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What Is the Statute of Limitations for Car Accident Claims in West Virginia?

Published on Jul 16, 2024 at 3:53 pm in Car Accidents.

After you have been injured in a car accident, you might think that you have plenty of time to file a claim. Unfortunately, that is not true. There is a time limit to take legal action, and if you miss that deadline, you could lose your opportunity to seek compensation for your medical bills, lost wages, and pain and suffering.

At DiPiero Simmons McGinley & Bastress, PLLC, we understand these deadlines. For that reason, we always ensure that our clients don’t lose out on much-needed compensation for their cases.

If you would like to learn what is the statute of limitations for car accident claims in West Virginia, let’s take a closer look at the law.

How To Handle Drivers With Road Rage

Published on Jun 25, 2024 at 2:56 pm in Car Accidents.


Everyone gets frustrated on the road. But what happens when that turns into road rage? We have all heard stories about angry drivers causing havoc on the streets. Is there a way to de-escalate the situation so you don’t end up in an accident?

Our lawyers at DiPiero Simmons McGinley & Bastress, PLLC, have handled many car, truck, and motorcycle accident cases over the years. Most of the time, the fault is due to another driver’s actions.

When it comes to dealing with an aggressive driver, do you really know how to handle drivers with road rage? Here are a few tips to help avoid a potentially dangerous situation.

Proving a Permanent Injury Related to a Car Accident

Published on May 21, 2024 at 4:49 pm in Car Accidents.

Proving a permanent injury related to a car accident

Unfortunately, when someone suffers from a permanently disabling injury, it can mean a lifetime of agony. When a car accident is the direct cause of these injuries, the victim can pursue a lawsuit, but the responsibility for proving a permanent injury related to a car accident is yours alone.

How do you prove that a permanent injury is related to a car accident? At DiPiero Simmons McGinley & Bastress, PLLC, we have spent years helping our clients establish these facts in their cases.

If you have been injured and suffered a permanent injury, there are several ways to connect your physical condition to the accident.

What Not To Say to an Insurance Adjuster

Published on Mar 26, 2024 at 2:44 pm in Car Accidents.

About 95% of personal injury cases are settled out of court. One of the first steps in this process is talking to an insurance adjuster. These individuals will investigate the incident and reach a conclusion based on the evidence, including what you say to them.

When filing insurance claims, effective communication with the insurance adjuster can be the key to a successful claim. However, certain phrases can hinder the claims process and lead to delays or even denials.

You need to be mindful of what you say during your interactions with the adjuster to avoid making statements that could negatively impact your claim. Let’s take a closer look at some phrases you should avoid saying, along with examples of why they can be problematic.

How Often Do You Need To Have Your Vehicle Inspected in West Virginia?

Published on Mar 20, 2024 at 5:41 pm in Car Accidents.

How often do you need to have your vehicle inspected in West Virginia

When you have a car, whether paid in full, lease-to-own, or anything in between, you’re required in every state to have it properly registered and get it inspected by a licensed state inspector. While most states have yearly inspection requirements, each state is different.

According to West Virginia law, all vehicles, including motorcycles, trailers, semi-trailers, and pole trailers registered in the Mountain State or displaying a temporary registration plate, are required to be registered and must be inspected and a valid inspection sticker or tag placed in clear view on the vehicle.

What Counts as a Hands-Free Device in West Virginia?

Published on Mar 5, 2024 at 3:52 pm in Car Accidents.

What counts as a hands-free device in West Virginia

As someone navigating the roadways here in the Mountain State, you’ve likely heard that using hands-free devices is permitted among drivers here. However, what type of technology actually falls into this category?

Below, we’ll share what counts as a hands-free device in West Virginia so that you can make sure you don’t end up on the wrong side of the law or become involved in a distracted driving crash.

How Often Should Windshield Wipers Be Replaced?

Published on Jan 30, 2024 at 4:02 pm in Car Accidents.

How Often Should Windshield Wipers Be Replaced?

Windshield wipers might not seem that important, especially in comparison to other auto parts like seat belts, brakes, and engines. But without properly functioning wipers, it can be hard to operate your vehicle safely. Understanding the basics of windshield wiper maintenance can help you protect yourself from accidents and related legal actions.

How Often Should You Change the Oil in Your Vehicle?

Published on Jan 29, 2024 at 3:41 pm in Car Accidents.

How Often Should You Change the Oil in Your Vehicle

The oil inside of your car’s engine plays a vital role in keeping metal parts lubricated, which prevents them from rubbing against each other. However, over time, engine oil will break down and transform from a smooth liquid into a thick gooey mess. If you don’t change the oil on a regular basis, it can clog the engine and increase the risk of serious damage to your vehicle.

How Often Should Engine Oil Be Changed?

You may have heard that you’re supposed to change your engine’s oil every 3,000 miles. However, that is largely outdated advice that only serves to help your local service station make more money. Generally speaking, you can go at least 5,000 miles before you need an oil change. Your owner’s manual will likely mention how often the oil should be changed as part of an overall vehicle maintenance schedule.

How Long Do You Have To Report a Car Accident in West Virginia?

Published on Jan 9, 2024 at 5:51 pm in Car Accidents.

How Long Do You Have To Report a Car Accident in West Virginia

As you’re well aware, auto accidents can take on many shapes and forms. As a passenger car operator, you can become involved in crashes with pedestrians and then different vehicles like bicycles, motorcycles, and trucks. You can even become involved in a single-car accident. And then these crashes may result in no property damage or injuries at all, or cause catastrophic injuries (including death). If you were involved in a crash while driving here in Charleston or elsewhere in our state, it’s only natural to wonder how long you have to report a car accident in West Virginia. Our firm, DiPiero Simmons McGinley & Bastress, PLLC, shares what you need to know so you minimize your chances of ending up on the wrong side of the law.

Child Seat Belt Laws in West Virginia

Published on Nov 17, 2023 at 7:43 pm in Car Accidents.

Child Seat Belt Laws in West Virginia
As a parent of a child, you don’t likely need any reminding that there are requirements in place for restraining your child when you’re transporting them in an automobile. And, it’s likely that you understand that such laws exist for good reason. However, if you’re a first-time parent or new to West Virginia, or perhaps an occasional caregiver, you may be unaware of the ins and outs of child seat belt laws in West Virginia.

Below, our lawyers at DiPiero Simmons McGinley & Bastress, PLLC share what you should know about ages, weights, placement in the vehicle, and many other factors that dictate how and when a child must be restrained by a seat belt when traveling on our state’s roadways. So, continue reading what these requirements are to not only minimize the chances of receiving a citation but, more importantly, unnecessarily avoid endangering the life of a minor.