When West Virginia Automobile Accidents Involve Drunk Driving

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In 2008, 34 percent of all West Virginia traffic fatalities involved a blood alcohol concentration (BAC) of 0.08 percent or higher. While this represents a 53 percent reduction from the highest recent level in 1983, it explains why the state imposes severe penalties for anyone convicted of drunk driving. Even first-time offenders are likely to serve jail time—and a third drunk driving conviction is treated as a felony offense. If you are a victim of a drunk driving car accident, contact the auto accident attorneys in West Virginia at Kaufman & McPherson, PLLC today.

Special considerations in drunk driving accidental injury cases

Particularly if you were injured by a third-time drunk driver in an auto accident, attorneys in West Virginia must deal with the complications posed by a felony trial. It is important to understand that criminal proceedings are treated separately from the civil case you pursue to collect damages.

In fact, even if the drunk driver is acquitted in the criminal trial, these results have no bearing on the results of your civil case. But, you need an auto accident lawyer in West Virginia who knows how to deal with the complications of these cases to ensure you are able to gain full and timely compensation for your expenses.

The skilled West Virginia automobile accident attorneys at Kaufman & McPherson, PLLC have over three decades of experience dealing with complex cases such as these. We understand the criminal and civil court processes, and we know how to protect your interests and protect your right to collect.

How our West Virginia car accident attorneys help

Each West Virginia car wreck attorney at Kaufman & McPherson, PLLC has the skills and experience to handle the many special situations involved when you need to collect damages from a drunk driving offender, including the following:

  • Dealing with the timing and other issues connected with both civil and criminal cases
  • Handling complications caused by the negligent party serving jail time
  • Obtaining official records pertaining to the drunk driving arrest and accident details

In addition, we use the past experience of over 30 years of helping auto accident injury victims to provide world-class personal services and devoted legal support to help every client recover all damages due to them.

Contact the firm today

Call or visit us for a free consultation to discuss your personal injury matter. We also offer home and hospital visits for those who are injured and cannot travel to us.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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