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Charleston Car Accident Lawyer

Charleston Car Accident Lawyer

A car accident is a life-altering event. If you sustained serious injuries, are dealing with significant financial losses, or are suffering emotional distress stemming from your crash, DiPiero Simmons McGinley & Bastress, PLLC wants to help. A Charleston car accident lawyer from our law office can meet with you in a free, confidential setting to discuss what happened and whether you have legal grounds to pursue compensation.

Typically, the most effective way to recover compensation for car crash damages is to pursue a personal injury claim against the at-fault driver and their insurer. Insurance companies aren’t in the business of helping accident victims, though. That’s where we come in.

As a law office exclusively dedicated to advocating for injury victims in West Virginia, our personal injury attorneys are intimately familiar with the tricks and tactics that the big auto insurers use to limit liability and deny settlement payouts, and we’re ready to put that knowledge and experience to work for you. There’s no time to wait; the clock is already ticking on your right to take legal action—contact our law office today to schedule a free consultation.

West Virginia Car Crash Statistics

Car crashes injure millions of people every year, accounting for 4.8 million injuries nationwide in 2020 alone. In West Virginia, we are no strangers to serious and deadly crashes. According to the Federal Highway Administration, in 2020, there were:

  • 805 serious accident injuries
  • 267 motor vehicle fatalities
  • 66 deaths for every 100 million vehicle miles traveled (VMT)

The Most Dangerous Road in Charleston

Whether commuting to work, dropping kids off at school, or traveling to class at West Virginia State University, many of us use Charleston’s roadways on a daily basis.

While there is the possibility of being involved in a motor vehicle accident no matter where you are traveling, some roadways present an even greater risk of being hit by another driver. In Charleston, the most dangerous stretch of road is US-60 between I-64 and Richmond Street. A disproportionately high number of car wrecks happen on this stretch of roadway in Charleston.

Causes of Auto Accidents in West Virginia

As part of the Appalachian Region, West Virginia is home to beautiful natural views, soaring mountains, and a culture unlike anywhere else in the United States. Traversing our state can be challenging, though, especially when roads climb and twist around steep, mountainous areas.

Unfortunately, many drivers continue to engage in dangerous, reckless, and aggressive driving behaviors regardless of the weather or driving conditions. A significant number of car accidents that happen here are directly attributable to driver error, an umbrella term that refers to a number of bad behind-the-wheel behaviors. These include:

  • Speeding or driving too fast for conditions
  • Drunk driving
  • Drugged driving
  • Distracted driving
  • Tailgating (following too close)
  • Brake checking
  • Swerving in and out of traffic
  • Failing to stop at stop signs and red lights
  • Drowsy driving
  • Failing to yield the right of way

What Should I Do After a Car Wreck?

What you do after a car accident matters. However, knowing what steps to take in the aftermath of a serious motor vehicle collision is not easy, especially if you are unfamiliar with the legal requirements surrounding a crash. To make matters more complicated, your actions following a wreck can impact your ability to recover compensation in the future.

We want your personal injury case to have the greatest chance of success. For this reason, the Charleston car accident attorneys of DiPiero Simmons McGinley & Bastress, PLLC recommend taking the following steps after a car accident.

  • Call 911 and report the accident. West Virginia state law requires you to report a car accident any time that injuries, death, or $1,000 in property damages occur. If you’re unsure whether your collision warrants calling the police, err on the side of caution and call anyway.
  • Exchange information with all involved drivers. Provide your name, contact information, driver’s license number, and insurance information to the other drivers involved in the wreck. If the other driver seems reluctant to share their information with you, ask the responding police officer to help facilitate the exchange of information.
  • Take pictures and videos of the accident scene. Evidence disappears quickly after a car accident. You can do your part to preserve this evidence by using your phone’s camera to capture pictures and videos of the accident scene, including damage to vehicles, weather and road conditions, and any injuries that are immediately apparent.
  • Seek medical attention. Your health and safety should be your number one priority. If you need immediate medical attention, allow yourself to be transported to the emergency room by ambulance or go there by yourself right away. You can also receive appropriate medical care with your primary care doctor or at an urgent care facility.
  • Speak with a car accident lawyer. A personal injury lawyer with a background in handling car accident cases can explain your legal options following a serious wreck. At DiPiero Simmons McGinley & Bastress, PLLC, we offer free case evaluations to injury victims.

Don’t worry if you were unable to complete all or even most of the above steps. When you decide to hire a West Virginia car accident attorney, you’ll have the backing of a competent legal team who will handle your claim with compassion and expertise.

What Does a Charleston Car Accident Lawyer Do?

The insurance company is promising to pay you a fair settlement, so why bother with bringing a lawyer into the mix?

The insurance company isn’t on your side. A lawyer is.

Big auto insurers maximize profits by lowering settlements and even denying compensation to car accident victims. As car accident attorneys, we don’t let that happen.

Our role as your legal team is to provide constant and unrivaled advocacy, standing up to the insurance company when they try to limit your compensation. This is a duty we take seriously. When you choose to hire the personal injury lawyers of DiPiero Simmons McGinley & Bastress, PLLC as your legal representatives, you can expect that we will:

  • We rely on a number of evidence sources to conduct a full and accurate investigation into your accident, including dash cam or security footage of the accident, eyewitness statements, cell phone records, and more.
  • Determine liability. The results of our investigation will paint a clear picture of liability. Potentially liable parties in an accident include the driver who hit you, their employer, other drivers, and auto parts manufacturers.
  • Value the worth of your claim. How much will you need to cover the cost of future medical care? What if you can’t work in the same capacity and have to take a lower-paying job? Correctly calculating the value of your personal injury claim is key to your future financial security.
  • Deal with the insurance company. Insurance adjusters can seem friendly, but don’t forget who they work for—the insurance company. Any minor misstep while speaking with an adjuster can have unfavorable results on your claim. When we work with injury clients, we deal with the insurance company so they can focus on their own health and recovery.
  • Negotiate a full and fair settlement. As bills pile up and your paychecks stop coming, we know how tempting it can be to accept the first settlement offer. This first initial offer is never what you are fairly owed, and we pursue out-of-court negotiations with the insurance company until we are confident that you are receiving the best possible offer.
  • Represent you in court. Most car accident claims are settled outside of a courtroom. However, in a small number of cases, it may be necessary to proceed to trial in order to secure fair compensation.

All of the above actions require an intimate understanding of West Virginia personal injury law. Please contact our Charleston, WV law office at your earliest convenience to schedule your free consultation.

Types of Crash Claims We Handle

Our law office is equipped to handle insurance injury claims involving a wide range of car accidents. This includes some of the most common types of car accidents:

  • Rear-end collisions
  • Head-on collisions
  • Sideswipe accidents
  • T-bone accidents
  • Rollover accidents
  • Lane change accidents
  • Intersection accidents

Don’t worry if you don’t see your exact type of collision listed above. Our extensive experience working with car accident victims in Charleston, Kanawha County, and the surrounding areas has given us a unique insight into what makes a successful insurance claim.

Common Injuries

A serious auto accident can leave you with debilitating injuries, preventing you from working, paying your bills, and providing for your family. If you’ve suffered any of the following common car accident injuries, we urge you to reach out to our law office to learn about your legal options for recovering compensation:

  • Broken bones
  • Head injuries
  • Traumatic brain injuries (TBIs)
  • Whiplash
  • Neck injuries
  • Shoulder injuries
  • Back injuries
  • Chest injuries
  • Cuts and lacerations
  • Organ damage
  • Soft tissue damage
  • Jaw and dental injuries

Not all injuries are visible. Emotional distress, mental anguish, and post-traumatic stress disorder (PTSD) are not at all uncommon among those who have been involved in an accident.

Medical Treatment for Crash Victims

Medical care will vary based on the type, extent, and severity of an injury. Types of medical treatment that may be required after suffering a car accident injury include:

  • Surgery
  • Physical therapy
  • Imaging tests, including X-rays, CT scans, and MRIs
  • Casts and slings to stabilize a limb
  • Chiropractic care
  • Medications
  • Therapy and psychiatric services

No two people will experience a car crash injury in exactly the same way. It is our job as attorneys to ensure that every car accident victim we work with receives the compensation they need to cover related medical expenses.

Compensation for Victims Injured in Car Accidents

If you were injured in a car accident because of the negligent actions of another driver, West Virginia civil law affords you the right to recover compensation for your accident-related damages. This encompasses both economic and non-economic damages, which refer to the financial and non-financial losses that you’ve suffered.

Economic Damages

You got hurt, and now you can’t work. Medical bills for your injuries are piling up. Your savings account is depleted, and you’re not sure where to turn for help. In a personal injury claim, economic damages are intended to address these types of financial losses. Your attorney will advise you of the specific damages you are owed compensation for, which may include:

  • Lost income
  • Past, current, and future medical expenses
  • Assistive medical devices
  • Property damage and auto repairs
  • The cost of replacing your vehicle
  • The cost of domestic services, like in-home nursing and cleaning services
  • The cost of renovating your home to accommodate a new disability

Noneconomic Damages

Financial losses were not the only way the car crash impacted your life. Noneconomic damages seek to compensate you for your non-monetary losses, such as:

  • Lasting pain and suffering
  • Mental anguish and emotional trauma
  • Loss of enjoyment in life
  • Disfigurement

Punitive Damages

Punitive damages are not used to compensate a car accident victim for any specific type of loss. Instead, they are a punishment tool leveraged by a judge or jury to discourage the at-fault party from engaging in similar behavior in the future. Punitive damages are relatively rare in West Virginia car accident cases and are only awarded in cases involving “a conscious, reckless and outrageous indifference to the health, safety and welfare of others.” Section 55-7-29 of the West Virginia civil code limits these damages to $500,000.

Find a Lawyer Who Will Fight for You

At DiPiero Simmons McGinley & Bastress, PLLC, we have built our careers on a foundation of helping injury victims obtain the compensation and sense of justice they are owed. If given a chance, we would be proud to put our 150 years of combined experience to work for you.

Our attorneys provide no-cost, no-obligation consultations to those who have been injured by another person’s negligence. For an opportunity to speak one-on-one with a Charleston car accident lawyer, call our law office or fill out our convenient online form.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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