West Virginia Drunk Driving Statistics
It's New Year's Eve and many West Virginians are looking forward to a fun night of celebrating. While most people will have a safe and responsible night, some people will inevitably get behind the wheel after they've had too much to drink. Drunk driving in West Virginia isn't only a problem around the holidays, either.
According to the Times West Virginian, an estimated 128 people died in traffic accidents involving alcohol-impaired (having a blood-alcohol content of .08 or higher) drivers in 2008 in West Virginia.

Here are some other shocking statistics:
- Across the nation, an estimated 11,773 people were killed in drunk driving crashes in 2008.
- On average, a drunk driver kills someone every 45 minutes in the United States.
- The National Highway Traffic Safety Administration (NHTSA) reports that about 34% of all traffic fatalities in 2008 were the result of drunk driving-related crashes.
- MADD (Mothers Against Drunk Driving) estimates that more than 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or drugs.
In response to the rise in the number of drunk drivers on the road on New Year's Eve, the West Virginia State Police and other local police agencies are stepping up their patrols to keep people safe and to discourage drinking and driving. If you get a DUI, your license can be suspended and you'll get slapped with a heavy fine. You may even have to spend the night in jail.
Underage drinkers (under 21) are subject to a zero tolerance policy - if they get caught driving under the influence, their licenses will be revoked. If you or someone you love has been hit by a drunk driver, contact a personal injury lawyer immediately.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "West Virginia Drunk Driving Statistics" highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •Under West Virginia's modified comparative negligence framework (W. Va. Code § 55-7-13a), an injured motorist may recover damages provided their degree of fault does not exceed 50%.
- •Preserving physical evidence—including vehicle electronic data recorder (EDR) logs, witness statements, and accident reconstruction data—is vital immediately following a collision.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
What steps should I take immediately after a motor vehicle accident in West Virginia?
Seek prompt medical attention, ensure law enforcement completes an official crash investigation report, document scene photographs, and avoid providing recorded statements to insurance adjusters before consulting counsel.
How does comparative fault affect car accident settlements in West Virginia?
West Virginia follows the 51% bar rule: if a driver is determined to be 20% at fault, their total damages are reduced by 20%. If they are found 51% or more responsible, recovery is completely barred.
Related Practice Resources & Analysis
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