Driving under the influence (DUI) of an intoxicating substance is a reckless decision that can result in serious and fatal car accidents. 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.