Every day, lives are forever changed because someone made the reckless choice to drive under the influence. Drunk driving significantly impairs a person’s judgment, reaction times, and ability to control a vehicle, often leading to severe accidents.
Statistics show that drunk driving is one of the leading causes of fatal car crashes in the state. In 2022, 60 of the state’s 264 fatalities were due to an intoxicated driver.
Yet, despite strict DUI laws and awareness campaigns, many drivers still choose to get behind the wheel while intoxicated, putting countless lives at risk. Victims often face months, if not years, of medical treatments and rehabilitation, not to mention the emotional toll of dealing with such a traumatic event.
If you’ve been in a drunk driving accident, you must get legal support. At Kaufman & McPherson, PLLC., our West Virginia drunk driving accident lawyers can help you understand your rights, gather evidence, and build a strong case to hold the intoxicated driver responsible.
Legal Steps to Take After a Drunk Driving Accident
In the immediate aftermath of a drunk driving accident, emotions run high. It’s easy to feel lost or unsure about what to do next. If this sounds like you, here are the steps to take after a drunk driving accident:
1. Prioritize Your Health
Even if you think you got out of the accident virtually unscathed, see a doctor immediately. Adrenaline can mask serious injuries, so it’s important to get medical attention as soon as possible.
2. Contact Law Enforcement
After ensuring your safety, call the police. When police arrive, they will likely administer a field sobriety test or breathalyzer if they suspect the other driver is intoxicated. Their report will become a vital piece of evidence when proving that alcohol played a role in the crash.
3. Collect Evidence at the Scene
If you’re physically able to, try to gather as much evidence as possible while you’re still on the scene. Take photos of the vehicles involved, any visible injuries, road conditions, and anything else that might have contributed to the accident.
If there are witnesses, get their contact information as well.
4. Exchange Information, But Be Cautious
You’ll need to exchange insurance and contact information with the other driver, but be cautious about what you say. This can be tricky, especially in the heat of the moment when your emotions are all over the place.
Avoid making any statements that could be seen as admitting fault, even if you’re trying to be polite. Just stick to the facts.
5. Document Everything
Keep records of everything related to the accident—medical bills, repair estimates, time missed at work, and any communication with insurance companies. We can use this to build your case at a later date.
6. Consult With a West Virginia Drunk Driving Accident Attorney
An experienced West Virginia drunk driving accident attorney can help you deal with the complexities of DUI laws, gather evidence, and fight for the compensation you deserve.
Proving Intoxication in a Drunk Driving Accident Case
The primary way to prove intoxication is through a blood alcohol concentration (BAC) test. Law enforcement usually administers a BAC at the scene or shortly afterward. In West Virginia, a driver is legally considered intoxicated if their BAC is 0.08% or higher.
Police reports are also a valuable resource for proving intoxication, as they often contain officer observations about the driver’s behavior, speech, or appearance—like slurred speech, difficulty standing, or the smell of alcohol.
Witness statements are another key piece of the puzzle. If other drivers, passengers, or even bystanders saw the driver swerving, speeding, or otherwise driving recklessly before the crash, their testimony can reinforce your claim of intoxication.
In some cases, there may also be surveillance footage from nearby businesses or traffic cameras. This kind of visual evidence can be incredibly powerful in showing how a driver was acting and why they are liable for your injuries.
Compensation Available to Victims of Drunk Driving Accidents
If you’ve been injured in a drunk driving accident in West Virginia, you might be entitled to several types of financial recovery:
- Medical Expenses: This covers emergency treatment right after the accident, as well as ongoing care like surgeries, rehabilitation, and any future medical needs related to your injuries.
- Lost Wages: If your injuries keep you from working, compensation for lost wages can help stabilize your financial situation. Lost wages include lost income and loss of earning capacity if you can’t return to work in the same capacity as before.
- Pain and Suffering: Compensation for the physical pain and emotional distress from the accident. This recognizes the impact of a drunk driving accident isn’t just physical; it can leave emotional scars that are just as debilitating.
- Property Damage: If your vehicle or other personal items were damaged or destroyed in the accident, you could receive compensation to repair or replace them.
How Our West Virginia DUI Accident Attorneys Strengthen Your Drunk Driving Accident Claim
Here’s how we can help strengthen your claim and fight for the justice you deserve:
Investigating the Accident
One of the most crucial parts of a drunk driving case is proving that the at-fault driver was intoxicated. Our attorneys will gather key evidence, like BAC results, police reports, and even eyewitness accounts, to show that the driver’s impairment caused the accident.
Working With Experts
Our West Virginia DUI accident attorneys will work with medical professionals or accident reconstruction experts to show the full impact of the crash and the long-term consequences of your injuries.
Handling the Insurance Companies
Insurance companies are often more focused on saving money than paying what’s fair. We will handle the negotiations, push back against lowball offers, and ensure they don’t take advantage of you.
Filing a Lawsuit if Necessary
Our West Virginia drunk driving accident lawyers are ready to fight for you if the insurance company refuses to offer a fair settlement. We’ll present a strong case, backed by evidence, to ensure you receive your rightful compensation.
Contact an Experienced West Virginia DUI Accident Lawyer
Facing the emotional, physical, and legal aftermath of a drunk driving auto accident can be intense. It’s natural to feel angry, frustrated, and even helpless when someone else’s poor decision turns your life upside down.
The last thing you need right now is to have a legal battle on your hands. This is why it’s so important to have a West Virginia DUI accident attorney who understands what you’re going through and can fight for your rights.
We take the time to listen to your story, understand your needs, and tailor our approach accordingly. As your West Virginia DUI accident lawyers, we’ll fight to secure the compensation you deserve.
Contact us today at 304-842-4300 for a free consultation.
