How is fault determined in a drunk driving accident case?

In West Virginia, fault is determined in a drunk driving accident case using a process called comparative negligence. This process looks at the actions of both parties to decide who was responsible for causing the accident. Under the comparative negligence rule, the court will assign a percentage of fault to each party based on their actions. Under this rule, a party is not allowed to recover any damages if that party is found to be more than 50% at fault for causing the accident. Additionally, the injured party must prove that the driver accused of driving drunk was the cause of the accident. This involves gathering evidence such as eyewitness testimony, police reports, and crash scene photos that support the claim that the driver was impaired when the accident happened. An expert witness may also be called to testify as to the cause of the accident. In some cases, victims of drunk driving accidents may also be able to recover punitive damages from the driver. This type of damages is awarded to punish the driver for their reckless behavior and to deter others from drinking and driving. No matter what, it is important to remember that the goal of determining fault in a drunk driving accident case is to hold the negligent driver accountable and ensure that victims are fairly compensated for their injuries.

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How is fault determined in a drunk driving accident case?

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