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Parkersburg, WV tends to have a higher rate of users of motorists on the road who are drunk or have consumed other illicit substances. The rate of motorists driving impaired at any time of the day is becoming more common. If you find yourself injured in a Parkersburg drunk driver accident, please call our local car accident attorneys about the best way to recover compensation. You should not have to endure the financial burden when someone else broke the law and caused your accident.
These cases are different because there is a criminal aspect in addition to the civil aspect. The plaintiff will be seeking the compensation for the injuries he or she sustained, and the criminal part of the case will be handled by the prosecuting attorney’s office in the district where the accident occurred. They may pursue criminal charges against the driver for a DUI or reckless driving.
When there is a criminal aspect of the case, the Crime Victims’ Compensation Act may be accessed to help pay for medical bills and expenses of the injured person, which does not apply in most other injury claims.
When it comes time to negotiate a drunk driving accident claim in Parkersburg, the value tends to be a little higher because of the circumstances surrounding them. For instance, when a driver was impaired or texting while driving, it tends to inflame the jury, possibly leading to a higher damages award.
The injured party will not be involved in communicating directly with the insurance company after a drunk driver injury crash if a Parkersburg attorney is retained to represent them. He or she will still need to follow their doctor’s orders, seek proper treatment, and communicate with the lawyer on their treatment status and medical condition.
In general, it is the state of West Virginia that decides whether charges are pursued against the drunk driver or not. The plaintiff is not involved in that decision. When it comes time for the sentencing, the injured party will have the option to speak before the court regarding how they feel the defendant should be sentenced. The criminal trial has no bearing on the outcome of the civil claim but a conviction could be used as evidence to secure damages.
If the injured party was intoxicated at the time of the accident, their case would be on shaky ground and they may find there is no path to damages. However, in rare circumstances where the injuries are significant and it can be proven another party was liable, then financial recovery may be possible. As long as the injured driver is less than 50% at-fault, they could still pursue a claim for compensation.
While the State may charge an intoxicated driver with a crime, you also have the right to sue them for compensation when you have sustained verifiable losses. Jan Dils can provide a Personal Injury lawyer to help you after a drunk driving accident in Parkersburg. Please schedule a free consultation and learn if you have a case. You pay us nothing unless we secure you a victory.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law