Marion County Car Accident Lawyer
Car accidents have the potential to impact your life substantially. Even minor collisions could result in severe injuries or vehicle damage. This damage could cause a person injured in a car wreck severe financial hardship. If this has happened to you, a Marion County car accident lawyer could help pursue compensation for the person responsible.
Obtaining payments for your injuries is not as simple as filling a claim and waiting for a check. You will need to build a case strong enough to prevail at trial carefully. A seasoned personal injury attorney could evaluate your situation, gather compelling evidence, and tirelessly fight for your rights.
Negligence in Auto Accident Cases
Car accidents rarely occur due to the intentional actions of a driver. While road rage can occur, the vast majority of collisions are caused by careless or reckless driving. The fact that a crash was an accident does not mean the responsible party can avoid liability, however.
Every driver on the roadways of Marion County has an obligation to drive carefully. This duty of care requires motorists to stay vigilant and take steps to avoid colliding with cyclists, pedestrians, and other drivers. When a driver breaches this duty and causes an accident, they could be responsible for providing financial compensation to the victims.
At trial, proving that a driver breached their duty of care depends on the circumstances of the crash. Any violation of state traffic laws or local ordinances could be used as evidence of negligence.
It is not enough for a Marion County car wreck attorney to prove that the defendant caused an accident. They must also show that the plaintiff’s damages resulted from the defendant’s actions.
Sharing Fault for a Crash
For a Marion County car accident lawyer, demonstrating negligence in a lawsuit can be complicated, even when one side is clearly without fault. Things can become less clear if both parties appear to share blame for an accident.
In Marion County and throughout West Virginia, liability in car wreck cases is evaluated using the modified comparative negligence standard. This means juries will assign a percentage of fault to each party involved in the accident. If a plaintiff is no more than 50 percent responsible for the crash, they could recover compensation for their injuries. The court could bar a plaintiff from recovering damages if they were primarily at fault.
While a plaintiff who shares no more than 50 percent of the blame has a right to seek compensation, the jury will reduce the damage award in proportion to their degree of responsibility. This means a plaintiff that is 45 percent responsible for a crash could collect at most 55 percent of their total damages. Consult a knowledgeable lawyer for more information about shared liability and recovering damages.
Discuss a Claim with a Marion County Car Accident Attorney
Getting on with your life after a severe car accident could be challenging. The days immediately following a crash are often chaotic as you arrange for medical care, transportation, or even your replacement at work.
By working with a Marion County car accident lawyer, you could recover compensation for these hardships. To discuss your options with skilled legal counsel, call and set up your initial consultation right away.