Car accidents can cause instant and severe injuries to survivors. You may also experience confusion and shock after going through such a traumatic event. Knowing what to do after a car accident in West Virginia can preserve your physical safety and legal rights.
Why Choose Us?
The team at Hansberry & Wagoner, PLLC, knows how challenging life can become after suffering a car accident. Our attorneys have over 30 years of combined professional experience in helping West Virginia residents get through their most difficult times in life.
During your case, you work directly with our attorneys, Edmund Wagoner or Matt Hansberry. With a strong background in defense, our partners understand how the other side may operate during your case, and they are disinclined to back down from a tough case.
Steps to Take After a Car Accident in West Virginia
In 2023, across the United States, 40,990 people passed away because of a motor vehicle accident. In 2024, there were 255 fatalities due to car crashes across West Virginia. To keep you safe after a car accident,you should:
Call 911
Contact emergency services to report the crash and request medical attention. Even if you feel fine, certain injuries may take a while to present symptoms. Having your physical status officially documented is vital for your future case.
Document the Vehicle Information
Take photos of the other driver’s car and license plate number. This is essential, as they may attempt to flee the scene.
Collect Insurance and Contact Information
You need to exchange insurance and contact information with the other driver or drivers involved in the accident. If they refuse to give you their information or speak with you, don’t try to persuade them. It may cause an argument, which could potentially make them not want to cooperate during your legal case.
If they don’t cooperate during your case, it can make it more difficult to secure a successful outcome. Instead, wait calmly and quietly until law enforcement arrives on site. Explain things to them, and they can collect the information for you.
Get Eyewitnesses’ Contact Information
Collect the contact information of any eyewitnesses. Your attorney can reach out to them during the evidence collection phase of your case to record their official statement. While at the accident site, don’t admit that the accident was your fault or apologize. Doing so can negatively impact your case.
Record the Details of the Accident Scene
Take photos and videos of:
- The position of the vehicles
- Skid marks
- Property damage caused by the crash
- Your injuries
- Damage to your car and other personal belongings
Consult an Attorney
Hire a car accident lawyer to start your legal case. In West Virginia, victims of car accidents generally have two years to file their claim.
West Virginia Car Accident Laws
During your car accident case, West Virginia courts use a modified comparative fault system to determine who was at fault for the crash. To do this, authorities review the evidence provided by all parties involved and assign everyone a percentage of fault based on this evidence.
Even if you are partially at fault for the incident, you can still recover compensation, but it is reduced by your personal percentage of fault. For example:
- If you were speeding right before the accident, you may be assigned 30% of the fault for the crash.
- If the driver who hit you was driving while under the influence of drugs, they may be assigned 70% of the fault.
- If you were awarded $100,000, it would be reduced by 30%, making your final compensation amount $70,000.
If multiple drivers were involved in the crash, and the court finds them to be guilty of causing the accident, they would have to pay the final compensation based on their personal percentage of fault.
This system can hold the responsible parties accountable for their actions while making them pay for only what they were personally guilty of doing.
FAQs
What Can a West Virginia Car Accident Attorney Do for Me?
A skilled West Virginia car accident attorney can help you at every stage of your legal case.They can:
- Listen to the details of what happened during the accident.
- Explain the most favorable options for you.
- Gather evidence relevant to your case.
- Represent you during insurance and negotiation meetings.
- Represent your interests during trial if needed.
Having a lawyer with experience in car accident cases is necessary to provide you with the protection you need during your case.
What Damages Can I Request in My West Virginia Car Accident Case?
You can request two main types of damages in your West Virginia car accident case: economic and non-economic damages. Economic damages are financial losses, including past and future medical bills, lost income, and damage to the vehicle and other personal items. Non-economic damages are nonfinancial losses, such as pain and suffering. These two types of damages typically don’t have a limit on the amount you can request.
Can I Request Punitive Damages in My Car Accident Claim?
You may request punitive damages in your car accident claim if you can provide substantial proof that the responsible party acted with extreme malice or negligence during the crash. For example, if the driver intentionally hit you, the court may make them pay punitive damages on top of regular damages. Punitive damages cannot be more than $500,000 or four times the amount of regular damages, whichever amount is greater.
Can I Speak With Insurance Companies Without a Lawyer?
You can speak to insurance companies without a lawyer, but exercise caution if you do. If you admit fault or say the wrong thing, it could be detrimental to your case. Only offer basic facts about the crash, such as the date and time it occurred and the names of the drivers involved. Have your lawyer present if you need to answer questions under oath or make a recorded statement.
Hire a Car Accident Lawyer With Over Three Decades of Combined Experience
In the aftermath of a car accident, you need a strong advocate to seek a brighter future. Reach out to Hansberry & Wagoner, PLLC, today to learn how our experienced personal injury attorneys can represent your interests.
