West Virginia Distracted Driving Accident Lawyer
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Becky just had to hit reply.

It felt like the world would end if she didn’t fire back at that less-than-friendly comment under her Instagram photo. Who knows what would have happened if she had just waited the five minutes left to arrive at her destination to hit reply? You wouldn’t be in a hospital bed, that’s what. Nothing is more frustrating than a driver disregarding road safety at the expense of innocent drivers. Now your car is damaged, your leg is broken, and you desperately need a distracted driving accident lawyer in West Virginia.

Are You a Victim of a Distracted Driver?

In the age of instant gratification, people feel that they shouldn’t have to exercise patience in other facets of their lives. Distracted driving is behavior that pulls your focus away from the goal of safe driving and can cause serious or even fatal motor vehicle accidents.

Distracted driving accidents can be caused by the following:

  • Chatting on cell phones
  • Texting
  • Eating and drinking
  • Talking to passengers
  • Fiddling with the radio or entertainment or navigation systems

The Stats Speak for Themselves

In 2010, of all fatal accidents reported in West Virginia:

  • 23% involved cell phone distractions
  • 23% involved distractions from eating, drinking, or smoking
  • 15.4% involved an outside person or object

The prevalence of car accidents in West Virginia is attributed to many factors, including:

  • Winding highways
  • Country roads (62% of all fatal crashes in West Virginia occur on rural roads)
  • The state’s rugged landscape
  • Higher-than-average careless and drunk driving incidents
  • Frigid winters, which can lead to icy roadways
  • Poor maintenance, particularly on rural roads

Distracted Driving Under West Virginia Law

West Virginia established legislation in 2012 that classified talking on a hand-held cell phone without a hands-free device as a secondary violation. The law was amended in July 2013 to include texting as a primary offense. This means drivers can be stopped for distracted driving, not another traffic infraction like speeding, erratic driving, or improper lane changes.

Signs a driver may be distracted include:

  • Following another vehicle too closely
  • Veering to the left of the center line
  • Failing to stop at a stop sign
  • Other lane infractions

You Need to Act Quickly

You have two years to file a civil court lawsuit seeking damages for any property damage or bodily harm brought on by another person, per West Virginia Code § 55-2-12. If someone was killed in a car accident, the deceased’s family might only bring wrongful death claims against the at-fault driver within two years, according to West Virginia Code section 55-7-6. It’s critical to remember that the “clock” for these claims starts on the day the accident victim passes away. Experienced West Virginia driving accident lawyers can highlight the flaws in the other party’s case or draw the court’s attention to surrounding circumstances. Clients can also benefit from an attorney’s expertise with regional procedures, the district attorney, and the court.


Harrison County Circuit Court
301 W Main Street
Clarksburg, WV 26301

US District Court Clerk
500 West Pike Street, Room 301
Clarksburg, WV 26302

US District Court Probation
320 W Pike Street
Clarksburg, WV 26301

Find Us at a Location Near You

229 West Main Street, Suite 400
Clarksburg, WV 26301

250 Scott Avenue, Suite 100
Morgantown, WV 26501

Our West Virginia personal injury attorneys are experienced in establishing and proving that distracted drivers were negligent at the moment of the collision. Obtaining this proof in a car accident case can be challenging, but it can also significantly impact whether you receive fair compensation for your losses. To maximize your payment, we write strong and thorough claims. An attorney at Miley Legal will handle your case with care. All you have to worry about is your recovery.

For a free case review, contact us right away.

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229 West Main Street,
Suite 400, Clarksburg,
WV 26301


1150 University Ave.,
WV 26501

Don’t Let An Injury Hold You Back