Being hit by a drunk driver is infuriating. You did everything right, but someone else’s reckless decision changed your life. If you’re dealing with injuries, mounting medical bills, and unanswered questions after a drunk driving accident in West Virginia, our experienced West Virginia car accident lawyers at Kaufman & McPherson, PLLC can assist you now. Call 304-842-4300 for a free consultation.
How Many Car Accidents Are Caused By Drunk Driving?
According to the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired driving accounts for roughly 32% of all traffic fatalities in the United States. In 2022, 13,524 people died in crashes involving a driver with a blood alcohol concentration (BAC) of .08 or higher.
West Virginia’s numbers are concerning. The state has consistently ranked among the worst in the nation for impaired driving fatalities per capita. Although exact percentages shift year to year, drunk driving remains one of the leading causes of serious and fatal crashes on West Virginia roads.
These aren’t just statistics. They represent real people with real injuries, and real families left to pick up the pieces.
Common Injuries In Drunk Driving Collisions
Drunk drivers often travel at high speeds and fail to brake before impact. That makes these collisions especially violent. Common injuries include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal organ damage
- Severe lacerations and burns
- Whiplash and soft tissue injuries
Because impaired drivers frequently run red lights, cross center lines, or fail to stop entirely, the crashes they cause are often head-on or T-bone collisions. These carry the highest risk of catastrophic or fatal injury.
Your Legal Rights After Being Hit By A Drunk Driver
If a drunk driver injured you in West Virginia, you have the right to pursue compensation through a civil personal injury claim. This is completely separate from any criminal charges the driver may face.
You can seek compensation for:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
A criminal conviction isn’t necessary to file a civil claim. Even if the drunk driver is never charged, you can still pursue compensation. The burden of proof in civil court is lower than in criminal court.
West Virginia’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. Evidence disappears, and witnesses’ memories fade, so don’t wait. Call 304-842-4300 to speak with Kaufman & McPherson, PLLC today.
How Liability Works In Drunk Driving Cases
In most drunk driving crashes, liability is clear. A driver who was impaired and caused an accident was negligent. Police reports, BAC test results, and witness testimony all help establish fault.
West Virginia follows a modified comparative negligence rule with a 50% bar. You can recover compensation as long as you’re 50% or less at fault. Your percentage of fault reduces your award. For example, if you’re awarded $100,000 but found 10% at fault, you’d receive $90,000.
Insurance companies sometimes try to shift blame onto the injured person, even in clear-cut drunk driving cases. Having an experienced attorney on your side protects you from these tactics.
What Is Dram Shop Liability In West Virginia?
West Virginia law allows you to hold a bar, restaurant, or other establishment liable if they served alcohol to a visibly intoxicated person who then caused your accident. This is known as dram shop liability.
To pursue a dram shop claim, you generally need to show:
- The establishment served alcohol to someone who was visibly or noticeably intoxicated.
- That person went on to cause your accident and injuries.
Dram shop claims matter because they add another source of compensation. This is especially important when the drunk driver’s insurance isn’t sufficient to cover your damages. Our attorneys at Kaufman & McPherson, PLLC, know how to investigate these claims and identify all liable parties.
Steps To Take After Being Hit By A Drunk Driver
Protect yourself and your case by taking these steps.
- Call 911 immediately. Report the accident and tell the dispatcher you suspect impairment.
- Receive medical treatment the same day. Some injuries don’t show symptoms for hours or days, and any delay gives insurance companies ammunition to deny your claim.
- Document everything. Photograph the scene, your injuries, and vehicle damage. Collect witness contact information.
- Don’t accept any insurance offer without talking to an attorney first. Early offers are almost always far too low.
- Contact Kaufman & McPherson, PLLC. We can help you now. Call 304-842-4300.
How A Drunk Driving Claim Differs From A Standard Car Accident Case
Drunk driving cases carry unique advantages and complexities that set them apart from typical accident claims.
Stronger liability. Impairment is powerful evidence of negligence. BAC results, field sobriety tests, and police observations make it harder for the at-fault driver to deny responsibility.
Potential for punitive damages. West Virginia courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which cover your actual losses), punitive damages punish especially reckless conduct. Driving drunk often meets that threshold.
Multiple liable parties. Beyond the drunk driver, you may have claims against the establishment that served them or the vehicle owner if they knowingly let an impaired person drive.
Criminal case evidence. If criminal charges are filed, evidence from those proceedings (BAC results, police reports, witness statements) can strengthen your civil claim.
These factors create opportunities for greater compensation, but they also add complexity. An experienced personal injury attorney can help you take full advantage.
Frequently Asked Questions About Drunk Driving Accidents
Can I sue a drunk driver even if they weren’t convicted?
Yes. A civil personal injury claim is separate from criminal proceedings. You don’t need a conviction to recover compensation.
How long do I have to file a claim in West Virginia?
West Virginia’s statute of limitations for personal injury is two years from the date of the accident. Missing this deadline can bar your claim entirely.
How much does it cost to hire an attorney?
Kaufman & McPherson, PLLC, works on a contingency fee basis, meaning no fee unless we win. Your consultation is completely free.
Start Your Case Now
Drunk driving accidents cause devastating injuries, and navigating the legal process on your own only adds to the stress. You don’t have to do this alone. Our attorneys handle car accident cases throughout West Virginia, and we know how to build strong claims that pursue maximum compensation from drunk drivers and negligent establishments.
Your consultation is free, and you pay nothing unless we recover compensation for you. Don’t let insurance companies minimize your claim while you’re still healing. Start your case now. Call 304-842-4300.
