The Short Answer…
If you’ve been hit by a drunk driver, call 911 immediately, seek medical attention, and document the accident while waiting for help. Once the immediate emergency is under control, you’ll need to notify your insurance company and contact a West Virginia car accident lawyer to protect your rights and pursue full compensation for your injuries and losses.
At Stewart Bell, PLLC, we help victims of drunk driving accidents recover from the physical, emotional, and financial toll caused by someone else’s reckless decision. Read on to learn about your next steps and how to protect your claim.
Key Takeaways
- Call 911 right away. Always report the accident and request police and medical help, even if injuries seem minor.
- Get medical attention immediately. Some injuries don’t show symptoms right away, and medical records are crucial evidence.
- Document and collect evidence. Take photos, gather witness statements, and exchange information with the other driver if it’s safe.
- Avoid discussing fault. Let your attorney handle communication with insurers and investigators.
- Contact an experienced lawyer. A car accident attorney can build your case, handle insurance negotiations, and pursue maximum compensation.
Table of Contents
- 1. Call 911 and Stay at the Scene
- 2. Seek Medical Care
- 3. Document the Accident Scene
- 4. Gather Information
- 5. Notify Your Insurance Company
- 6. Contact a Car Accident Lawyer
- How Stewart Bell, PLLC Can Help Your Drunk Driving Injury Case
- Consequences of Drinking and Driving
- Can You Sue a Drunk Driver for Hitting You?
- How Much Can You Recover in a Drunk Driving Accident Settlement?
- Does Car Insurance Cover Drunk Driving Accidents?
- Liability & Proving Fault in a Drunk Driving Accident
- Are Bars Responsible for Drunk Drivers?
- FAQs About Drunk Driving Accidents
- Get the Justice You Deserve After Being Hit by a Drunk Driver
1. Call 911 and Stay at the Scene
After any drunk driving accident, never leave the scene. Call 911 immediately to report the crash and request emergency services. The police will create an official report, which is vital evidence for your insurance and potential lawsuit.
2. Seek Medical Care
Even if you don’t feel injured, get checked by a medical professional. Internal injuries, concussions, and whiplash often appear hours or days later. Medical records link your injuries directly to the crash, strengthening your claim.
3. Document the Accident Scene
Take photos or videos of the vehicles, road conditions, and visible injuries. Take detailed notes about the date, time, location, weather, and any signs of the driver’s intoxication (slurred speech, smell of alcohol, etc.). This evidence can help prove negligence later.
4. Gather Information
If it’s safe, exchange names, phone numbers, driver’s license numbers, and insurance details with the other driver. Also, collect the contact information of any witnesses.
5. Notify Your Insurance Company
Report the crash to your insurer as soon as possible. Provide only the basic facts and avoid speculating or admitting fault.
6. Contact a Car Accident Lawyer
Before accepting any settlement offer, talk to a West Virginia drunk driving accident lawyer. Insurance companies often try to settle for less than your case may be worth. An attorney can evaluate your damages, handle negotiations, and, if needed, file an injury lawsuit to secure fair compensation.
How Stewart Bell, PLLC Can Help Your Drunk Driving Injury Case
At Stewart Bell, PLLC, we’ve spent decades helping injury victims in Charleston, Huntington, Dunbar, and across West Virginia hold intoxicated drivers accountable. Our team:
- Investigates your accident and gathers valuable evidence
- Handles all insurance communications
- Pursues full and fair compensation through settlement or trial
- Offers personalized, compassionate representation and keeps you informed every step of the way.
- Charges no upfront fees and you pay nothing unless we win your case
We fight to make sure you’re treated fairly and receive the maximum compensation available to support your recovery and future. Take the first step towards justice and schedule a free case review.
Consequences of Drinking and Driving
Drunk driving leads to devastating injuries and legal penalties. Victims often suffer:
- Traumatic brain injuries
- Broken bones
- Spinal cord damage
- Emotional trauma
- Lost wages and long-term medical costs
Drivers convicted of DUI in West Virginia face license suspension, jail time, and heavy fines, but victims still need to take legal action to recover their own losses.
Can You Sue a Drunk Driver for Hitting You?
Yes. If you were injured by a drunk driver, you can sue them for damages such as medical expenses, property damage, lost wages, and pain and suffering. These cases often involve both criminal charges (for DUI) and civil claims (for compensation). While criminal cases punish the driver, civil claims help victims recover financially.
In severe cases, the court may also award punitive damages — additional compensation meant to punish the driver for extreme recklessness.
How Much Can You Recover in a Drunk Driving Accident Settlement?
The value of your drunk driving accident settlement depends on several factors, including:
- Severity of your injuries
- Medical costs and future care needs
- Lost income and reduced earning ability
- Pain, suffering, and emotional distress
- Punitive damages (in cases of extreme negligence)
An experienced attorney can assess your case and negotiate for the maximum compensation available under West Virginia law.
Does Car Insurance Cover Drunk Driving Accidents?
In most cases, the drunk driver’s liability insurance pays for your damages. However, if they don’t have enough coverage, you may file a claim through your own uninsured/underinsured motorist (UM/UIM) policy. This helps ensure you’re not left paying for injuries caused by someone else’s illegal actions.
Your lawyer can help determine all available insurance sources and guide you through the claims process.
Liability & Proving Fault in a Drunk Driving Accident
Establishing liability after being hit by a drunk driver is often straightforward, but proving fault still requires strong and detailed evidence. Under West Virginia law, driving under the influence is a criminal offense and when intoxication contributes to a crash, it serves as powerful proof of negligence in a civil injury claim.
Establishing Negligence
To recover compensation, your attorney must prove that the drunk driver was negligent. This typically involves 4 elements:
- Duty of care: All drivers must operate their vehicles responsibly and obey traffic laws.
- Breach of duty: Driving while intoxicated violates this duty.
- Causation: The driver’s intoxication directly caused the crash and your injuries.
- Damages: You suffered losses such as medical expenses, lost income, or pain and suffering as a result.
Because intoxication is an obvious breach of duty, drunk driving cases often rely on evidence that demonstrates the extent of impairment and its role in causing the crash.
Evidence That Helps Prove Fault
Strong evidence is key to winning a drunk driving accident claim. Your attorney will collect:
- Police and accident reports that document the driver’s BAC, field sobriety test results, or DUI arrest.
- Witness statements confirming reckless driving, speeding, or erratic behavior.
- Surveillance or dashcam footage showing the collision or the driver’s condition.
- Medical records linking your injuries to the crash.
- Toxicology reports confirming intoxication.
Working with a car accident attorney throughout this process helps ensure that every piece of evidence is properly gathered, preserved, and presented to prove fault and secure the maximum compensation available.
Are Bars Responsible for Drunk Drivers?
Sometimes, yes. A bar, restaurant, or social host could be held liable if they served alcohol to someone who was visibly intoxicated or underage who then caused an accident. These claims require strong evidence showing the establishment’s negligence.
If a drunk driver killed your loved one, you may also have grounds for a wrongful death lawsuit against both the driver and the establishment that served them.
FAQs About Drunk Driving Accidents
How long do I have to file a drunk driving accident claim in West Virginia?
You generally have 2 years from the date of the accident to file an injury lawsuit in West Virginia. Missing this deadline could prevent you from recovering compensation, so it’s best to contact an attorney as soon as possible to protect your rights and preserve evidence.
Is it worth suing a drunk driver?
Yes. Suing a drunk driver allows you to recover damages for medical bills, lost wages, pain and suffering, and other losses the at-fault driver caused. In some cases, you may also be awarded punitive damages to punish the driver for their reckless behavior and discourage future drunk driving.
Will my drunk driving accident case go to court?
Many drunk driving accident claims are resolved through insurance settlements before reaching trial. However, if the insurance company refuses to offer a fair amount, your lawyer can take your case to court to pursue full and fair compensation.
What if you were partially at fault?
West Virginia follows a modified comparative negligence rule, meaning you can still recover damages if you were less than 50% at fault for the crash. However, your compensation will be reduced by your percentage of fault. For example, if you’re found 20% responsible, you would still recover 80% of your total damages.
Do I need a lawyer for my drunk driving accident claim?
While you’re not legally required to hire an attorney, having a West Virginia car accident lawyer greatly increases your chances of a successful outcome. An experienced lawyer can gather evidence, handle insurance negotiations, calculate your damages, and fight for full compensation.
Get the Justice You Deserve After Being Hit by a Drunk Driver
If you were hit by a drunk driver in West Virginia, you shouldn’t have to shoulder the burden of medical bills, lost income, or emotional distress alone. At Stewart Bell, PLLC, our trusted West Virginia car accident lawyers know how to hold reckless drivers accountable and fight for every dollar you may be owed.
Contact us today for a free consultation. You focus on healing and we’ll handle the rest.
