How Is Fault Determined in West Virginia Car Accident Claims?

Victims of car accidents endure financial strain due to expensive treatment plans and the inability to work. They are therefore entitled to compensation after sustaining injuries in accidents caused by someone else’s negligence. Even so, they must demonstrate how the negligent actions of the at-fault party contributed to the injuries and their losses. They must also gather evidence to determine the liable party and support their compensation claims.

You should always work with a West Virginia car accident attorney to understand applicable laws in West Virginia that affect car accident claims. A West Virginia car accident lawyer can investigate the crash, gather evidence, establish the liable party, and initiate a compensation claim.

How Is Fault Determined in a Car Accident

Determining fault in a car accident involves examining evidence and evaluating reckless action, which is a disregard for the safety of other road users.

A car accident lawyer can use the following sources of evidence to prove fault in a car accident:

• Police Reports: A police crash report is an official document containing details such as the date, time, and location of the accident, statements from the involved parties and witnesses, and the officer’s preliminary assessment of fault. A car accident lawyer can use the findings of the police report to establish liability in a crash.
• Witness Statements: Eyewitness accounts can provide valuable insights into how the accident occurred. Collecting contact information from witnesses at the scene can help strengthen your case by corroborating your version of events.
• Photographic Evidence: Photos and videos at the accident scene can supplement other sources of information. Visual evidence of the damage to the vehicles, road conditions, and any relevant traffic signs or signals can serve as powerful proof of liability.
• Video Footage: Video footage from nearby surveillance cameras or dash cams can provide clear evidence of how the accident unfolded. A car accident attorney can use video footage to establish fault, especially in disputes where each party claims the other was at fault.
• Vehicle Damage Assessment: The extent and location of the damage to the vehicles involved can also help determine fault. An experienced accident reconstruction expert can analyze the damage patterns to recreate the sequence of events and establish which party was responsible for the collision.
• Medical Records: Documentation of your injuries and medical treatment following the accident can also support your claim for compensation. Medical records can demonstrate the severity of your injuries and their impact on your life, further reinforcing the need for financial recovery.
• Traffic Violations: Evidence of traffic violations committed by the at-fault party, such as speeding, running a red light, or texting while driving, can strengthen your case. Traffic citations or dash cam footage capturing these violations can be compelling evidence to prove fault.
• Cell Phone Records: In cases involving distracted driving, obtaining the at-fault party’s cell phone records can reveal whether they were using their phone at the time of the accident. Text messages, calls, or social media activity can serve as evidence of negligence and help establish fault.

How to Prove You Are Not at Fault in a Car Accident

West Virginia applies shared fault rules, meaning multiple parties may be responsible for a car accident. Your settlement value in a car accident claim may be reduced to the extent of your responsibility if you share fault with the other driver.

You should, therefore, demonstrate that the other party was fully responsible for the crash so you don’t lose your right to compensation. A car accident attorney can assist in proving your innocence by conducting a thorough investigation into the incident.

Moreover, a car accident lawyer can work to establish a strong case by consulting with accident reconstruction experts and medical professionals. These experts can provide valuable insights into the cause of the accident, the extent of your injuries, and the impact it has had on your life.

By presenting a compelling argument supported by expert opinions and tangible evidence, a car accident attorney can help you demonstrate that you were not at fault for the accident.

What to Do After a Car Accident Not Your Fault

Although being injured in an accident that’s not your fault is overwhelming, your actions can protect your wellness and legal rights. Here’s what to do after a car crash that’s not your fault.

Seek Prompt Medical Attention

You should seek prompt medical attention even if you feel fine after the crash. Some injuries may not manifest until days or even weeks later. A healthcare provider can diagnose hidden injuries and initiate a treatment plan.

A healthcare provider will also document your injuries and treatment plan. A car accident lawyer can use a doctor’s note, prescription note, diagnostic reports, and a physician’s bill to prove the injuries and support your compensation claim.

When you delay seeking medical attention, insurance companies may try to argue that your injuries weren’t a direct result of the accident. You have documented proof of your injuries by getting checked out promptly, making it harder for the at-fault party’s insurance to deny or downplay your claims.

File a Police Accident Report

You should alert a law enforcement officer after being involved in an accident caused by someone else’s fault. All states have rules that require drivers to file a police crash report after meeting specific regulations.

For instance, drivers must file a police crash report if a car accident results in:

• Injury
• Death
• Property damage over $1,000

A police crash report is an official documentation of the accident’s details, including the date, time, location, and parties involved. When you involve a law enforcement officer, an objective third party, who assesses the situation and creates a factual record of the incident.

Even if the other party agrees to cover the damages without involving insurance or legal entities, having a police report can safeguard your interests if the situation escalates. A police crash report is a solid foundation for future claims or legal actions.

Inform Your Insurer About the Crash

You should also inform the insurer about the crash, even if the other party has agreed to cover the injury-related losses. You should also notify your insurer because most insurers require their policyholders to make a notification about a crash within a specific window.

Your underinsurance/uninsured coverage can pay injury-related losses if the at-fault party has no or low insurance coverage. A car accident lawyer can help file a lawsuit if you can’t recover compensation from your insurer.

Consult a Car Accident Attorney

You should speak with a car accident lawyer after being injured in a car accident caused by someone else’s negligence. They can evaluate the circumstances of the crash and determine if you have a valid claim against the negligent party.

A car accident attorney will also help your claim adhere to the legal timelines and deadlines. For example, the West Virginia personal injury statute of limitations requires injured victims to file a personal injury claim within two years. You can lose your right to compensation if you initiate a lawsuit beyond the two-year deadline. A car accident lawyer understands the applicable timelines in your case and will file a timely claim so you don’t lose your legal right to compensation.

A car accident attorney will also give you legal advice so you can make appropriate decisions that protect your legal rights after a car crash. You can also count on a car accident lawyer to handle the legal aspects of your claim as you focus on recovery.

Compensation for a Car Accident

You can file a personal injury claim or lawsuit to obtain compensation for your injury-related losses. Some of the damages you can receive in a car accident include:

Medical Expenses

In the aftermath of a car accident, you may seek medical attention to cope or recover from an injury. Medical expenses comprise a significant share of your car accident claim. These damages can cover the following costs:

• Hospitalization charges
• Physical therapy
• Doctor’s fee
• Prescription medications
• Rehabilitation services
• Medical equipment and supplies

You should keep a record of all medical expenses to support your compensation claim for medical expenses.

Lost Income

If your injuries from the car accident prevent you from working, you may be entitled to compensation for lost income. These damages include the income you have already lost and any future earnings you will miss due to your injuries.

Lost income includes regular salary, tips, bonuses, commissions, overtime, vacation, and other benefits you did not earn due to the injury. A car accident lawyer can support your lost income claim, using:

• Medical records
• Pay stubs
• Tax returns
• Bank statements
• Profit and loss statement
• Invoices
• A letter from your employer

Out-of-Pocket Expenses

You may also incur other out-of-pocket expenses resulting from the car accident. These losses can include costs for transportation to and from medical appointments, insurance deductibles, home care services, over-the-counter medications, or modifications to your home or vehicle to accommodate any disabilities caused by the accident.

You can prove out-of-pocket expenses using receipts, bank statements, and credit card statements. A car accident lawyer can use medical records to demonstrate that the costs were valid and reasonable.

Pain and Suffering

Car accidents can lead to physical pain and emotional suffering. Compensation for pain and suffering aims to address the physical pain, discomfort, trauma, and inconvenience you experience due to the accident.

For example, you may be entitled to pain and suffering damages if you experience insomnia or nightmares due to physical pain or emotional trauma after a severe accident.

Emotional Anguish

The emotional toll of a car accident can be significant. From anxiety and depression to social isolation, the emotional effects of a car accident can be long-lasting. Compensation for emotional anguish seeks to acknowledge and provide redress for these psychological impacts.

For example, you may endure survivor’s guilt, an overwhelming feeling, after surviving a crash that caused severe injury or fatality to a passenger or another driver.

A car accident lawyer can use the following sources of evidence to prove emotional anguish:

• Health records from a therapist or psychiatrist with the details of diagnosis and treatment
• Prescription records
• Expert testimony from a mental health professional
• Eyewitness testimony from friends and family about behavior changes or social isolation
• Documentation from your employer showing decreased performance, absenteeism, or disciplinary actions linked to emotional distress

Loss of Companionship

If a car accident results in the loss of a loved one, you may be entitled to compensation for the loss of companionship. These damages recognize the loss of a close or intimate relationship with a family member after their death or severe injury.

For example, a spouse may no longer receive the intimacy, affection, or support they once shared due to a partner’s long-term disability, emotional trauma, or disfigurement.

In a tragic case involving wrongful death, the surviving family members may suffer permanent loss of love, parental care, and guidance. Compensation for these damages allows the surviving family members to cope with or recover from these losses.

Loss of Enjoyment of Life

Serious injuries from a car accident can limit your ability to enjoy life as you did before. Compensation for the loss of enjoyment of life accounts for the diminished quality of life resulting from the accident.

Permanent Disability/Disfigurement

If you sustain permanent injuries or disfigurement in a car accident, you may be eligible for compensation. Permanent disfigurement/disability damages address the long-term impact on your physical appearance and abilities due to the accident.

Punitive Damages

A judge or jury may award you punitive damages if they determine the at-fault party’s actions to be reckless or egregious. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

Get Legal Support to Prove Fault and Maximize Compensation

You may experience a worsening mental health after sustaining an injury in a car accident. Compensation for these intangible losses can allow you to pay for medical interventions that enhance your mental wellness.

Although you may be entitled to compensation for these losses, the at-fault party may shift the blame to you. A car accident attorney can use evidence to prove fault and fight for a fair settlement value that matches your losses. Get in touch with a car accident lawyer for legal support.

Jeff Robinette( West Virginia Personal Injury Attorney )

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.