The dictionary defines negligence as “the failure to exercise the care that a reasonably prudent person would exercise in like circumstances.” Most car accidents are caused by negligence, such as speeding or recklessly switching lanes. One of the most egregious acts of negligence is intentionally driving under the influence of drugs or alcohol. That behavior puts the driver and everyone they encounter on the road at risk.
If you’ve been the victim of a collision with an impaired motorist, you need to get the legal team at DiPiero Simmons McGinley & Bastress, PLLC, on your side. During a free case evaluation, a Charleston, WV drunk driving accident lawyer will listen to your story and provide guidance for the best way forward.
How serious are drunk driving accidents? According to data collected by the National Highway Traffic Safety Administration, 13,524 people died in alcohol-impaired driving deaths in 2022. That breaks down to 37 drunk driving crashes each day or one fatal crash every 39 minutes. Here in West Virginia, the West Virginia Department of Motor Vehicles finds that 23% of the state’s total vehicle fatalities were alcohol-related.
If you or your family have been the victim of one of these accidents, you owe it to yourself to reach out to our offices today to discuss what happened.
Protect Your Drunk Driving Accident Claim
In the aftermath of any accident, you will be in shock. That shock can give way to anger if you suspect the other driver was under the influence of drugs or alcohol. There are steps you need to take to protect your future claim. Here are a few helpful tips:
Step 1: Call the Police
You need to call 911 after the accident. Whether the local or state police show up at the scene, they’ll generate a traffic crash report. If the responding officer suspects the motorist who caused the accident is under the influence of drugs or alcohol, they will conduct a field sobriety and breathalyzer test. If those tests confirm the suspicions, the driver will be cited and placed under arrest for a DUI. That information will be used by your Charleston, WV drunk driving accident lawyer to help prove your claim.
Step 2: Get Medical Attention
No matter what level of injury you’ve suffered as a result of a drunk driving accident, you need to get medical attention as soon as possible. That could mean calling an ambulance to the scene of the accident. At a minimum, you should see a doctor within 24 hours of that accident. That contact with a doctor will create another critical piece of documentation for your future claim.
Step 3: Exchange Contact Information
You need to exchange contact information with everyone involved in the accident. In addition to that, you should also get their insurance information. You can take cell photos of that information. Additionally, there might be witnesses at the scene that you should also get contact information for. If your injuries prevent you from gathering that information, you should be able to get it from the police report.
Step 4: Don’t Talk with the Other Driver’s Insurance Company
You might be obligated to report your accident to your insurance company. However, you want to avoid speaking with the other driver’s insurer. If their client has been arrested for a DUI, they might be inclined to offer a fast settlement much lower than what you are entitled to. That is why you want to turn over all your communications to an experienced Charleston, WV drunk driving crash lawyer. They will be in the best position to advocate on your behalf.
Step 5: Don’t Post on Social Media
After going through a traumatic experience with a drunk driving accident, you might want to share that information with your friends on Facebook or other social media networks. You should hold off posting anything about your accident or injury recovery until your matter is resolved. The insurance company you’re dealing with will scrutinize your post, looking for evidence they can use against you. For instance, if you post about a great time on vacation, it will be a challenge to claim your accident is preventing you from enjoying life.
Compensation Your Charleston, WV Drunk Driving Accident Lawyer Can Seek
One of the most important items is that your Charleston, WV drunk driving lawyer will help you retrieve your medical bills. Those would be all the out-of-pocket expenses your insurance company didn’t cover. Your bills will include emergency room visits, follow-up exams, tests, surgeries, prescriptions, and medical supplies.
Additionally, you could be entitled to recoup other compensation, including the following:
- Pain & suffering
- Mental anguish
- Permanent disability or scars
- Diminished ability to enjoy recreational activities
- Loss of Income
- Loss of Household Services
- Future earning potential
These types of noneconomic damages are challenging to calculate. The lawyers at DiPiero Simmons McGinley & Bastress, PLLC have experience in assessing noneconomic damages and ensuring that your compensation reflects the losses you’ve suffered. You’ll have the financial security you deserve to work on your recovery with confidence and plan for your family’s financial security.
Potential Punitive Damages
Under West Virginia law, you might be able to pursue damages. As described by the law, “an award of punitive damages may only occur in a civil action against a defendant if a plaintiff establishes by clear and convincing evidence that the damages suffered were the result of the conduct that was carried out by the defendant with actual malice toward the plaintiff or a conscious, reckless and outrageous indifference to the health, safety, and welfare of others.” That would certainly apply to an accident involving a drunk driver.
Punitive damages are typically awarded in a trial by jury after your Charleston, WV, drunk driving accident lawyer has presented evidence to support your claim and the at-fault driver’s negligence. However, West Virginia has a cap of $500,000 for punitive damages. That is still a significant number and worth pursuing.
Common Alcohol-Related Accident Injuries
Drunk driving accidents tend to be serious in nature and can cause a large variety of injuries. These crashes are often caused by drivers who are recklessly traveling at unsafe speeds, which can result in an especially devastating wreck.
Our sympathetic and experienced Charleston, WV drunk driving accident attorneys can assist you in receiving compensation for any injuries suffered in the crash. The injuries you can recover include but are not limited to:
- Head and brain injuries
- Neck and back injuries
- Burn injuries
- Serious bodily injuries
- Post-traumatic stress
- Wrongful death
In the case of a wrongful death claim where a loved one dies in an unfortunate crash caused by an inebriated driver, the deceased’s family members will file the lawsuit on behalf of the victim and receive compensation that can go towards funeral costs, loss of income costs, and loss of protection, comfort, and care costs. We understand that this is a difficult time for you and your family. When we’re fighting for you, we’ll do everything we can to get you full and fair compensation so you can mourn your loved one without significant financial stress.
How DiPiero Simmons McGinley & Bastress, PLLC Supports Your Claim
When you retain the services of DiPiero Simmons McGinley & Bastress, PLLC, to help with your drunk driving accident claim, we will devote all the resources of our offices to finding a fast and fair resolution. Our Charleston, WV drunk driving accident lawyer is ready for the task.
Additionally, we will take the lead on all negotiations with any insurance company involved in the accident. If those negotiations do not yield a result that you’re satisfied with, we can take the matter before a jury. That involves trial preparation and the presentation of all the evidence and testimony to support your claim. We will always fight for the compensation you deserve. That process begins with the first free case evaluation discussion. Call to schedule your consultation today.
