Clarksburg, WV Car Accident Lawyer
After a car accident in Clarksburg, WV, knowing your legal rights and obligations can be the difference between getting justice and being left on the hook for medical bills. Having a local Clarksburg attorney by your side to navigate the aftermath of a car accident is always the right decision. Car accident claims can be complex, making legal representation non-negotiable if you want fair compensation after an accident.
What Should I Do Following a Clarksburg Accident?
The last thing you want to think about after a car accident is the law. You may be injured, you’re almost certainly stressed out, and you may not even have access to a vehicle. After prioritizing your safety and health, seek the help of a qualified accident attorney.
Prioritize Safety
Safety should always be a priority following a car accident. Move vehicles from the roadway if they are in an unsafe area. This will avoid causing another accident because your vehicle will act as a road obstacle. Do not move vehicles if they are already in a safe position.
All parties should check for injuries and call 911 for emergency services. Many car accident injuries will be readily apparent. Others, however, may not be. For example, signs of traumatic brain injuries may not occur until days after the accident. It’s better to air on the side of caution and seek a medical evaluation if you’re unsure if you’ve been injured.
Document the Scene
Once all vehicles are safe, it’s time to document the scene and exchange necessary information with the other involved parties. Take photos and videos, and gather witness information to support your claim down the line. Be sure to exchange names, insurance, and contact information with other drivers. If you don’t have this information, the at-fault parties may attempt to avoid liability.
File an Accident Report
Accident reports in West Virginia are required if anyone’s been injured or the damage exceeds $1,000. However, having an accident report is always a good idea. Accident reports contain pivotal information such as the police officer’s impression, weather conditions, and information about the involved parties. The responding officers will take care of filing a report if they respond to the scene. If not, accident reports may be filed later by any involved party.
What Laws Do I Need to Know Following an Accident?
Avoid legal trouble and protect your right to compensation by following West Virginia’s car accident laws.
Driver Responsibilities at the Scene
West Virginia law requires drivers to stop at the scene after an accident, exchange contact and insurance information, and assist anyone who is injured. Failing to remain at the scene or fulfill these obligations is considered a hit-and-run, a severe criminal offense that could result in fines, criminal charges, and even jail time.
Modified Comparative Negligence
West Virginia follows a modified comparative negligence rule. Under this rule, even if you are partially at fault for an accident, you may still recover compensation for your injuries and damages. However, the amount you are eligible to receive will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%. You will not be entitled to compensation if you are more than 50% responsible for the accident.
Damages Recoverable
In West Virginia, victims of car accidents can seek compensation for economic and non-economic damages. Economic damages include tangible costs such as medical bills, lost wages, and vehicle repair costs. Non-economic damages cover more subjective losses, such as pain and suffering, emotional distress, and the impact on your quality of life.
Uninsured Motorist Coverage
State law requires all drivers in West Virginia to carry uninsured motorist coverage (UIM). The minimum coverage is $20,000 per person and $40,000 per accident. This coverage protects you if you are in an accident with an uninsured driver or the at-fault driver does not have enough insurance to cover your damages.
Statute of Limitations
The statute of limitations for filing a car accident lawsuit in West Virginia is two years from the crash date. You must file your claim within this timeframe to preserve your right to compensation.
Contact Our Clarksburg, WV Car Accident Lawyers Today
If you’ve been injured in a Clarksburg car accident, legal help is available. At Miley Legal, our skilled attorneys have assisted many accident victims in West Virginia. Contact us today for a free consultation – we would be honored to represent you.