Drunk Driving Accident Injury Lawyers at a Glance
– Representing victims injured in West Virginia drunk driving accidents with focused personal injury legal advocacy
– Pursuing full compensation for medical expenses, lost income, pain, suffering, and long-term disability
– Investigating DUI crashes using police reports, toxicology results, and critical witness evidence
– Holding intoxicated drivers accountable through negotiation, settlement, or litigation in West Virginia courts

Drunk Driving Accident Injury Lawyer WV
Morgantown Personal Injury Lawyers | Slavey & Shumaker PLLC
When a drunk driver causes a crash, the consequences are often severe, life-changing, and entirely preventable. Victims in West Virginia frequently suffer serious injuries such as traumatic brain injuries, spinal cord damage, broken bones, internal injuries, and long-term emotional trauma.
At Slavey & Shumaker PLLC, we represent victims of drunk driving crashes throughout Morgantown and West Virginia. Our role is to help injured people understand their rights, pursue compensation under West Virginia law, and hold negligent drivers accountable through the civil justice system.
A drunk driving crash is not treated the same as a typical car accident case. In West Virginia, DUI-related crashes often involve enhanced liability, potential punitive damages, and multiple possible insurance coverage sources. These cases require careful legal investigation and a strong understanding of both traffic law and personal injury litigation.
Why Drunk Driving Cases Are Legally Different in West Virginia
Drunk driving cases are among the most serious types of motor vehicle injury claims because they involve a criminal law violation that directly supports civil liability.
Under West Virginia law, operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher is illegal, and impairment can be proven through police testing, field sobriety exams, and officer observations. DUI crashes frequently support a legal doctrine known as negligence per se, which means the violation of a safety law can be used as direct evidence of negligence.
This can significantly strengthen an injury claim compared to other car accident cases.
In many cases:
- The drunk driver is presumed negligent
- Liability is easier to establish
- Punitive damages may be available depending on conduct
- Insurance companies are often more willing to settle
West Virginia DUI Accident Injury Claims and Liability
A drunk driving crash may create multiple layers of legal responsibility, including:
1. The intoxicated driver
The primary at-fault party is usually the driver who was operating a vehicle under the influence of alcohol or drugs.
2. Employer liability (in some cases)
If the driver was working at the time of the crash, their employer may also be responsible under “vicarious liability” rules.
3. Alcohol provider liability (dram shop claims)
West Virginia law may allow claims against bars, restaurants, or other establishments that overserved alcohol to a visibly intoxicated person in certain circumstances.
Common Injuries in Drunk Driving Crashes
Victims of DUI accidents in West Virginia frequently suffer severe and long-term injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal organ damage
- Severe burns or lacerations
- Psychological trauma such as PTSD
These injuries often require:
- Emergency care and hospitalization
- Surgery and rehabilitation
- Long-term physical therapy
- Ongoing medical treatment and monitoring
Many victims are unable to return to work for extended periods—or permanently.
Compensation Available in a Drunk Driving Accident Case
Victims of drunk driving crashes in West Virginia may pursue compensation for both economic and non-economic damages.
Economic damages
- Emergency medical bills
- Ongoing medical treatment
- Rehabilitation and therapy
- Lost wages
- Loss of future earning capacity
- Property damage
Non-economic damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Punitive damages (important distinction)
Because drunk driving involves reckless and unlawful behavior, West Virginia law may allow punitive damages in certain cases designed to punish the wrongdoer and deter similar conduct.
What to Do After a Drunk Driving Accident in WV
If you are involved in a suspected DUI crash, taking the right steps immediately can protect your claim:
- Call 911 and request police response
- Seek immediate medical attention
- Document the scene if possible
- Obtain witness information
- Do not negotiate with insurance companies alone
- Contact a personal injury lawyer as soon as possible
Early legal involvement often helps preserve critical evidence such as:
- Police reports
- BAC test results
- Surveillance footage
- Witness statements
How Our Morgantown Personal Injury Lawyers Help
At Slavey & Shumaker PLLC, we assist clients by:
- Investigating the crash thoroughly
- Obtaining police and toxicology records
- Identifying all potential insurance coverage
- Evaluating liability and damages
- Negotiating with insurance companies
- Preparing cases for litigation when necessary
Our goal is to help injured clients pursue fair compensation under West Virginia law while allowing them to focus on recovery.
Related Practice Areas
This page is part of a broader personal injury network within our Morgantown legal services, including:
- Car Accident Injury Claims
- Truck Accident Cases
- Motorcycle Accidents
- Pedestrian Accident Claims
- Wrongful Death Claims
- General Personal Injury Representation
If your case involves a drunk driving crash, it may overlap with multiple injury categories depending on the circumstances.
Reviews and Client Experience
Clients who pursue drunk driving accident claims often report that having legal representation helps reduce stress, improves communication with insurers, and provides clarity during recovery.
You can learn more about client experiences on our:
- Client Reviews page
- Case results and testimonials section
Contact a Drunk Driving Accident Injury Lawyer in WV
If you or a loved one has been injured by a drunk driver in West Virginia, you may have legal options for financial recovery.
Slavey & Shumaker PLLC represents injury victims throughout Morgantown and surrounding West Virginia communities.
Contact us today for a confidential consultation.
Frequently Asked Questions
Do I need a lawyer for a drunk driving accident case in West Virginia?
Yes. DUI cases often involve complex liability issues, insurance disputes, and potential punitive damages that require legal analysis.
Can I sue a drunk driver even if they are not convicted of DUI?
Yes. A civil injury claim is separate from criminal charges, and you can still pursue compensation..
What damages can I recover after a DUI crash?
You may recover medical expenses, lost wages, pain and suffering, and in some cases punitive damages.
How long do I have to file a claim in West Virginia?
Most personal injury claims in West Virginia are subject to a two-year statute of limitations, but exceptions may apply.