Car accidents frequently occur in the United States, and Morgantown, West Virginia, is no exception. There were approximately 280 vehicle-related accident fatalities and 766 severe injuries in West Virginia. As a growing city with a bustling college population, busy roadways, and frequent construction zones, Morgantown sees its fair share of traffic collisions each year. Monongalia County, which includes Morgantown, recorded a traffic fatality of 7.6 per 100,000.
You may be entitled to compensation if injured in a car accident caused by someone else’s negligence. Even so, you must demonstrate how the negligent actions of the at-fault party contributed to your injuries. A car accident lawyer can investigate the crash, gather evidence, and initiate a personal injury claim or lawsuit against the negligent party.
What are the car accident statistics in Morgantown, WV?
- Monongalia County, including Morgantown, reports a traffic fatality rate of 7.6 per 100,000 residents.
- Statewide, West Virginia sees around 280 car crash deaths and 766 severe injuries annually.
- Morgantown’s risk factors include a dense college population, busy roads, and frequent construction zones.
- Common accident types in the area:
- Rear-end collisions
- T-bone crashes
- Head-on collisions
- Sideswipes and single-vehicle crashes
- Multi-vehicle pileups
- After a crash, key steps include seeking medical care, filing a police report, alerting your insurer, and contacting a car accident lawyer.
Morgantown Car Accidents
In Morgantown, West Virginia, road users face various types of car accidents that can result in serious injuries and fatalities.
Here are six types of car accidents that are commonly experienced in Morgantown:
- Rear-End Collisions: Rear-end collisions occur when a vehicle hits the back of another car. These accidents often happen due to tailgating, distracted driving, or sudden stops. In Morgantown, rear-end collisions can lead to whiplash injuries and damage to the rear vehicle.
- T-bone Accidents: Also known as side-impact collisions, T-bone accidents happen when the front of one vehicle crashes into the side of another. These accidents occur at intersections where one driver fails to yield the right-of-way. In Morgantown, T-bone accidents can result in severe injuries, especially to the occupants on the side of the impact.
- Head-On Collisions: Head-on collisions occur when the front ends of two vehicles collide. These accidents are often catastrophic and can result in fatalities or life-altering injuries. In Morgantown, head-on collisions may happen on narrow roads or during overtaking maneuvers.
- Sideswipe Accidents: Sideswipe accidents happen when two parallel vehicles collide along their sides. These types of accidents can occur when one vehicle drifts out of its lane or attempts to change lanes without proper signaling.
- Single-Vehicle Accidents: Single-vehicle accidents involve only one vehicle and can result from various factors such as speeding, weather conditions, or road hazards. In Morgantown, single-vehicle accidents can lead to rollovers, collisions with fixed objects, or running off the road.
- Multi-Vehicle Pileups: Multi-vehicle pileups involve three or more vehicles and often occur on highways or high-speed roads. Factors such as reduced visibility, sudden stops, or distracted driving can contribute to these chain-reaction accidents. In Morgantown, multi-vehicle pileups can result in severe injuries and substantial losses.
What to Do When a Car Crashes Into You
Although being injured in a car crash is an overwhelming experience, your actions after the accident can enhance your wellness and protect your legal rights.
Here’s what to do after a car crashes into you:
Seek Immediate Medical Attention
You should seek immediate medical attention even if you feel fine after a car crashes into you. Some injuries, such as whiplash or internal bleeding, may not show symptoms immediately but can have serious consequences if left untreated.
A healthcare provider can diagnose hidden injuries and initiate a treatment plan. A physician will also generate different medical records, including a doctor’s note, diagnostic report, physician’s bill, or hospitalization documents.
Seeking prompt medical attention can also protect your legal rights. A Morgantown, WV, car accident attorney can use medical records to prove the extent of your injuries and support your claim. On the other hand, an insurer can question the severity of your injury if you delay seeking medical attention.
File a Police Accident Report
You should also alert the local police department after a car crashes into you. In most states, traffic laws require drivers to file a police crash report if the incident meets a certain criterion. For example, drivers in Morgantown, WV must file a crash report if the accident results in:
- Injury
- Death
- Property damage over $1,000
You should also inform the police if a driver crashes into you for the following reasons:
- An Official Record: A police accident report is an official document detailing the facts surrounding the accident. This report includes important information such as the accident’s date, time, and location, as well as the parties involved and any witnesses. A car accident attorney can use the report to negotiate with insurers or to establish liability.
- Investigations: By involving law enforcement, you are increasing the likelihood of a thorough investigation into the circumstances of the accident. The report’s findings can provide an objective analysis in cases where fault may be disputed or liability is unclear.
- Additional Evidence: The documentation can help establish a clear timeline of events and can be used to corroborate your account of the accident. A car accident lawyer can use the report to strengthen your case and improve your chances of receiving fair compensation for any damages or injuries sustained.
Alert Your Insurer About the Crash
You should also alert your insurer if you sustain an injury after someone crashes into you. Many insurance providers require their policyholders to make a notification within a specific timeline after a vehicle crash.
Your underinsurance/uninsured coverage can pay for your injury-related losses if the negligent party has no insurance or a low coverage limit. Alternatively, a car accident lawyer can initiate a lawsuit to obtain a court order that compels the negligent party to pay for your losses.
Most importantly, do not start settlement negotiations without the support of a legal professional. Many insurers like taking advantage of injured victims by making low-settlement offers, hoping they’ll accept and move on without objections.
Consult a Trusted Car Accident Lawyer
You should also speak with a legal professional after someone crashes into you. A car accident attorney will evaluate the circumstances of the crash and determine if you have a legal claim against the negligent party.
All legal claims, including car accident claims, must adhere to the legal timelines and deadlines. For example, the West Virginia statute of limitations requires injured victims to initiate personal injury lawsuits within two years. You can lose your right to compensation if you initiate a car accident lawsuit beyond the two-year timeline. A car accident attorney understands the applicable timelines in your cases and will help initiate a timely claim so you don’t lose your right to compensation.
A car accident lawyer will also give you legal advice so you can make appropriate decisions that protect your legal right to compensation. You can count on a car accident attorney to handle the legal aspects on your behalf as you focus on recovery.
How to Prove an Accident Wasn’t Your Fault
Although you have a legal right to compensation, you must demonstrate how the negligent action of the negligent party contributed to the accident. West Virginia is also an at-fault state, meaning the driver who caused the crash is responsible for injury-related losses.
Therefore, you need evidence so the negligent party doesn’t shift the blame on you. Similarly, the more evidence you have, the higher your chances of receiving a fair settlement offer for your losses.
Here are different sources of evidence to prove the crash wasn’t your fault:
- Police Reports: Official police reports document details of the accident, including statements from involved parties and witnesses, road conditions, weather at the time of the crash, and any citations issued. This report serves as a key piece of evidence in determining fault.
- Eyewitness Statements: Eyewitness testimony can complement other sources of evidence. Statements from individuals who saw the accident occur can provide an unbiased account of what transpired and support your version of events.
- Photographic Evidence: A picture is worth a thousand words, especially in a car accident case. Photos of the accident scene, vehicle damage, skid marks, and road conditions can provide visual proof of how the accident unfolded.
- Medical Records: Medical records detailing your injuries sustained in the accident can link them directly to the collision. These records can demonstrate the extent of your injuries and correlate them with the crash.
- Expert Witness Testimony: An expert witness, such as an accident reconstruction specialist or medical professional, can provide a report to help establish liability. Their testimony can offer valuable insights based on their specialized knowledge.
- Dashboard Camera Footage: If your vehicle is equipped with a dashcam, any footage of the accident can offer a clear and unbiased view of the events leading up to the collision. The evidence in dashcam footage can be instrumental in proving your innocence.
- Vehicle Maintenance Records: Proof of regular vehicle maintenance and inspection records can demonstrate that your vehicle was in good working condition during the accident. A copy of the vehicle maintenance record can refute claims that a mechanical failure caused the crash.
- Cell Phone Records: Cell phone records can reveal whether the other driver was distracted during the accident, such as texting or talking. A car accident lawyer can use cellphone records of the other driver to demonstrate that their inattention on the road contributed to the crash.
- Traffic Camera Footage: If the accident occurred at an intersection monitored by traffic cameras, obtaining footage of the collision from these cameras can provide an objective view of the events leading up to the crash.
- Black Box Data: Some modern vehicles have event data recorders (EDRs) or black boxes that can offer valuable insights into the vehicle’s speed, braking, and other parameters leading up to the accident. Retrieving and analyzing black box data can help recreate the sequence of events.
What Is the Average Settlement for a Car Accident
There is no average value for a car accident, as the outcome depends on the unique facts and circumstances of the injury.
Some of the factors that influence the value of a car accident include:
Severity of an Injury
The severity of your injuries can determine if you’ll receive a higher or a lower settlement value. More severe injuries typically result in higher medical bills, ongoing treatment costs, and possibly long-term disabilities.
As a result, cases involving serious injuries tend to have higher settlement amounts to cover all current and future medical expenses, lost income, and pain and suffering.
Insurance Coverage of the At-Fault Party
The negligent party’s insurance coverage is the source of compensation for the injured victim. The at-fault driver’s insurance policy limit will cap the maximum amount that can be recovered in a settlement.
If the at-fault driver has minimal insurance coverage, it may limit the available funds to compensate for your losses. A car accident attorney can explore other avenues for compensation, such as underinsured motorist coverage or a personal injury lawsuit against the negligent driver.
Legal Representation
Legal representation is a key element that can impact the outcome of your car accident case. A car accident attorney will handle various aspects of your claim, including negotiating with insurers or fighting tirelessly for your rights in court.
A car accident lawyer can help gather evidence, assess the full extent of your damages, and present a strong case on your behalf.
Shared Fault
In Morgantown, WV, the shared fault principle can impact the outcome of a car accident claim. Under this principle, each party involved in the accident may be assigned a percentage of fault based on their contribution to the collision.
This is why you should always hire a car accident attorney. They will investigate the accident and ensure you are not unfairly blamed. It’s risky to proceed without proper representation.
Don’t Face the Aftermath of a Car Crash Alone
You’re likely to endure hefty medical expenses after being injured in a car accident. You may also find it challenging to cater to your family’s financial needs if an injury keeps you out of work for an extended period.
Although you’re entitled to compensation for economic damages, you may face resistance from the insurer of the negligent party. You should therefore speak to a legal professional who can protect your legal rights to compensation. A car accident attorney can use evidence to negotiate with insurers or litigate the case in court for a fair settlement value.
Contact us online or at (304) 594-1800 for legal support after the crash.
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.