Attorneys Protecting Clients Injured By Drunk Drivers
Drunk drivers are a danger to everyone on the road or highway, including themselves. It is particularly tragic that DUI-related injuries and fatalities are among the most common of all motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) has two sobering facts on its homepage:
- Alcohol-impaired motor vehicle crashes cost more than an estimated $37 billion annually.
- In 2010, more than 10,000 people died in alcohol-impaired driving crashes – one every 51 minutes.
In West Virginia, it is important to realize that when people are injured or killed in motor vehicle accidents caused by drunk driving, not only the driver but also the bar or convenience store where alcohol was consumed may be held accountable. If it is possible to prove that an establishment overserved a patron, they are responsible for dram shop liability.
At Johnstone & Gabhart, we represent people who have been hurt in all types of motor vehicle accidents – including drunk driving crashes. We offer free initial consultations and never charge a fee unless we recover money for you. To talk to a Charleston WV car accident attorney, reach out to our law offices to schedule an appointment.
Liability in a West Virginia Drunk Driving Accident Case
In West Virginia, impaired driving is against the law. Despite strict rules on driving under the influence of alcohol and/or drugs, far too many West Virginians are injured or killed in drunk driving accidents each year. According to the West Virginia Department of Motor Vehicles, over the past 5 years, 23% of all vehicle fatalities in the state were related to alcohol.
If you were hurt in a drunk driving accident in or around Charleston, WV, you may be able to file a claim against the at-fault driver or even the bar or restaurant that served them alcohol. In a typical car accident case, you would be required to prove that the at-fault driver was at fault. However, because drunk driving cases involve a violation of the law, you may not have to meet this standard.
When filing a claim against a drunk driver, you may be able to use the legal theory of negligence per se. Under this doctrine, if a person violates the law and causes the type of injury that the law was designed to avoid, then the injury victim (plaintiff) does not have to prove that the at-fault party (defendant) was negligent.
Negligence per se makes it easier to pursue a claim against a drunk driver. A Charleston, WV drunk driving accident lawyer can use proof of drunk driving – such as a criminal charge or results from a breath or blood test – to prove that the defendant violated the law. Importantly, a personal injury lawsuit is separate from any criminal charges – and is the best way to get the money that you deserve for your injuries.
West Virginia law also permits lawsuits based on dram shop or social host liability. If a business that serves alcohol or a person hosting a party serves alcohol to a person who is visibly intoxicated, then they can be held liable if that person causes injury to someone else. For example, if a bar patron is so drunk that they can barely stand, but the bartender serves them even more alcohol, the bar could be held responsible if that patron drives home and causes an accident.
If you or a loved one has been injured or killed in a DUI-caused motor vehicle accident, the case may be immensely complex — particularly if there are multiple defendants involved. Because of the complexity and stakes of these cases, it is extremely important to partner with a team of lawyers that fuse experience, comprehensive knowledge, and dedication to client success. These three aspects form the foundation of our legal approach.
We at Johnstone & Gabhart, LLP, are prepared to bring more than 50 years of combined experience to do everything to obtain the compensatory and punitive damages you deserve. We know there is nothing we can do to take back the injuries that our clients have suffered due to DUI-related injuries. That said, we believe that we can bolster accountability on roads and highways while obtaining all the resources our clients deserve to heal and recover as best as possible.
Compensation in a West Virginia Drunk Driving Accident Case
Most personal injury cases involve two types of damages: economic and non-economic. These damages compensate injury victims for their losses. They may include money for things like property damage, lost wages, reduced earning capacity, medical bills, future medical treatment, pain and suffering, emotional distress, and loss of enjoyment of life.
In some cases, a plaintiff may also seek a third type of damages: punitive damages. These damages are only available in cases where the defendant acted intentionally or recklessly. Because most personal injury lawsuits are based on negligence (carelessness), punitive damages are not typically awarded.
However, drunk driving claims are an exception. If a defendant acted with “outrageous indifference” to the health, safety, and welfare of others, then punitive damages can be awarded. Drunk driving shows outrageous indifference towards others’ well-being – and so your Charleston, WV drunk driving accident lawyer will seek punitive damages to compensate you for your losses.
How Our Law Firm Can Help
Drunk driving is incredibly dangerous. When a person causes a drunk driving accident, they can be held financially responsible for the harm that they caused. Our law firm can help you get justice – along with maximum compensation for your injuries.
Johnstone & Gabhart fights for the rights of accident victims throughout West Virginia. We have a long track record of success, and won’t stop until we get our clients the money that they deserve for their injuries. To get in touch and schedule a free initial consultation with our Charleston, WV accident attorneys, call 877-416-5457 or email the firm.
The Insurance Adjuster Offered Me a Settlement for a Drunk Driving Accident. Should I Take It?
No – not without consulting with a Charleston, WV drunk driving accident lawyer. It is likely to be a lowball settlement offer that will not take your full range of injuries into account. It also will almost certainly not include money for the punitive damages that a jury would likely award for a drunk driving accident.
Insurance companies want to protect their bottom line – not your best interests. If you have been hurt in a drunk driving crash, don’t make a statement, sign paperwork, or agree to anything until you have had a chance to talk to a lawyer. Call Johnstone & Gabhart today to talk to a Charleston, WV drunk driving accident attorney.
What Is the Value of My Drunk Accident Case?
The value of any personal injury case depends on a few things, such as whether liability is clear, the severity of your injuries, and the size of the at-fault party’s insurance policy. For example, if you just had scrapes and bruises in a crash, your case will probably be worth less than one where the accident victim was diagnosed with a traumatic brain injury.
The best way to get an understanding of the value of your case is to schedule a free consultation with our Charleston, WV drunk driving accident attorneys. They will give you a ballpark estimate of the value, and help you understand your legal rights and options. Contact Johnstone & Gabhart today to set up an appointment with a member of our legal team.
