-9 provides that any person injured by the violation of any statute may recover damages. Reading these statutes together, the West Virginia Supreme Court of Appeals has ruled that someone licensed to sell alcohol who sells to an intoxicated person in violation of the law is liable for damages suffered by others.
In Bailey v. Black, 183 W. Va. 74, 394 S.E.2d 58 (1990), the court recognized a civil cause of action against a liquor licensee for injuries caused by selling alcohol to someone who is “physically incapacitated” by drinking. If a bar, restaurant, or private club continued serving alcohol to someone who was visibly intoxicated before that person got behind the wheel, you may have a dram shop claim against the establishment.
These cases require strong evidence. Kaufman & McPherson, PLLC, knows how to investigate these claims and identify every responsible party.
Punitive Damages In Drunk Driving Cases
Drunk driving cases are prime candidates for punitive damages in West Virginia. According to W. Va. Code § 55-7-29, such damages can be awarded if the plaintiff shows, with clear and convincing evidence, that the damages resulted from conduct done with actual malice or a reckless, conscious disregard for the safety and well-being of others. Driving while intoxicated can fulfill this requirement.
West Virginia law caps punitive damages at the greater of four times the compensatory damages or $500,000. In serious injury cases, this can significantly increase the total recovery.
Don’t wait. Call 304-842-4300 to find out what your case may be worth.
Compensation Available After a Drunk Driving Crash
A civil claim against a drunk driver can cover:
- Medical expenses: Emergency care, surgery, rehabilitation, and future treatment.
- Lost wages: Time missed from work and reduced future earning capacity.
- Pain and suffering: Physical pain and emotional distress.
- Property damage: Vehicle repair or replacement.
- Punitive damages: Additional compensation to punish reckless conduct.
- Wrongful death damages: Recovery if a loved one was killed.
Every case is different. The value of your claim depends on the severity of your injuries, the impact on your life, and the available insurance coverage. We evaluate all of these factors during your free consultation.
Steps To Take After Being Hit By a Drunk Driver
Protect your health and your legal rights.
- Call 911. Report the accident and request medical assistance. Police will document the scene and test the other driver.
- Receive medical treatment immediately. Even if you feel fine, some injuries don’t show symptoms right away.
- Document everything. Photograph the scene, your injuries, and any vehicle damage.
- Don’t accept an insurance settlement. Early offers are almost always far below what your case is worth, especially in drunk driving crashes.
- Contact an attorney now. Evidence disappears. Witnesses forget. The sooner we start, the stronger your case.
How Insurance Companies Handle These Claims
You might think a drunk driving case is straightforward. However, insurance companies often disagree. They will try to find reasons to lower your claim by claiming your injuries were pre-existing, that you delayed treatment, or that you are partially at fault for the accident.
A DUI conviction doesn’t automatically guarantee a fair insurance payout. Insurance adjusters are trained to minimize settlements. Having experienced attorneys on your side ensures someone is fighting for the full value of your claim.
West Virginia’s Two-Year Filing Deadline
Under W. Va. Code § 55-2-12, personal injury claims must be brought within two years from the date the right to bring the action accrued. There are a few limited exceptions to the rule, but they usually don’t apply. Miss this deadline, and you lose your right to seek compensation entirely.
Two years may sound like a long time, but building a strong case takes time. Evidence needs to be preserved, medical records gathered, and witnesses interviewed. Don’t let the clock run out.
Talk To a West Virginia Drunk Driving Accident Lawyer Now
Kaufman & McPherson, PLLC, handles drunk driving accident claims throughout West Virginia from our office at 16 Sterling Drive #205, Bridgeport, WV 26330. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
You didn’t cause this. You shouldn’t have to pay for someone else’s reckless decision. Start your case now. Call 304-842-4300 for a free consultation.
