Highway accidents are a serious issue in Charleston with far-reaching consequences. If you or a loved one has been injured, our Charleston Highway Accident Attorney will fight for the compensation you deserve. To arrange a free consultation today, call (681) 641-2280 or message us online today.
Common Types of Highway Accidents
Highway accidents in Charleston, WV, often involve a variety of vehicles, each posing unique risks:
- Passenger Cars: These are the most common vehicles, with occupants vulnerable in collisions with larger vehicles.
- Commercial Trucks: Large trucks cause severe accidents due to their size and longer stopping distances.
- Motorcycles: Motorcyclists face high risks of severe injury due to limited protection.
- Buses: Crashes involving buses can result in multiple injuries due to the number of passengers.
- Emergency Vehicles: High-speed responses can lead to accidents, especially if other drivers fail to yield.
- SUVs and Pickups: These vehicles are prone to rollovers and cause significant damage in collisions.
Common Causes of Highway Accidents
Several factors commonly contribute to highway accidents in Charleston:
Speeding
Exceeding speed limits reduces reaction time and increases the severity of collisions.
Activities such as texting, eating, or adjusting the radio divert attention from the road, leading to accidents.
Impairment from alcohol or drugs significantly impairs judgment and reaction times, leading to serious accidents.
Weather Conditions
Rain, fog, and ice can make roads slippery and reduce visibility, increasing the likelihood of accidents.
Reckless Driving
Aggressive behaviors like tailgating, improper lane changes, and road rage contribute to collisions.
West Virginia Laws Related to Highway Accidents
West Virginia has specific laws governing highway accident claims that impact how victims can seek compensation:
Comparative Fault
West Virginia follows a modified comparative fault rule (§55-7-13a). A victim can recover damages as long as they are 50% or less at fault for the accident. However, their compensation is reduced by their percentage of fault.
Statute of Limitations
Under West Virginia Code §55-2-12, victims have two years from the date of the accident to file a personal injury or property damage claim. Failing to meet this deadline typically bars the claim.
Mandatory Insurance Coverage
State law (§17D-4-2) requires all drivers to carry minimum liability insurance:
- $25,000 for bodily injury per person.
- $50,000 for bodily injury per accident.
- $25,000 for property damage.
Drivers must also carry uninsured motorist coverage in the same amounts.
Highway Accident Liability in West Virginia
Liability for highway accidents in West Virginia depends on the circumstances of the crash. Commonly liable parties include:
- Negligent drivers who cause accidents through actions like speeding, distracted driving, or impaired driving.
- Commercial entities, such as trucking companies, if poor vehicle maintenance or driver fatigue contributed to the accident.
- Government entities may share liability if hazardous road conditions, such as poor maintenance or inadequate signage, played a role.
How a Charleston Highway Accident Lawyer Can Help After an Accident
Hiring a Charleston, West Virginia highway accident lawyer after a highway accident in Charleston can provide numerous benefits:
Determining Liability
Lawyers gather and analyze evidence to establish fault, which is essential in a comparative negligence state where your compensation can be affected by your degree of fault.
Navigating Legal Procedures
A Charleston, WV highway accident attorney will guide you through the claims process and ensure paperwork is filed correctly and deadlines are met.
Negotiating with Insurance Companies
Charleston personal injury attorneys advocate on your behalf to secure fair compensation, countering tactics that insurers may use to minimize payouts.
Representing in Court
If a fair settlement isn’t achievable, a Charleston highway accident lawyer can file a lawsuit and represent you in court, to maximize your compensation.
Contact Us Today
Navigating the aftermath of a highway accident can be overwhelming. Our Charleston Highway Accident Lawyer can offer clarity on your rights and options, helping you make informed decisions. Arrange a free consultation today by calling (681) 641-2280 or messaging us online.