Car Accident Lawyer in Huntington, WV

Car accidents, even fender benders, can have significant consequences. If you’ve been injured in a car accident due to some else’s negligence, call Miley Legal for a complimentary case evaluation. Getting legal help is essential. Insurance companies rarely operate in your best interests, and you may need an experienced legal team to help you prove fault, document costs, and receive the compensation you deserve for your injuries. At Miley Legal, we have helped hundreds of car accident victims get justice. Give us a call, for free, today.

What Types of Car Accidents Do We Handle in Huntington, WV?

As car accident injury lawyers in Huntington, WV, we handle all types of vehicle accidents on a daily basis. We understand the legal aspects of car accidents and are here to help you through the process, alleviating any anxiety and stress you may have. Here are some types of car accidents we handle, but even if you have a legal matter not specified below, please give us a call.

Rear-End Collisions

This type of accident occurs when a person’s car gets hit in the back of their vehicle. This situation might arise when a person stops at a red light, and another driver does not stop and hits the car’s rear.

T-Bone Accidents

In this situation, a car could have a green light while the other vehicle runs a red light. As a result, the car that ran the light smashed into the vehicle with the right of way. These accidents are often catastrophic and result in significant property damage.

Head-On Collisions

This type of accident occurs if two vehicles travel in opposite directions and collide. These accidents often result in serious injury or death. For help proving fault or getting justice on behalf of a loved one, call us.

Multi-Vehicle Accidents

When more than two cars are involved, it is known as a multi-vehicle accident. In many cases, speeding is involved(this does not mean that everyone involved is speeding). One car could rear-end another and cause a chain reaction.

Single-Vehicle Accident

A single-vehicle accident happens when only one car is involved. Examples are:

• Driving with the sun blaring in your face, and you cannot see and hit an object

• If you are reckless driving and hit a tree, house, building, or person

• An animal is on the road, and you swerve to avoid that animal.

• Snow and ice on the roadway cause you to veer off course
• The vehicle malfunctioned due to a faulty part

We also help victims of truck, bus, train, and motorcycle accidents, so regardless of the type of vehicle involved, we can provide you with a complimentary case review.

What are West Virginia’s Car Accident Laws?

West Virginia follows an at-fault system. The insurance company of the party at fault is responsible for paying all damages incurred by all parties involved. West Virginia uses the Modified Comparative Fault standard, meaning the damages due from the at-fault party will depend on how much they are at fault. The Statute of Limitations in WV is two years from the date of the car accident, and while there are exceptions to this rule (namely in cases involving minors), call us soon after your accident to make sure you don’t run out of time.

What Compensation Can I Recover After a Car Accident? 

Economic damages

You may be reimbursed for all financial trouble caused by the car accident. This could include your emergency room/urgent care visits, laboratory services (x-rays and diagnostic), ambulatory services, medications/prescriptions, the cost of traveling to medical appointments, and physical therapy. It is essential to know that you must show proof of all your expenses by keeping receipts and medical records.

Lost wages

Any wages you would lose from being unable to work due to your injuries from when your accident happened to when you were able to return to work.

Property damage

This pertains to not only the vehicle itself, but also items in the vehicle, such as laptops, sunglasses, and car seats. Your attorney will know what other items may be included in this section. Again, you may be asked to show proof of loss by submitting receipts to your insurance company or lawyer.

Pain and suffering

When a person is injured, they will have pain due to their injuries, which makes it hard to function as they were able to before the accident. As a result, they may receive compensation.

Emotional Distress and Loss of Enjoyment of Life

Some Victims are diagnosed with post-traumatic stress disorder (PTSD), or simply do not enjoy doing everyday life events due to the accident that they were involved in. Some individuals may not want to drive anymore. While emotional distress may be complicated to prove, we have many years of experience helping victims get the justice they deserve after an accident.

Punitive Damages

Punitive damages are meant to deter drivers who engage in reckless behavior that should not be tolerated. Under West Virginia law, punitive damages are subject to certain limitations. For questions, get in touch with us here at Miley Legal.

Other Motor Vehicle Laws Which May Influence Your Case

Details on West Virginia’s Fault System

In an at-fault system, the driver responsible for causing an accident is liable for the resulting damages. Typically, the at-fault driver’s insurance company covers the costs of medical bills, lost wages, property damage, and other losses incurred by all parties involved.

West Virginia also follows the Modified Comparative Fault Rule. This rule means that a party’s damages shall be reduced by their percentage of fault in an accident. However, if a claimant is found to be 51% or more at fault, they cannot recover damages. For example, if you were rear-ended on Hal Greer Boulevard but were found 30% responsible because of a sudden lane change, your compensation would be reduced by 30%.

An attorney will use all evidence available to establish accurate fault percentages – at Miley Legal, we fight to make sure the victim is not unfairly assigned a percentage of fault. Police reports, witness statements, and accident scene photographs will come into play. Let us navigate the complexities and handle insurance adjusters on your behalf.

Statute of Limitations

In West Virginia, the statute of limitations is two years from the date of the accident. Exceptions to this rule do exist, but they are few and far between. For minors, the two-year period begins on their 18th birthday – young victims may not have the capacity to know that they can file a claim.

Two years seems like a lot of time, but keep in mind that evidence may deteriorate, witnesses can become harder to locate, and insurance companies often try to delay settlements to their advantage. If you’ve been injured in a car accident, contact our office as soon as possible.

Uninsured and Underinsured Motorists

West Virginia requires drivers to carry uninsured motorist coverage as part of their auto insurance policies. For example, if you are struck by a driver on Interstate 64 who has no insurance coverage and can’t meet your medical expenses, your uninsured policy would step in to bridge the gap. For an extra layer of security, consider adding an underinsured policy as well. This will help you cover expenses if the at-fault driver has insurance, but doesn’t carry a high enough limit.

Reporting Requirements

Under West Virginia Code §17C-4-6, drivers involved in accidents causing injuries, fatalities, or property damage exceeding $1,000 must report the incident to the local police or the West Virginia State Police. Truthfully, you should automatically report any accident you’ve been involved in, as long as your health condition allows. You will also want to have a police report on file, should you need access to that evidence at a later date.

Commercial Vehicle Regulations

Accidents involving commercial vehicles may be governed by additional state and federal regulations. For instance, truck drivers must comply with hours-of-service rules, vehicle maintenance requirements, and cargo weight limits. Violations can be used to establish negligence on the part of the driver or their employer.

Distracted Driving and Cell Phone Use

If the at-fault driver was distracted by a cell phone at the time of the accident, a skilled attorney can help obtain evidence that will establish fault in your case. We can use witness statements and other forms of evidence to prove that the driver was established, and this will help you recover fair compensation.

Drunk Driving Laws

A driver with a BAC of 0.08% or higher is considered legally intoxicated in West Virginia, and commercial drivers have an even lower threshold of 0.04%. Drunk driving accidents often involve punitive damages in addition to compensatory damages.

We Help Navigate Complicated Insurance Situations

If you’ve received the news that the at-fault driver doesn’t have insurance, or simply doesn’t carry enough insurance to cover the damages you are entitled to, call Miley Legal. We can help you find other forms of compensation, take the case to court, or uncover other policies that may contribute to your recovery.

When the At-Fault Driver Doesn’t Have Insurance

If the at-fault driver is uninsured, you may feel like you’ve hit a wall in your pursuit of compensation. Fortunately, West Virginia law requires all drivers to carry a minimum level of uninsured motorist insurance – so even if the other driver is uninsured, you will be paid from your own uninsured driver policy.

However, filing a claim with your own insurance company can sometimes be just as complex as dealing with another party’s insurer, and your insurance company may even challenge the extent of your injuries or dispute the costs associated with your claim. If that happens to you, we will fight the insurance company on your behalf.

In other cases, the uninsured driver may still have personal assets that can be pursued to cover your losses. We can take them to court and obtain fair compensation for you.

When the At-Fault Driver Doesn’t Have Enough Insurance

West Virginia drivers are required to carry liability insurance with minimum coverage limits, including $25,000 for bodily injury per person and $50,000 per accident. Unfortunately, these limits often fall short in covering the costs of a serious accident.

If you have an underinsured driver policy, it will provide additional compensation when the at-fault driver’s insurance is inadequate. But navigating these claims can be tricky, and your insurance company may push back on your claims.

We will thoroughly investigate your case, document your expenses, and argue for the insurance company to pay. We’ll handle the paperwork, negotiations, and, if necessary, litigation. No matter how complex your insurance situation may be, Miley Legal can help.

How Does the Accident Claim Process Work?

In WV, it is necessary for investigating officers to file a police report if it appears there is $1,000 or more in property damages. Call a WV attorney, as they know the precise laws of the state and can help you with your accident and gather all the paperwork/evidence needed to get your car insurance claim paid, along with some or all of the above-said topics paid. An attorney will also represent you in court.

Call Our Huntington Car Accident Lawyers For Free

At Miley Legal, our skilled car accident attorneys can help you at every step of the legal process, including:

• Complimentary case evaluations
• Handling all communication with insurance companies
• Gathering all the information needed to win your case
• Ensuring our clients receive the most compensation possible

You should always contact a lawyer after a car accident, especially if you are not at fault. Don’t rely on the insurance company to give you a fair offer. We will help you determine your case’s worth and let you focus on recovery.