Drunk driving accidents can have devastating consequences, leaving victims with serious injuries, emotional trauma, and financial burdens.
If you or a loved one has been injured by a drunk driver in Morgantown or elsewhere in West Virginia, you may be wondering about your legal options. This comprehensive guide from Morgantown drunk driving accident lawyer Chirag Desai will explore the process of filing a lawsuit against a drunk driver in West Virginia, including the legal framework, potential damages, and steps to take after an accident.
Understanding Drunk Driving Laws in West Virginia
West Virginia takes drunk driving seriously, with strict laws in place to deter and punish impaired driving. The legal blood alcohol concentration (BAC) limit in West Virginia is 0.08% for most drivers. For commercial drivers, the limit is 0.04%, and for drivers under 21, there’s a zero-tolerance policy with a 0.02% limit. These limits are codified in West Virginia Code §17C-5-2, which outlines the state’s laws on driving under the influence of alcohol, controlled substances, or drugs.
Civil Liability in Drunk Driving Accidents
While criminal charges are pursued by the state, victims of drunk driving accidents have the right to seek compensation through civil lawsuits. These lawsuits are separate from any criminal proceedings and focus on recovering damages for the harm caused by the drunk driver. In West Virginia, you can file a personal injury lawsuit against a drunk driver if their negligent actions resulted in your injuries. This right is based on West Virginia Code §55-7-9, which allows for civil liability in cases of personal injury caused by the wrongful act, neglect, or default of another person.
Furthermore, this right extends to family members who may file a wrongful death lawsuit if a loved one was killed in a drunk driving accident. Wrongful death claims in West Virginia are governed by West Virginia Code §55-7-5 and §55-7-6. These statutes allow certain family members or the personal representative of the deceased’s estate to file a lawsuit seeking compensation for losses resulting from the death, including sorrow, mental anguish, and solace, as well as compensation for reasonably expected loss of income, services, protection, care, and assistance.
These statutes provide the legal basis for victims and their families to seek justice and compensation in civil court, separate from any criminal proceedings against the drunk driver. They underscore West Virginia’s commitment to protecting the rights of those harmed by the negligent and reckless actions of drunk drivers.
Grounds for Filing a Lawsuit Against a West Virginia Drunk Driver
To file a successful lawsuit against a drunk driver in West Virginia, you’ll need to establish several key elements.
First, all drivers have a legal duty to operate their vehicles safely and follow traffic laws. By driving under the influence, the drunk driver breached their duty of care. You must show that the drunk driver’s actions directly caused your injuries or damages.
Additionally, you need to demonstrate that you suffered actual damages, such as medical bills, lost wages, or pain and suffering. In drunk driving cases, proving breach of duty is often straightforward if the driver was arrested and charged with DUI. However, it’s important to gather as much evidence as possible to strengthen your case.
Types of Damages You Can Recover in West Virginia Drunk Driving Accident Cases
If you file a lawsuit against a drunk driver in West Virginia, you may be eligible to recover various types of damages.
Economic damages are quantifiable financial losses resulting from the accident, including medical expenses (past and future), lost wages and loss of earning capacity, property damage, rehabilitation costs, and out-of-pocket expenses related to the accident.
Non-economic damages are more subjective and relate to the impact on your quality of life, such as pain and suffering, emotional distress, loss of enjoyment of life, permanent disability or disfigurement, and loss of consortium (for spouses).
The Importance of Acting Quickly After a West Virginia Drunk Driving Accident
In West Virginia, there’s a statute of limitations for personal injury lawsuits, including those involving drunk driving accidents. This time limit is established by West Virginia Code §55-2-12. According to this statute, you generally have two years from the date of the accident to file a lawsuit.
The statute of limitations is a strict deadline, and failing to file within this period typically means losing your right to seek compensation through the courts. However, it’s advisable to start the process as soon as possible while evidence is fresh and witnesses’ memories are clear. Prompt action not only ensures you meet the legal deadline but also improves your chances of building a strong case. Evidence can disappear or degrade over time, and witnesses may forget important details, so the sooner you begin the legal process, the better positioned you’ll be to seek justice and fair compensation.
Challenges in West Virginia Drunk Driving Lawsuits
West Virginina drunk driving cases can present unique challenges. Drunk drivers may have minimal insurance coverage, making it difficult to recover full compensation for severe injuries. Proving intoxication can be challenging if the driver refused a breathalyzer test or if there were delays in testing.
Contact Morgantown Drunk Driving Accident Lawyer Chirag Desai
Have you or a loved one been injured by a drunk driver in Morgantown or elsewhere in West Virginia? Don’t face this challenging time alone. Contact Desai Law today for a free, no-obligation consultation. We’re here to listen to your story, answer your questions, and help you understand your legal options. Call us at (304) 974-1974 or visit our website to schedule your free consultation.
At Desai Law, we fight for the underdogs, the victims, and those who have been wronged. Let us fight for you. Remember, time is of the essence in drunk driving cases. The sooner you reach out, the better we can protect your rights and build a strong case on your behalf. Don’t let the drunk driver who harmed you or your loved one go unpunished. Take action today with a Morgantown drunk driving accident attorney by your side.
