Despite the fact that the state imposes harsh criminal penalties for driving under the influence (DUI), drunk driving accidents continue to be a major issue across the state. If you have been seriously injured in a DUI accident, you may have grounds for a legal claim.
With our no-win, no-fee guarantee, you can hire a top-rated Charleston car accident lawyer from Salango Law to help you fight for the compensation that is rightfully yours.
Learn more about how the insurance and civil claims processes unfold when you contact our legal team at (304) 342-0512 to request a 100% free consultation.
The Salango Law Difference
When you suffer catastrophic injuries after being hit by a drunk driver, you may be ready to demand they be held accountable to the fullest extent of the law. Fortunately, drunk driving accidents often result in criminal charges. However, you may also have an opportunity to take legal action against the drunk driver who hit you or other at-fault parties.
Salango Law has successfully recovered over $300 million and counting for accident and injury victims across West Virginia. Our aggressive legal representation has helped hundreds of clients over the last 25+ years. Our commitment to securing exceptional results is unparalleled. Our lawyers have even been selected for inclusion in Best Lawyers in America and Super Lawyers for ten consecutive years. You can rely on us to help you overcome the odds and get the justice you deserve.
How Drunk Driving Accident Claims Work
Drunk driving accident claims work similar to traditional car accident or personal injury lawsuits. Your truck accident lawyer in Charleston will need to carefully investigate compelling evidence so we can prove liability in court. The burden of proof is based on a preponderance of the evidence per West Virginia Code § 23-4-1g, so the evidence we obtain must be powerful and convincing.
Once we know who is at fault, we can initiate the claims process. Generally, drunk drivers will be found culpable in drunk driving accident lawsuits. However, they are not the only parties who could share liability.
Depending on the circumstances of your case, we will proceed with an insurance claim, obtain a settlement out of court, or move forward with a civil lawsuit. We typically start with an insurance claim if the at-fault has insurance coverage, then any remaining damages can be demanded through your lawsuit. You might be able to avoid a drawn-out trial if the liable party is willing to offer a settlement or you obtain a settlement from the insurance company that covers the full value of your losses.
West Virginia Dram Shop Liability Laws
We previously noted that drunk drivers are not the only parties who can be sued in DUI car accidents. Under West Virginia Code § 60-3A-25, dram shops can also be found culpable for victim’s damages. If a restaurant, bar, stadium venue, or other establishment that serves or sells alcohol provides alcohol to someone who is already intoxicated, they can share liability for the damages you suffered. The language of the legal statute reads as follows:
Ҥ60-3A-25. Certain acts of retail licensees prohibited; criminal penalties.
(a) It is unlawful for any retail licensee, or agent or employee thereof, on the retail licensee’s premises to:
- (1) Sell or offer for sale any liquor other than from the original package or container;
- (2) Sell, give away, or permit the sale of, gift of, or the procurement of, any liquor, for or to any person under 21 years of age;
- (3) Sell, give away, or permit the sale of, gift of, or the procurement of, any liquor, for or to any person visibly intoxicated;”
Get Help From a Trial-Proven Drunk Driving Accident Attorney Today
The injuries you sustained in the drunk driving accident may continue to impact your life for years to come. While you are struggling to cope, the at-fault party should be brought to justice and compelled to provide you with the compensation you need to get through some of the most challenging times in your life.
Take back control of your future and make the liable party pay when you contact a leading Charleston personal injury lawyer from Salango Law for a free, no-obligation consultation.
Fill out our quick contact form or call us at (304) 342-0512 to get started as soon as today.