West Virginia Car Accident Attorney

A West Virginia Injury Lawyer Will Know the Common Causes of Car Accidents

When a driver is negligent behind the wheel, accidents can occur. Drivers owe others on the road a duty of care to follow all traffic laws and prevent collisions. When they violate a traffic law, they breach this duty. This could be the proximate cause of a crash and injuries.

For example, when a driver runs a red light, they set up a situation where others passing through the intersection legally may risk becoming victims in a collision. Some common types of crashes include:

• Head-on collisions: These crashes could occur when a driver crosses the center line into oncoming traffic or drives illegally on a one-way street. They often occur due to speed, distractions, impairment, or fatigue.
• Side-impact collisions: Also known as a T-bone crash, side-impact crashes are generally intersection collisions. They occur when one driver runs a red light or stop sign, fails to yield, and turns in front of oncoming traffic.
• Side-swipe collision: These collisions occur when two vehicles make contact side to side, often because one makes an improper lane change or does not check their blind spots.
• Rear-end collision: A driver fails to maintain a safe following distance and crashes into the rear of the car in front of them. This collision is often due to speeding or distracted driving.

Some common contributing factors for West Virginia car accidents could include:

• Speeding
• Driving under the influence of alcohol or drugs
• Distracted driving, such as eating, texting, or talking on the phone
• Drowsy driving
• Eating or drinking while driving
• Reckless or aggressive driving
• Poor weather conditions, including rain, fog, or snow
• Inadequate vehicle maintenance
• Road rage or aggressive driving behavior

A West Virginia collision injury attorney will know how to determine if negligence occurred and develop a case based on it. They can hold the at-fault driver legally responsible and seek money for you. Sometimes, another party might be liable. For example, this is common in West Virginia truck accident cases when the trucking company is often accountable for a negligent driver’s behavior.

A West Virginia Car Accident Attorney Prioritizes Your Healing After a Crash

While your car accident attorney builds your case and manages your collision claim, you can focus on treatment and healing from your injuries. The severity of car accident injuries can range from minor to life-threatening. They could include:

• Relatively minor injuries, such as whiplash, sprains and strains, cuts and bruises
• Moderate injuries, including broken bones or fractures, concussions or mild traumatic brain injuries, or dislocations
• Severe injuries, such as spinal cord injuries, paralysis, severe head trauma, internal injuries, and amputations
• Fatal injuries due to internal injuries, trauma, or head injuries

The severity of a crash depends on factors such as the speed of each car, the type of collision, and the overall health of those involved. Crash victims may require care at one of the state’s four Level I or Level II trauma centers, a nearby emergency department, or an urgent care clinic.

Each victim suffers unique injuries and requires a personalized treatment plan. This care will play a significant role in determining how much their case might be worth. For example, those hurt in West Virginia motorcycle accidents often suffer more severe injuries. They may require additional care and ongoing support, leading to a larger payout.

What Types of Compensation Are Available in a West Virginia Car Accident Case?

The compensation recoverable in a car accident case depends greatly on the expenses and losses the victim incurs or will likely incur because of their crash, injuries, and treatment. Each case is unique, and there is no way to determine how much your case might be worth based on the outcomes of other claims or lawsuits.

A car accident attorney from one of our trusted law firm partners can collect the documentation necessary to show your incurred costs and work with experts to estimate your future expenses and losses. This process will allow them to pursue a fair settlement or verdict that includes a wide range of recoverable damages.

Economic Damages

Economic damages are the past and future financial costs and losses incurred because of a crash and injuries. They could include:

• Medical care, treatment, rehabilitation, and related expenses
• Future care and associated costs, as estimated by experts
• Lost income and reduced earning capacity for long-term injuries
• Property damage, including vehicle repair or replacement
• Household services you must pay because of the injuries
• Out-of-pocket expenses paid because of injuries or treatment

Non-Economic Damages

Non-economic damages are the current and future intangible losses from accidents and injuries. They include:

• Pain and suffering
• Emotional distress
• Reduced quality of life
• Scarring, disfigurement, and disability

Punitive Damages

Punitive damages are rare in WV car accident cases, but a jury could award them in cases where the at-fault party is guilty of gross negligence or intentional misconduct.

Wrongful Death Damages

Wrongful death damages are recoverable by loved ones if the victim dies from their car accident injuries or complications. They could include:

• Funeral and burial expenses
• Loss of financial support and services
• Grief and mental anguish
• Loss of love, affection, and guidance

How Our Team Assesses Cases for a West Virginia Car Accident Attorney

The Goldwater Law Firm has a long history of ensuring the wrongfully injured get the results they need after an injury accident. As one of the most widely recognized law firms in the United States, we prioritize victims and their needs.

Our firm has strategic partnerships with large and successful law firms, serving people in all 50 states. We can connect you with an attorney at one of our co-counsels near you to help you navigate the car accident claims process. Our trusted law firm partners provide empathy, respect, and dedication to every client.

Our team provides a free case review to learn what you may qualify to pursue based on your case facts. We can connect you to our co-counsels, who all work based on contingency. You will not need to pay anything today for an attorney to begin working on your case. You only pay from the money they recover for you.

How a West Virginia Car Accident Lawyer From Our Co-Counsels Can Help You Get Justice

When you work with one of our law firm partners on your car accident case, they will work to develop the strongest and most compelling case possible on your behalf. They must convince the insurance company, judge, or jury of your payout based on what happened and the damages you suffered.

Evidence commonly used to support a West Virginia car accident case includes:

• Police reports filed from the accident scene by responding officers
• Witness statements and testimonies from those who saw the crash
• Relevant medical records, imaging, and other documentation
• Photos of the accident scene, vehicles, and injuries
• Video from traffic cameras, dashcams, or nearby businesses
• Vehicle damage and repair estimates
• Traffic citations issued to the at-fault driver, if any
• Accident reconstruction
• An accident scene survey
• Expert testimony about your prognosis, future care needs, and other relevant information
• Documentation of recoverable damages

It is not unusual for expert affidavits or testimony to play a role in these cases, especially when they go to trial. We have an extensive network of doctors, reconstruction specialists, industry experts, economists, and others who our co-counsels can call on to support your claim if necessary.

Many of these cases settle without needing to go to trial. However, your lawyer will ensure you do not miss the deadline to file a lawsuit if your case has not been settled by this date. Under W. Va. Code § 55-2-12, the statute of limitations typically expires two years after the crash date for injuries and two years after death for wrongful death lawsuits.