Two cars that have been totaled at an accident scene on a road.

How Is Fault Determined After a Car Accident in West Virginia?

If you were recently injured in a car accident in West Virginia, you may be overwhelmed and uncertain about what steps to take next. One step you should take as soon as possible is to figure out who is at fault for the wreck. Determining who is at fault after an injury-causing accident can be complicated and feel burdensome on top of dealing with insurance companies and medical treatment.

The experienced attorneys at Katz, Kantor, Stonestreet & Buckner, PLLC have worked with many clients involved in similar situations. In this post, we will show you how fault is determined following a car accident in West Virginia, so that you can be better prepared to handle the process if you or a loved one is injured in a car accident because of someone else’s negligence.

What Is the Legal Definition of Negligence in West Virginia Car Accidents?

In West Virginia, negligence in car accidents is legally defined as the failure to exercise reasonable care while driving. This can include actions, such as:

  • Speeding
  • Distracted driving
  • Driving under the influence (DUI)
  • Disregarding traffic laws

Negligence can also be determined by other factors, such as weather or road conditions.

Factors That Determine Fault in a Car Accident

Car accidents can cause serious injuries, fatalities, and extensive property damage. Determining fault in a car accident is not always straightforward, and there are several factors that come into play. These factors include:

  • The rules of the road
  • The severity of the collision
  • Eyewitness accounts
  • Police reports
  • The presence of any contributing factors, such as distracted driving or drunk driving

Insurance companies, police officers, and attorneys use these factors to determine who is at fault in a car accident.

What Evidence Can Be Used to Prove Fault After a Car Accident in West Virginia?

In West Virginia, evidence gathered at the scene of a car accident is crucial in determining who is at fault. Evidence that can be used to prove fault after a car accident in West Virginia includes:

  • Physical evidence (tire marks, vehicle debris, and damage to the cars involved)
  • Eyewitness testimony
  • Police reports and traffic camera footage

It is important to gather as much evidence as possible to support your case, especially if you believe that the other driver was at fault.

When Can Someone Recover Damages from Another Driver After a Car Accident in West Virginia?

After a car accident, individuals who have been injured may wonder when they can recover damages from the person or entity responsible for the wreck. To recover damages, the injured party must prove that the other person or entity was negligent and that their negligence caused the accident. Negligence can take many forms, including:

  • Failure to yield the right of way
  • Distracted driving
  • Driving under the influence of drugs or alcohol

Contact Our Dedicated Legal Team for a Free, No-Obligation Consultation

A car accident can be a harrowing experience, leaving you with both physical and emotional wounds. In West Virginia, the laws surrounding car accidents can be complicated, and an attorney can guide you through the process.

At Katz, Kantor, Stonestreet & Buckner, PLLC, our experienced car accident attorneys can help you understand your rights and responsibilities and ensure that you’re able to hold the person or entity at fault for your accident and injuries accountable. While it's natural to feel overwhelmed after an accident, remember that you don't have to go through it alone. With our help, you can focus on your recovery while we handle the complexities of your case.

Give us a call at (304) 713-2014 or contact us online today to schedule a free consultation with our experienced car accident lawyers in Princeton, WV. To learn more about Katz, Kantor, Stonestreet & Buckner, PLLC, check out our clients’ reviews and our case results.


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