If you were seriously injured in a Morgantown car accident, understanding how fault affects your compensation is critical. West Virginia follows a modified comparative fault system where your recovery depends on fault percentages assigned to each party. Under WV Code § 55-7-13A(a), comparative fault is the degree to which a person’s fault proximately caused an injury, death, or property damage, expressed as a percentage. Even small shifts in fault allocation can mean the difference between full recovery and receiving nothing.
If you suffered injuries in a collision caused by someone else’s negligence, Robinette Legal Group PLLC is ready to help you fight for compensation. Call 304-501-5753 or reach out online today for a consultation.
How West Virginia’s Modified Comparative Fault Standard Works
West Virginia shifted from joint and several liability to modified comparative fault through House Bill 2002 during the 2015 Regular Session. Under WV Code § 55-7-13A, liability is allocated in direct proportion to each party’s percentage of fault, including plaintiffs, defendants, and nonparties.
A jury assigns specific fault percentages to every party connected to the crash. The total must equal zero or one hundred percent under § 55-7-13A(c). The percentage assigned directly controls your compensation.
The 51 Percent Bar to Recovery
If you, as the injured plaintiff, bear fault greater than the combined fault of all other responsible persons, you are completely barred from recovering any damages. WV Code § 55-7-13c(c) bars recovery when plaintiff fault exceeds combined fault of all others. If your fault doesn’t exceed that threshold, your compensation is reduced proportionally.
This rule determines whether you recover hundreds of thousands of dollars or nothing. If a jury finds you 30 percent at fault with total damages of $500,000, your recovery would be $350,000. But if your fault exceeds the combined fault of others, you receive zero. Insurance companies frequently attempt to inflate your fault share to defeat claims entirely.
💡 Pro Tip: After a serious crash, avoid giving recorded statements to the other driver’s insurance company without first consulting an attorney. Adjusters may use your words to argue you were more at fault, potentially pushing you past the bar to recovery.
Each Defendant Pays Only Their Share Under Several Liability
Under modified comparative fault, each defendant’s liability is several only, not joint. WV Code § 55-7-13c(a) makes clear that each defendant is liable only for compensatory damages in proportion to their percentage of fault. This departed from the old system where one defendant could pay the entire judgment regardless of individual blame.
For crash victims with catastrophic injuries, this carries real consequences. If multiple parties contributed to your wreck, such as a distracted driver and negligent road contractor, each pays only their share. You cannot collect the full amount from one defendant simply because another cannot pay.
When Joint and Several Liability Still Applies
Narrow exceptions where joint and several liability remains available exist in West Virginia. Under § 55-7-13c(a), joint liability may be imposed on defendants who conspired to commit a tortious act. Under § 55-7-13c(h), joint and several liability also applies when a defendant’s conduct constitutes DUI-related driving, criminal conduct that proximately caused damages, or illegal hazardous waste disposal.
💡 Pro Tip: If you were hit by a drunk driver in Morgantown, joint and several liability may allow broader recovery options. This exception can be especially important when one at-fault party lacks sufficient insurance coverage.
How Nonparty Fault Affects Your Car Accident Claim in Morgantown
A defendant may try to shift blame to someone not even party to the lawsuit. Under WV Code § 55-7-13d, the jury may assess fault percentages for nonparties, but those findings create no liability for the nonparty. These assessments serve only to accurately determine the fault of named parties.
Your recovery is reduced by any fault assigned to a nonparty. If a jury assigns 20 percent fault to a nonparty, your compensation drops by 20 percent even though you cannot collect from that person. Additionally, if you settled with a party before verdict, your recovery is reduced by the settling party’s percentage of fault, not the settlement amount. This distinction under § 55-7-13d(a)(3) can significantly impact your final recovery.
💡 Pro Tip: Settling with one at-fault party before trial does not always benefit you. Because your recovery is reduced by the settling party’s percentage of fault rather than the settlement amount, a low settlement paired with a high fault allocation could leave you with far less than anticipated. An experienced Morgantown car accident attorney can help evaluate settlement offers.
Who Bears the Burden of Proving Fault in West Virginia
The party asserting comparative fault carries the burden of proving it. WV Code § 55-7-13d(d) places this responsibility on the person alleging another party shares blame. Defendants must present evidence that you contributed to the crash if they want the jury to assign you a fault percentage.
Understanding Reallocation When a Defendant Cannot Pay
If a liable defendant cannot pay, West Virginia law provides a reallocation process. You may petition the court within one year after judgment becomes final to redistribute the uncollectible amount among remaining liable parties proportionally by their fault percentages.
However, the law limits reallocation. An award cannot be reallocated to any defendant whose percentage of fault equals or is less than yours. The court cannot reallocate to any single defendant an amount greater than that defendant’s percentage of fault multiplied by the uncollectible amount.
| Scenario Element | How It Works Under WV Law |
|---|---|
| Fault allocation | Jury assigns percentages to all parties and nonparties totaling 100% |
| Plaintiff fault not greater than combined fault of others | Recovery allowed, reduced by plaintiff’s fault percentage |
| Plaintiff fault greater than combined fault of others | Recovery completely barred |
| Defendant liability | Several only; each pays their proportional share |
| Nonparty fault | Reduces plaintiff’s recovery but creates no liability for nonparty |
| Uncollectible share | May be reallocated to other liable parties within one year of final judgment |
| Reallocation limit | Cannot reallocate to a defendant whose fault percentage equals or is less than plaintiff’s |
💡 Pro Tip: Do not assume that winning a judgment guarantees full payment. Investigate each defendant’s insurance coverage and assets early. Your attorney may also explore underinsured motorist (UIM) coverage under your own policy as an additional compensation source.
When a Plaintiff’s Criminal Conduct Bars Recovery Entirely
West Virginia law includes a complete bar to recovery when damages arise from a plaintiff’s felonious conduct. Under WV Code § 55-7-13d(c), a plaintiff cannot recover if damages arose from commission, attempted commission, or immediate flight from a felony.
What Damages Can You Recover After a Serious Car Accident in Morgantown
Under WV Code § 55-7-13d(e), damages include all recoverable damages for personal injury, death, or property loss, including wrongful death actions. For Morgantown crash victims, this encompasses:
- Emergency medical care, hospitalization, surgery, and ongoing rehabilitation
- Lost wages and diminished future earning capacity
- Pain and suffering, emotional distress, and reduced quality of life
- Wrongful death damages when negligence causes a fatality
Insurance policy limits can cap what you collect, even when damages exceed those limits. A Morgantown car accident attorney can identify additional compensation sources, including UIM coverage or third-party liability claims.
💡 Pro Tip: Keep detailed records of every medical appointment, prescription, and therapy session from your crash date onward. Future treatment costs are recoverable, but documenting the full trajectory of your care makes presenting these damages to a jury or during settlement negotiations far easier.
How a Car Accident Attorney in Morgantown West Virginia Protects Your Claim
Navigating modified comparative fault without experienced legal counsel puts your recovery at serious risk. Insurance companies scrutinize every detail to argue you bear a larger fault share. Robinette Legal Group PLLC advocates for crash victims throughout Morgantown and West Virginia.
An experienced attorney preserves critical evidence, retains accident reconstruction professionals when needed, and counters insurer tactics designed to shift fault onto you. Learn more about protecting your rights on our West Virginia car accident blog.
Frequently Asked Questions
1. What happens if I am partially at fault for my car accident in West Virginia?
If your fault does not exceed the combined fault of all other responsible parties, you may still recover compensation, reduced by your percentage of fault. If you are 20 percent at fault and damages total $200,000, your recovery would be $160,000. If your fault exceeds combined fault of others, recovery is barred entirely.
2. Can a defendant blame someone who is not part of the lawsuit?
Yes, defendants may ask the jury to assess fault percentages for nonparties under § 55-7-13d(a)(5). However, nonparty fault findings create no liability for the nonparty. They only determine named parties’ fault, and any fault assigned to a nonparty reduces your recovery proportionally.
3. Does West Virginia still allow joint and several liability in car crash cases?
Only in narrow circumstances. Joint and several liability may apply when defendants conspired to commit a tortious act, or when conduct constitutes DUI-related driving, criminal conduct proximately causing damages, or illegal hazardous waste disposal. Otherwise, each defendant is liable only for their proportional share.
4. What should I do if the at-fault driver does not have enough insurance to cover my injuries?
You may have additional options beyond the at-fault driver’s policy. Underinsured motorist (UIM) coverage on your auto policy can help bridge the gap. Your attorney can investigate whether other parties share liability. Identifying every potential recovery source early maximizes compensation.
5. How long do I have to seek reallocation if a defendant cannot pay?
You must petition the court within one year after judgment becomes final. The uncollectible amount is redistributed among remaining liable parties proportionally, subject to the rule that reallocation cannot be imposed on any defendant whose fault percentage equals or is less than yours.
Protecting Your Right to Full Compensation After a Morgantown Car Crash
West Virginia’s modified comparative fault system creates both opportunities and risks for crash victims. Your percentage of fault, allocation among defendants and nonparties, and the several-only liability rule all directly impact your recovery. Understanding these rules is essential, but applying them effectively requires guidance from a legal team experienced in West Virginia negligence laws.
If you suffered life-changing injuries in a car accident caused by another driver’s negligence, Robinette Legal Group PLLC is here to help you pursue full recovery. Call 304-501-5753 or contact us today to discuss your case with a trusted legal team that fights for injured victims across Morgantown and West Virginia.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
