spin, what time was it and how light/dark was it out and did he have any lights on?

 

cwb, I think you are wrong, doc still has contributing factors to the accident but so does the guy that was drunk. Doc, you need a private attorney immediately that has experience in this area. And for cwb, suppose the guy was just lost, was not drunk, and was sitting the same place? Doc's actions/results would have been the same and this is all independent of any alcohol consumed by the other driver.

 

Fair enough. I can certainly see the assignment of fault - I had just been told that the drunk driver was always considered at-fault regardless.

IF all of that is true, who decides who gets what portion of the blame?

Is it for sale?

I traded it in a few months ago, still on the lot.

How long did the guy go inside?

 

If he was legitimately drunk he should have gone to jail. When you left were the police and him still there? And did you see them doing field sobriety tests?

 

You can also check your county jails website and see if he's been an inmate if you know his name.

Shouldn't the guy be charged with leaving the scene of an accident?

Shouldn't the guy be charged with leaving the scene of an accident?

 

He didn't leave with his vehicle. He ran in the house. Either to pee or change his underwear.

How long did the guy go inside?

 

If he was legitimately drunk he should have gone to jail. When you left were the police and him still there? And did you see them doing field sobriety tests?

 

You can also check your county jails website and see if he's been an inmate if you know his name.

Dude was in the house for 3-4 minutes. I left before the field sobriety tests were done, but the officer said they were gonna do them as I left.

He didn't leave with his vehicle. He ran in the house. Either to pee or change his underwear.

 

Does it matter if the vehicle leaves or not? If the physical person leaves, that's leaving the scene right?

Does it matter if the vehicle leaves or not? If the physical person leaves, that's leaving the scene right?

Not sure, but the officer friend I spoke to after the fact said that he would have written him for leaving the scene. So, I assume you're correct.

Does it matter if the vehicle leaves or not? If the physical person leaves, that's leaving the scene right?

 

 

It's not leaving the scene if he comes right back.

It's not leaving the scene if he comes right back.

 

So wait, you can leave an accident if you come back.

 

Seriously?

 

Doc, if we were in KY this is a comparative negligent state and each of you would be assigned a percentage of negligence. Not sure about WV which is all the more reason you need an experienced attorney right away.

West Virginia has what they call a “49% Rule.” It means that a plaintiff cannot recover if the plaintiff himself/herself was found to be more than 49% at fault.

IF all of that is true, who decides who gets what portion of the blame?

 

The insurance companies will fight over it and if they can't come to a consensus then ultimately a judge and/or jury would decide. You need to get out ahead of this, based on the officer's statement to you about fault the report is not going to be favorable. With your attorney you may need to approach the officer again (and maybe his supervisor) about changing/supplementing the report as it speaks to fault based on whatever supporting evidence your attorney can provide.

I'm not a personal injury guy, but this isn't a personal injury case. Seems like you have a negligence case here. You need to get with someone licensed in West Virginia to walk you through this to see if the cost of litigation is worth the recovery. What you are looking at is, basically if you are less than 50% at fault you can recover less your percentage of fault. So if damages are $1000 and you are 37% at fault (as found by jury or judge) Your recovery is $630. I would at least get the report from the police and get with an attorney who you can trust.

So wait, you can leave an accident if you come back.

 

Seriously?

 

I'm not a prosecutor but I can't find anything in the statute that says you can't run in your house if you wreck right in front of it. If he never returned that's a different story.