West Virginia Drunk Driving Accident Lawyer

Don’t settle for what the insurance companies offer you.

Your West Virginia Drunk Driving Accident Lawyer

You did nothing wrong — but you’re the one in pain, facing medical bills and a wrecked car because someone else chose to drive drunk.

If you or someone you love was hit by an impaired driver in West Virginia, you may be entitled to far more than the insurance company first offers — including, in many drunk-driving cases, punitive damages meant to punish the driver on top of your regular compensation. At Miley Legal, we hold drunk drivers fully accountable so you aren’t left paying for their mistake.

In the video above, Miley Legal founder Tim Miley walks through exactly what to do after a drunk-driving crash and the legal options most people don’t realize they have. The guide below puts those steps in writing.

The numbers don’t lie.

In West Virginia, drunk or drugged driving is an issue. In the Mountain State, police arrest 8,500 to 10,000 people for DUI every year. About 1,897 fatal accidents or accidents with serious injuries involving drivers under the influence of alcohol or drugs happened in a year. According to authorities, drivers under the influence of alcohol were responsible for 67 fatalities, and 81 deaths may have involved narcotics.

Alcohol-related driving fatalities made for 27.9% of all fatalities in West Virginia in 2010. The counties wherein the highest number of road fatalities are attributed to drunk driving are as follows:

Gilmer (56.3%)
Marshall (46.7%)
Clay (46.2%)
Mineral 45.5%)
Tucker (each 45.5%)
Wood (43.8%)
Upshur (43.5%)
Randolph (40.0%)
Mason (39.6%)
Monongalia (38.0%)

Are you from any of these counties? These are crash hot spots. You should know who to call if the unthinkable happens.

It would be best if you had a West Virginia Drunk Driving Accident Lawyer.

A lawyer you engage in handling your vehicle accident claim will attempt to settle out of court by first negotiating with the insurance provider. If settlement talks fail, your lawyer will get everything ready to file a lawsuit and get your case prepared for trial. Because of this, you must get an accomplished attorney to assist you with your case.

Comparative Negligence

The state of West Virginia adheres to a modified “comparative negligence” rule as per West Virginia Code § 55-7-13c. That rule means that if you are sued for damages resulting from a car accident, you may still be able to collect money. However, payment will be reduced in proportion to your level of negligence. It’s also essential to note that you cannot be more than 50% at fault to collect money from other at-fault parties. That stipulation can get very technical, as you can see. It’s best to engage an attorney who has previously dealt with matters like this. The Miley Legal Group can help.

Time is of The Essence

According to West Virginia Code section 55-2-12, you have two years to file a civil court lawsuit seeking compensation for any property damage or bodily harm caused by another party. The West Virginia Code section 55-7-6 also imposes a two-year limitations period for any potential wrongful death claims that the decedent’s family may pursue if they were to kill someone in a car accident. It’s crucial to remember that the two-year “clock” for these claims begins ticking on the day the accident victim passes away.

Resources:

Harrison County Circuit Court
301 W Main St,
Clarksburg,
WV 26301, United States

US District Court Clerk
500 West Pike Street, Room 301
Clarksburg, WV 26302

US District Court Probation
320 W Pike St, Clarksburg,
WV 26301, United States

Find Us at a Location Near You

CLARKSBURG, WV
229 West Main Street,
Suite 400, Clarksburg,
WV 26301

MORGANTOWN, WV
1150 University Ave.,
Suite 103, Morgantown,
WV 26505

To maximize your payment, we write strong and thorough claims. An attorney at the Miley Legal will handle your case with care. All you have to worry about is your recovery.

For a free case review, give us a call right away.

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Tim Miley

Founder, Lawyer, Author

Doug Miley

Lawyer

Keith Gould