“Live your best life,” they said.
“You’re only young once,” they said.
“We have a designated driver, so don’t worry,” they said.
Your friends successfully convince you to leave your house one night to join them for a night out. Because you have been cooped up in the house thanks to the pandemic, you overdo it just a bit at the club. You stumble out of a bar (you really can’t remember which one) at about 4 a.m. with a group of friends, all of whom unanimously agree that this was a night well spent. You’ll have memories and inside jokes to last a lifetime. Your designated driver is a little salty that he isn’t also inebriated, but next time it won’t be him, so he begrudgingly allows you all to pile into his car. You make it to the interstate. A bright light suddenly blinds you. The next thing you see is a hospital room.
All it took was one night of fun and frolic for your life to change forever.
Let’s face it—you barely remember much of what happened, but you firmly believe someone should pay for it. If this matter goes to court, you will need a West Virginia Drunk Driving Accident Lawyer to advocate on your behalf.
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
250 Scott Avenue,
Suite 100, Morgantown,
WV 26501
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.
