Driving under the influence (DUI) of an intoxicating substance is a reckless decision that can result in serious and fatal car accidents including head-on collisions. Unfortunately, hundreds of drivers in West Virginia get behind the wheel drunk each year.

If you’ve been injured in a Morgantown drunk driver accident, you could be eligible for financial compensation. The DUI vehicle accident lawyers at Robinette Legal Group, PLLC are committed to helping injured accident victims like you. Contact us today to discuss how we can help you during a free consultation.

What Can a DUI Accident Lawyer in Morgantown Do for You?

Hiring a lawyer can make the claims process easier for you during a DUI accident lawsuit. Your lawyer will have your best interests in mind, unlike the auto insurance company of the intoxicated driver. The right West Virginia DUI accident attorney can improve your case with key services such as:

  • Answering your legal questions
  • Connecting you to top doctors in Morgantown
  • Investigating your DUI accident
  • Passing motions to preserve evidence
  • Gathering evidence of drunk driving
  • Filing your insurance claim
  • Hiring qualified experts
  • Going to trial, if necessary

A DUI accident attorney can make sure your family has everything it needs in the aftermath of a drunk driving collision. Your lawyer will work closely with you to identify your goals, then create a legal strategy to help you achieve them.

What Is the Legal BAC Limit in West Virginia?

Like most states, West Virginia’s legal blood alcohol content (BAC) limit is 0.08 percent. Driving with a BAC of 0.08 or above is grounds for a DUI charge. The legal limit is lower for commercial drivers (0.04 percent) and drivers under the legal drinking age of 21 (0.02 percent). A driver could also be charged with a DUI with less than the legal limit if he or she is intoxicated enough to impair the driving ability.

Criminal vs. Civil Drunk Driving Accident Cases

Driving under the influence of drugs and/or alcohol is illegal in West Virginia. State law separates this crime into two different charges: DUI with minor bodily injury and DUI with serious bodily injury. These crimes are punishable with a fine of $200 to $3,000, as well as time in jail or prison, probation, driver’s license suspension, and mandatory alcohol counseling.

It is not up to you to bring criminal charges against a drunk driver. This task is restricted to the county prosecutor. It is your responsibility to file a civil claim against a drunk driver, however, for compensation for your car accident and related injuries. While a criminal case penalizes a drunk driver with a sentence, a civil case makes him or her financially responsible for a related car accident.

How Can You Prove That a Driver Was Driving Drunk?

Before you can win your civil claim and obtain financial compensation for your medical bills and property repairs, you or your Morgantown car accident lawyer must prove fault. Proving fault is a requirement for insurance coverage under West Virginia’s tort-based insurance system. Establishing fault in a car accident case requires evidence that the driver was intoxicated and at least 50 percent responsible for causing your traffic accident.

Evidence that may be available to prove that a driver was operating under the influence includes:

  • A criminal conviction for a DUI
  • Chemical or Breathalyzer test results
  • Accounts from the police and eyewitness
  • An accident report
  • Photographs and surveillance footage
  • Accident reconstruction diagrams
  • Testimony from an expert

You do not have to collect or present evidence alone during your drunk driving accident case. A plaintiff’s injury law firm has the financial resources and personnel to help you gather evidence, as well as connections to investigators and experts to strengthen your case.

Call (304) 594-1800 Today for a Free Case Evaluation in Morgantown

If you or a loved one was recently injured in a collision involving a drunk driver in Morgantown, don’t hesitate to contact the skilled car accident attorneys at Robinette Legal Group, PLLC. We can stand up for you against large corporations to obtain the compensation you need to recover. We operate on a contingency fee basis, meaning you won’t pay us unless we win. Request your free case review online or by calling (304) 594-1800 today.

Call us today to find out how we can help you.

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Our Case Results

Drunk Driver

While driving his car, our client was hit by a drunk driver which injured his shoulder so severely that three surgeries were required. The insurance company haggled over the value of the claim, initially giving a low-ball offer. Jeff Robinette was able to force the insurance company to pay all insurance available for this claim.

Brain Injury

While timbering in WV, a heavy equipment operator sustained a permanent brain injury while performing the duties of his job. What price can you put on the loss of a fully functioning, fully reasoning brain? Jeff Robinette was able to negotiate a settlement that was annuitized to provide for this man for the rest of his life.

Carbon Monoxide Death

A newly-married couple moved into a rental property late one evening, switched on the thermostat in their new apartment, and was overcome within hours by carbon monoxide from a faulty furnace pipe. One of the parties died, and several others in the same building were taken to the hospital to be treated for extreme toxic exposure. Mr. Robinette was able to obtain for two of the families a substantial settlement that far exceeded their expectations.


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Jeffery Robinette
Jeffery Robinette
Jeffery Robinette is a West Virginia Personal Injury Lawyer based in Morgantown who represents individuals who have been seriously injured or killed due to motor vehicle collisions or catastrophic workplace accidents.
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