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- Toyota Recalls Prompt New Looks Into Fatal Car Accidents
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- Drowsy driving results in Temple University student's death
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- Attorney Discusses Speed Limit Increase in Parts of Virginia (VA)
Posted on 2/22/2010 - Attorney Discusses Shift from Jury Trials to Settlements in Virginia
Posted on 2/9/2010 - Attorney Discusses the High Car Crash Rate in Hampton Roads
Posted on 2/4/2010 - Attorney Examines Increase in Wrong Way Car Wrecks in HOV Lanes
Posted on 2/3/2010 - Attorney Discusses Insurance Issues for "Road Warriors"
Posted on 1/31/2010
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Car & Motorcycle Accidents
- No Text is Worth Dying For
- Don't play the insurance company's games of delay, defend and deny. Review this article, check out our videos and free consumer reports, then give our firm a call so you can talk to an experienced injury lawyer for a free consultation.
- Medical Payments Coverage in Virginia: What Your Car Insurance Company Must Offer
Virginia/Carolina Personal Injury Lawyers: Focus On West Virginia (WV) Personal Injury Caused By Drunk Drivers/DUI/DWI
Virginia/Carolina Personal Injury Lawyers:
Focus On West Virginia (WV) Personal Injury Caused By Drunk Drivers/DUI/DWI
[Please also see the associated article: Personal Injury Or Death Victims In Virginia (VA/WV) and Carolina (NC/SC) Car Or Truck Accidents Caused By Alcohol-Drunk Drivers, (Drinking & Driving/DUI/DWI) on this website]
In the state of West Virginia (WV) you are considered to be Driving Under the Influence (DUI) if your blood alcohol content (BAC) is .08% or above. You are judged guilty of "impaired driving" if your BAC is over .05 but less than .08%. It is important for you to realize that you can still be arrested if your blood alcohol content (BAC) is below .08% if the arresting officer decides you were driving recklessly.
A person who refuses to participate in field sobriety testing in WV should be aware that West Virginia is an "Implied Consent" state; this means that as a citizen of West Virginia you agreed to participate in any and all field sobriety tests administered by an arresting officer. As a West Virginia driver you can face having your license suspended for a period of time ranging from 90 days to a period of three years for simply refusing a breath or blood test.
DUI in West Virginia is prosecuted by two different methods: ‘common law’ and ‘per se.’ The common law method of prosecution is when the government tries to prove that the driver was physically or mentally unable to drive due to the consumption of alcohol or drugs. The method by which they seek to prove this is based on the driver’s driving pattern, field sobriety tests, the appearance of the driver, and how well the driver performs on chemical tests. In the state of West Virginia, a DUI need not be supported by a chemical test in order to cause conviction; the other methods can stand alone.
West Virginia enforces the Zero Tolerance Law. This means that if you are younger than 21 and drive while under the influence of any amount of alcohol, your license may be revoked.
For other details about “punitive/punishment” damages in drunk driving cases, see the earlier main article for examples supporting these punishment damages.
Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia, licensed in WV, VA, NC, SC, KY and practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's website is: hsinjurylaw.com, the firm edits two injury law blogs: Virginia Beach Injuryboard & Norfolk Injuryboard, and also hosts a video library covering many FAQ’s on personal injury subjects.
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1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
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Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757) 788-8162
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Elizabeth City, NC 27909
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Case Results
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Car & Motorcycle Accidents
- Motorcycle Passengers Recover $1,512,000.00
- Rear Ender-Neck/Cervical Fusion Surgery, Lost Income and Earnings
- Pedestrians Struck by Automobile Recover $540,000.00
- Car Accident-minivan-knee surgery
- Crosswalk Accident With Broken Leg Settles For $227,000.00
Awarded: $1,512,000.00
Awarded: $545,000.00
Awarded: $227,000
FAQs
Car & Motorcycle Accidents
- I've been hurt in a car wreck and the insurance company for the other driver has called me to give a recorded statement. Should I do it?
- Should I use my regular health insurance to pay for the medical care I need as a result of a car accident?
- Our new clients in car accident cases often asked, "Can I accept a check which has been offered to me for my car repairs or will that mess up my claim for injuries and medical bills?"
- Why shouldn't I just take a quick settlement for whatever the car insurance company for the other driver will pay me?
- What do I do if the at-fault driver's car insurance is not returning my calls or dragging its feet after a Virginia car accident with injuries?