Thousands of drunk driving accidents happen every year. Sadly, all of these accidents could be avoided if drivers acted responsibly and complied with traffic laws. Instead, drunk drivers in Charleston, WV, choose to put other people at risk.
If you or a loved one have been injured in a Charleston, West Virginia DUI accident, the team at Farmer, Cline & Campbell Personal Injury Lawyers can help.
Call us today at (304) 346-5990 to schedule a free consultation with a Charleston, WV, DUI accident attorney. Our Charleston, WV DUI accident lawyers will evaluate your case, discuss your rights, and create a plan to get the recovery you deserve.
How Farmer, Cline & Campbell Personal Injury Lawyers Can Help After a DUI Accident in Charleston, WV
At Farmer, Cline & Campbell Personal Injury Lawyers, our Charleston, WV personal injury lawyers have over 70 years of combined experience and have recovered hundreds of millions of dollars for accident victims. Since 2007, our firm has represented accident victims in Ohio and West Virginia.
We fight hard to ensure every client gets the compensation they need.
When you work with our Charleston, WV car accident attorneys, we’ll:
- Investigate your case to determine who was at fault
- Gather evidence to support your case
- Calculate damages
- Work with experts and gather documentation to prove damages
- File a claim with the at-fault party’s insurance company
- Negotiate with the insurance company to ensure a fair settlement
- File a personal injury lawsuit against the party responsible
- Represent you in court
- Comply with all deadlines
- Complete administrative tasks
- Keep you updated on the progress of your case
DUI accidents are traumatic and life-changing events. Let our team handle your case so you can get your life back on track after your accident. Schedule a free consultation today with a Charleston, WV DUI accident lawyer to learn more about how we can fight for you.
What Is Driving Under the Influence in West Virginia?
Under West Virginia law, a person is guilty of driving under the influence if the individual operates a vehicle while under the influence of alcohol or drugs.
When a driver’s blood alcohol content is .08% or higher, they are considered to be driving under the influence. Similarly, drivers impaired by illegal drugs, over-the-counter drugs, or prescription drugs are guilty of driving under the influence if the drug impairs their ability to operate the vehicle.
Driving under the influence is a serious offense that can lead to criminal charges and civil liability. Contact our team to discuss your case.
How Common Are DUI Accidents in West Virginia
According to data from the National Highway Traffic Safety Administration, about 37 people die every day in the United States in drunk-driving accidents.
In the last five years, 23% of West Virginia’s car accident fatalities were alcohol-related. In 2021, there were 47 traffic fatalities involving drunk drivers.
Despite the known risks of driving under the influence, it remains a significant issue on West Virginia roads. If you or a loved one have been injured in a DUI accident, let the lawyers at Farmer, Cline & Campbell Personal Injury Lawyers fight for you.
How to Prove Liability in Drunk Driving Accidents
West Virginia is an at-fault state for car accidents. This means the at-fault party in an accident is responsible for all damages caused by the accident.
If you’re injured in an accident caused by a driver who was under the influence of drugs or alcohol, you’re likely entitled to compensation for all of your losses. The key in these cases is proving that the other driver was impaired.
To successfully do this, our team will thoroughly investigate your case and gather evidence to show the other party was impaired.
Key evidence in DUI cases includes:
- Police reports citing the driver for operating a vehicle under the influence of drugs or alcohol
- Medical records that show the driver’s blood alcohol level
- Witness statements about the driver’s consumption of alcohol or use of drugs
- A history of driving under the influence
- Video footage of the accident showing reckless driving
- Photographs of the accident scene
- Physical evidence from the accident scene
An experienced DUI accident lawyer will gather and preserve key evidence to support your case. Schedule a free consultation with a Charleston DUI accident attorney to learn more.
What Damages Are Available After a DUI Accident
Accident victims are entitled to damages to compensate them for all losses caused by an accident. This includes economic damages and non-economic damages.
Economic damages reimburse victims for tangible losses after an accident, while non-economic damages compensate victims for intangible or abstract losses after an accident.
Examples of compensatory damages in West Virginia include:
- Medical bills and expenses
- Future medical expenses
- Physical therapy and occupational therapy costs
- Nursing and homecare expenses
- Property damage
- Lost wages
- Lost earning capacity
- Pain and suffering
- Decreased quality of life
- Emotional distress
- Loss of consortium
In rare circumstances, West Virginia courts will also award punitive damages. Punitive damages are awarded to punish the responsible party and deter bad behavior.
Under West Virginia law, punitive damages can only be awarded when the responsible party acts with malice or a conscious, reckless, and outrageous indifference to the health, safety, and welfare of others.
While punitive damages are rarely awarded in personal injury cases, DUI cases involve reckless conduct that more frequently meets the standard necessary for punitive damages.
Contact a local DUI accident lawyer to discuss the damages available in your case.
Schedule a Free Consultation With a Charleston, WV DUI Accident Lawyer
If you or a loved one have been injured in a Charleston, WV, DUI accident, contact Farmer, Cline & Campbell Personal Injury Lawyers to discuss your case. We’ll schedule a free consultation to learn more about your case and discuss your rights.
Our team knows how to navigate Charleston DUI cases and get results for our clients. Call us at contact us online, or visit our Charleston personal injury office to schedule your free consultation with a Charleston, WV DUI accident lawyer.
