Establishing Negligence in a Clarksburg Car Accident
When it comes to establishing negligence in a Clarksburg car accident, the state of West Virginia follows the comparative negligence rule.
More specifically, West Virginia follows the modified comparative negligence – 50% rule. In this type of negligence, a claimant can only recover damages for their injuries from a Clarksburg car accident if they are 49% or less at fault for the accident.
It’s important to know how negligence is established in a car accident. In order to recover damages you must have contributed no more than 49% to the accident. Negligence from another driver may be established if the following factors played a part in the car accident:
- A sudden or unexpected move;
- Driver’s recklessness, intoxication or fatigue;
- Driver knowingly used a car that was defective in any way;
- Failure to obey a traffic signal or sign; and
- Driver distraction.
If you have been injured in a Clarksburg car accident, an injury lawyer in Clarksburg can talk to you about the other driver’s level of negligence as compared to your own and how West Virginia negligence laws will impact your potential settlement.
Contacting a Clarksburg Injury Lawyer
Unfortunately, car accidents are a regular occurrence on West Virginia roadways such as I-79, I-77, Route 50, Route 33, and I-68. In fact, our state averages over 40,000 car crashes, over 400 deaths, and over 11,000 serious injuries each year. If you or a loved one has been seriously injured in a West Virginia car accident, order a FREE copy of our consumer guide, The 7 Biggest Mistakes that Can Wreck Your West Virginia Car Accident Claim then contact the Clarksburg personal injury attorneys at The Miley Legal Group for a no cost consultation – 304-326-1800