It only takes one reckless decision to change everything. When a drunk driver gets behind the wheel, they put lives at risk. If you’re reading this, you may already be living with the consequences.
Maybe you’re trying to hold it together for your family while dealing with injuries, hospital visits, or mounting medical bills. Maybe someone you love is no longer here because another person made an avoidable, devastating choice. Either way, you didn’t cause this, and you shouldn’t be the one paying the price.
The West Virginia drunk driving accident attorneys at Robinette Legal Group, PLLC, help drunk driving accident victims seek financial recovery through civil claims. Securing compensation from the impaired driver’s insurer can’t undo all the harm that’s been done, but the right compensation can help you regain stability, cover your losses, and move forward with the support you need.
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Key Takeaways for West Virginia Drunk Driving Accident Attorneys
- Drunk driving crashes account for nearly one in four fatal traffic accidents in West Virginia.
- A criminal case punishes the drunk driver, but a civil claim helps you recover financially. You can pursue both.
- Civil claims may include both economic and non-economic damages, like medical expenses and emotional distress.
- If a bar or restaurant kept serving alcohol to someone who was clearly drunk, they may also be held responsible for the crash.
- Robinette Legal Group brings over 30 years of litigation experience, including a background in insurance defense, which allows us to anticipate and counter insurer tactics
- Free consultations and contingency fees mean you pay nothing unless we recover for you
Why Drunk Driving Accidents Continue to Threaten West Virginia Roads
Jeff Robinette, West Virginia Drunk Driving Accident Lawyer
Despite increased enforcement and public awareness campaigns, alcohol-impaired driving remains a leading cause of traffic fatalities in West Virginia. In one recent year, drunk drivers were involved in 60 of the state’s 264 traffic deaths, nearly a quarter of all fatal crashes statewide, according to the West Virginia Department of Transportation.
These crashes are not “accidents” in the traditional sense. They happen because someone made the reckless choice to drive after drinking. And those choices leave real people like you and your family struggling to rebuild their lives.
How Robinette Legal Group Helps West Virginia Drunk Driving Victims
Our founding attorney, Jeff Robinette, brings over three decades of personal injury litigation experience, including a background defending insurance companies. That unique perspective gives us insight into how insurers try to undervalue drunk driving cases and how to fight back.
When you hire Robinette Legal Group, here’s what you can expect:
- Personalized legal strategy that reflects the severity and specifics of your injuries
- Access to top-tier experts, including accident reconstructionists and medical professionals
- Close communication, including direct access to your attorney when you need answers
- No upfront costs, with contingency fees that only apply if we recover money for you
We don’t take every case, and we don’t treat your case like just another file. Every client receives the care, time, and legal firepower needed to pursue full and fair compensation.
What Compensation Might Cover After a Drunk Driving Crash
After a serious drunk driving accident, your life may never look the same. Financially, emotionally, and physically, the toll can be devastating. Compensation is about restoring as much of your life as possible and holding the at-fault driver accountable.
Depending on your situation, you may be able to pursue a wide range of damages. Compensation in West Virginia DUI accident claims typically includes:
- Medical expenses, including surgeries, hospital stays, prescriptions, and long-term care
- Lost wages during your recovery and diminished future earning capacity
- Property damage, including vehicle repair or replacement
- Pain and suffering from physical discomfort, scarring, or chronic pain
- Emotional distress, including anxiety, depression, or PTSD
- Loss of enjoyment of life, especially in cases involving lasting disability
In some cases, punitive damages may apply if the driver acted with extreme recklessness, such as having a high blood alcohol level or being a repeat offender.
Even when criminal charges are pending, a personal injury lawsuit is a separate matter that focuses entirely on your personal losses and your right to recover damages for what you’ve suffered and lost.
What to Do After a Drunk Driving Accident in West Virginia
If you’re already getting medical care, you’re doing the most important thing — protecting your health. But once your condition is stable, there are other steps you can take to protect your potential claim and future recovery.
Start with these essential actions:
- Hire a drunk driving accident lawyer to investigate and preserve critical evidence
- Follow all treatment plans and attend every medical appointment to document your recovery
- Keep a journal or use video to record pain levels, emotional changes, and activity limitations
- Save receipts and bills for out-of-pocket expenses related to the crash
- Avoid speaking to insurance adjusters or posting about the accident online
Your West Virginia drunk driving accident lawyer will handle accident reports, witness statements, expert reviews, and all communication with insurance companies. The sooner you reach out, the more opportunities there may be to strengthen your case.
Who Can Be Held Responsible After a Drunk Driving Crash?
While the impaired driver is the most obvious party, they’re not always the only one who may be liable. Depending on the circumstances, others may share legal responsibility.
Here are a few possible responsible parties:
- The drunk driver, for making the decision to drive under the influence
- Bars or restaurants, under West Virginia’s dram shop liability laws, if they served or sold alcohol to a person who was physically incapacitated by alcohol or who they had reason to believe was under 21
- Employers, if the driver was acting within the scope of their job at the time of the crash
- Vehicle owners, if they negligently entrusted their vehicle to someone who was intoxicated or unlicensed
Determining all potential sources of liability can increase the chances of recovering full compensation. Your legal team will examine every angle to uncover the truth and build a compelling claim.
What If You Were Partially at Fault for the Crash?
Drunk driving accidents often involve complicated fact patterns, and it’s not uncommon for insurance companies to argue that the injured party shares some of the blame. Even if you were speeding, changing lanes, or failed to yield, you may still have a claim under West Virginia’s comparative fault rules.
Under West Virginia’s modified comparative fault rule (W. Va. Code §55-7-13a), you may pursue compensation as long as your share of fault is not greater than the fault of the other party (50% or less). However, your compensation may decrease by your percentage of fault.
What matters is having a legal team that can push back against attempts to shift unfair blame onto you. At Robinette Legal Group, we build every case with clarity, precision, and evidence to prove liability and strengthen your position.
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How Long Do You Have to File a Drunk Driving Accident Claim?
West Virginia imposes a two-year statute of limitations on personal injury cases, including those involving drunk driving. This means you have two years from the date of the crash to file a civil claim against the at-fault driver or other responsible parties.
Waiting too long can result in a lost opportunity to recover damages, even if you have a strong case. Evidence disappears. Witnesses move or forget. Insurance companies become harder to deal with.
The best time to act is now. The sooner our team gets involved, the better we can preserve vital documentation, assess your medical records, and develop a case strategy that aligns with your recovery timeline and long-term needs.
How Drunk Driving Crashes Differ from Other Car Accidents
While all car accidents can cause serious injury, drunk driving crashes often carry additional layers of legal and emotional complexity. Civil lawsuits for drunk driving may involve punitive damages, multiple responsible parties, and a parallel criminal case that could impact the timeline and strategy.
These claims also carry a deeper sense of moral urgency. Most of our clients in these cases are not only seeking financial recovery — they’re looking for accountability, closure, and a way to feel safe again.
That’s why our approach in these cases goes beyond traditional auto accidents. We work closely with medical professionals, trauma counselors, and accident reconstructionists to deliver results that reflect the true extent of your harm.
Drunk Driving Injuries Can Leave a Lifelong Impact
The physical toll of a drunk driving accident often reaches far beyond the initial hospital stay. Many victims live with chronic pain, mobility limitations, and emotional trauma for years, sometimes for the rest of their lives.
Injuries we frequently see in these cases include:
- Traumatic brain injuries, which can impair memory, concentration, speech, balance, and emotional stability, often requiring long-term cognitive therapy
- Spinal cord injuries, which may result in partial or full paralysis and typically involve lifelong use of mobility aids, in-home care, and significant lifestyle adjustments
- Soft tissue injuries, including torn ligaments and nerve damage, which can cause lasting pain, weakness, and loss of function in affected limbs
- Concussions, which may seem mild at first but can lead to lingering symptoms like headaches, dizziness, and mood changes that disrupt daily life
- Orthopedic injuries, such as complex fractures, joint dislocations, or crushed bones, may require multiple surgeries and ongoing physical therapy
- Chronic pain conditions, which can stem from a variety of physical injuries and may severely limit mobility, sleep, and overall quality of life
- Emotional trauma, including depression, anxiety, and post-traumatic stress disorder (PTSD), which often interfere with personal relationships and day-to-day activities
These are not minor setbacks. They affect your ability to work, raise your family, enjoy relationships, and live independently. Our role is to help you recover resources so you can move forward with dignity and financial support.
Can You File a Wrongful Death Claim After a Fatal DUI Crash?
If you lost someone you love because of the reckless actions of a drunk driver, no amount of money can ease that pain and fill that void. However, filing a wrongful death claim under West Virginia law can provide a measure of justice, financial relief, and long-term security for your family.
Damages may include:
- Funeral and burial expenses
- Medical bills incurred before death
- Loss of income and benefits the deceased would have earned
- Loss of companionship, care, and guidance
- Mental anguish and grief experienced by survivors
Losing someone to a drunk driving crash is not only traumatic. It’s unjust. These cases deserve more than paperwork and legal process; they deserve to be treated with care, dignity, and deep respect for what your family is going through. We don’t take that responsibility lightly. Our team will walk with you through each step, honoring your loss while working to bring answers, accountability, and a sense of resolution.
FAQ for West Virginia Drunk Driver Accident Lawyer
What is the legal blood alcohol content (BAC) limit in West Virginia?
In West Virginia, drivers are considered legally impaired at a BAC of 0.08%. For commercial drivers, the limit drops to 0.04%, and for drivers under 21, it’s 0.02%. Driving above these limits is grounds for a DUI charge and may strengthen your civil claim for damages.
Can I sue even if the driver wasn’t convicted of DUI?
Yes. A criminal conviction is not required to file a civil lawsuit. Your claim focuses on the driver’s negligence and the damages they caused, not their criminal record. Civil cases have a lower burden of proof than criminal trials.
How do punitive damages work in DUI crash cases?
Punitive damages may be awarded when a defendant’s behavior shows reckless disregard for others’ safety, which often applies in drunk driving cases. These damages go beyond compensation and are meant to punish and deter future misconduct.
What if the drunk driver was uninsured or underinsured?
If the at-fault driver lacks sufficient insurance, you may still recover through your own uninsured/underinsured motorist coverage. Our attorneys evaluate all available policies to pursue the compensation you’re entitled to.
How much does it cost to hire your law firm?
The car accident lawyers with Robinette Legal Group, PLLC, work on a contingency fee basis. That means you pay no legal fees unless we recover compensation for you. We also offer a free initial consultation to review your case and explain your options.
What is the difference between a DUI criminal case and a personal injury claim?
The state brings a DUI criminal case to punish the driver for breaking the law. Penalties may include fines, license suspension, or jail time.
A personal injury claim is a separate civil action you file to recover financial compensation for your losses, such as medical bills, lost income, and pain.
The outcome of the criminal case does not prevent you from filing a civil claim.
What kind of evidence helps prove a drunk driving accident claim?
Strong evidence can hold a drunk driver accountable.
Important evidence includes the official police crash report, which may note suspicions of alcohol use; results from the driver’s breath, blood, or urine tests; witness statements from anyone who saw the crash or the driver’s behavior; and photos or videos from the accident scene.
Our legal team works quickly to preserve this evidence for your claim.
Can I still file a claim if I was a passenger in the drunk driver’s car?
Yes, as a passenger injured in a drunk driving crash, you have the right to file a claim against the driver’s insurance policy. The driver had a duty to keep you safe, and their decision to drive while impaired violated that duty. You should not have to bear the financial burden of their reckless choice.
Your Next Step Toward Justice Starts Here
There’s a lot at stake after a drunk driving accident. Your health. Your finances. Your peace of mind. At Robinette Legal Group, PLLC, we offer more than legal representation. We offer partnership, protection, and the pursuit of justice.
We handle every drunk driving car crash case with urgency and respect, limiting our caseload so every client gets the time and focus they deserve.
With offices in Morgantown, near West Virginia University and the downtown courthouse, we’re deeply rooted in this community and proud to serve families across the state.
If you’re ready to move forward with a team that knows how to fight and gets results, reach out today. Call (304) 594-1800 or contact us online for your free case evaluation with a dedicated West Virginia personal injury lawyer. You won’t pay a cent unless we recover money for you.
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Call us today to find out how we can help you.
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