Your Car Accident Lawyer in West Virginia
If you’ve been in a car accident in West Virginia, you may be feeling overwhelmed by the nuances of WV personal injury law, what to do about medical expenses, and how to recover damages. A personal injury attorney from Miley Legal can shoulder this burden for you and ensure that you are fairly compensated. Protect your rights, and give Miley Legal a call for a FREE case evaluation. We would be happy to help you.
Common Types of Car Accidents in West Virginia
Every car accident is different, but many of them fall into the categories below. Even if your motor vehicle crash doesn’t fit neatly into this bucket, please give us a call.
Rear-end collisions
Rear-end collisions are one of the most common types of car accidents. They are often caused by distracted driving or tailgating. Rear-end collisions can cause serious injuries, most commonly whiplash.
T-bone Accidents
T-bone accidents often occur at intersections when one car runs a red light or stop sign. They can also be the result of drunk, distracted, or otherwise reckless driving.
Head-On Collisions
Head-on collisions are extremely dangerous and often fatal. Victims of head-on collisions often require extensive, long-term medical treatment.
Multi-Vehicle Pile-Ups
Multiple cars are often involved when accidents happen at high speeds on busy highways. In these cases, it can be challenging to prove who caused the accident and get appropriate compensation. An experienced attorney can help gather the evidence needed.
Single-Vehicle Accidents
Just because only one driver was involved in an accident does not necessarily mean that they are at fault. Poorly maintained roads or defective vehicle parts could be a significant factor in the accident.
Hit-and-Run Accidents
Hit-and-run accidents occur when a driver leaves the scene after causing an accident. In these cases, obtaining compensation can be difficult. Fortunately, West Virginia requires Uninsured Motorist insurance coverage, so you should be covered even if you do not receive assistance from the at-fault driver. However, you may need help getting a fair offer from your insurance company. That’s when we can help.
West Virginia’s At-Fault and Comparative Negligence Laws
West Virginia is an at-fault state, meaning that the party who causes the accident is responsible for any damages. This means that proving fault is essential. Often, you must prove that the other driver not only caused the accident but was negligent or reckless in doing so.
West Virginia also recognizes that more than one party can be at fault for an accident. Thus, it has adopted a modified comparative negligence law where the court apportions fault among the parties according to their degree of responsibility.
Statute of Limitations for Car Accident Claims
In West Virginia, the statute of limitations for filing a personal injury claim resulting from a car accident is generally two years from the accident date. You may lose your right to sue if you do not file within this two-year period. There are exceptions to this rule. One exception involves minors. If the injured party is a minor (under the age of 18), the statute of limitations is paused until the minor turns 18. Thus, a minor must file a car accident claim two years from their 18th birthday.
Steps to Take After A Car Accident
Car accidents can be traumatic and unsettling. Knowing the proper steps after an accident is important when protecting your legal rights and ensuring fair compensation.
Ensure Safety and Call 911
The first priority after an accident is to make sure everyone is safe. Move the vehicles out of the flow of traffic if possible. Call 911 even if anyone is hurt, even if the injuries seem minor.
Document The Accident Scene
Take notes about what happened. Take photos and videos of the resulting damage and circumstances surrounding the accident. If the police are called, they will help document the accident, but you should still take your own photos if you can. You will also want to gather the police report after the accident to make sure you are not incorrectly listed as the at-fault party.
Gather Witness Information
Get the names, addresses, and phone numbers of anyone involved or who saw the accident. Lawyers often assist with gathering witness statements when necessary during a personal injury lawsuit.
Seek Medical Attention
Just because you feel fine immediately after an accident does not mean that you aren’t injured. Some injuries, such as whiplash, may not appear immediately. Therefore, you must seek medical treatment even if you feel fine after an accident. A medical professional will ensure you are ok and document any injuries.
Report The Accident To Your Insurance Company
Notify your insurance and provide all necessary information, including the other driver’s information, witness statements, photographs, and accident details. Your insurance company may investigate further.
Contact a Car Accident Lawyer
Contact an attorney as soon as possible to improve your chances of receiving fair compensation. All statements you make to the insurance or other parties involved can be used against you and hinder your recovery. An experienced lawyer can ensure you don’t make any mistakes that may jeopardize your case. Whether you are dealing with a bad faith insurance offer or a combative at-fault party, our experienced car accident attorneys in West Virginia can fight on your behalf.
Contact Miley Legal For Your Free Case Evaluation
West Virginia’s laws relating to car accidents are complex. An experienced personal injury attorney from Miley Legal will help you navigate the legal system and fight to help you receive fair compensation. We have the in-depth knowledge of West Virginia law and the resources necessary to build a robust case and seek the justice you deserve. Give us a call today.
