Drunk Driving Car Accidents in Charleston

Drunk driving is illegal, but what does that mean for the people who were hit by drunk drivers? Criminal punishments include jail time and fines, but those fines go to the state, not to the victims. While the criminal code is not the way to get compensation for injured parties, there is a legal solution—a personal injury lawsuit. These actions allow you to get compensation for injuries from drunk driving car accidents in Charleston.

Drunk driving wrecks differ from some other types of accidents. While negligence is at the root of most car accidents, drunk driving involves more than negligence. A person who gets behind the wheel while intoxicated engages in willful behavior that puts others at risk. The damages available in these cases are often much greater than the damages available when negligence alone is the only cause of the wreck.

Demonstrating Fault in a Drunk Driving Accident

Proving that someone was intoxicated during a crash can be challenging for plaintiffs in Charleston. The arresting officers need to order some blood alcohol testing, and if the driver ends up getting medical care, the bloodwork will often reveal their blood alcohol concentration (BAC). If the driver refuses a breathalyzer, they are usually arrested, which can result in involuntary blood testing. If an injured person is unsure whether the police got a BAC at the scene, he or she should investigate if there are available results.

For most drivers, a blood alcohol limit of .08 percent or higher means that they are violating the law or driving drunk. However, this .08 percent is not the only limit that applies. Commercial drivers have a lower BAC threshold—.04 percent. Minors who are not legally allowed to consume any alcohol have an even lower threshold—.02 percent.

While the legal limit for driving drunk establishes criminal behavior, it may not be the lowest available limit for helping establish negligence. Someone with a BAC below the legal limit but above zero may have impaired judgment and reflexes. In fact, research suggests that they will. The fact they had been drinking may help establish fault, even if the amount is not enough for criminal liability.

Third-Party Liability for Drunk Driving Accidents

West Virginia Code § 60-3-22 prohibits alcohol vendors from serving people who are under 21, who are visibly intoxicated, or who are mentally incompetent. In addition, they cannot serve people who are habitual drunks or addicted to controlled substances.

Though these laws are often called Dram Shop laws, they apply to more than bars. An alcohol vendor can include restaurants and liquor stores as well. If they sell or serve alcohol, then they are an alcohol vendor, and they might be liable for a crash.

It can be difficult for servers to know if they are overserving someone, especially in a busy establishment. If the driver’s BAC is close to the legal limit, then it could be hard to show that they had notice. On the other hand, if they are way above the legal limit, then presumably, a server should have known they were intoxicated.

The really challenging part is when a server is accused of serving someone who has an addiction or is a habitual drunk. The law does not spell out how an alcohol vendor is supposed to know someone’s addiction history. Without that knowledge, it can be an impossible burden to prove the vendor had notice. A Charleston attorney can use evidence, including witness testimony, to show that the driver had a history of drug or alcohol intoxication and that the vendor had notice of the issue.

Learn More About Drunk Driving Car Accidents in Charleston – Call an Attorney

Getting hit by a drunk driver can lead to substantial injuries or even death. Even minor car accidents can lead to bruises, cuts, soft tissue damage, and other painful injuries, which can lead to time away from work and other expenses. More severe car accidents can result in broken bones, crush injuries, burns, traumatic brain injuries, and more. The recovery period from those injuries may be longer, costlier, and come with substantial pain and suffering, and trauma. Trying to handle insurance claims or bring a lawsuit can add extra challenges.

You do not have to handle the process alone. At Jan Dils, we offer free consultations where we can help you assess your case. Armed with that information, you can make better decisions about the settlement process or deciding to go to trial. Schedule your consultation to learn more about drunk driving car accidents in Charleston.