The challenges of recovering from a motor vehicle collision can be compounded when negligence from another driver was the cause of the accident. In those scenarios, it’s time to seek the help of an experienced Charleston car accident lawyer.
When you reach out to DiPiero Simmons McGinley & Bastress, PLLC, you’ll have a legal advocate who will find a fair and fast resolution for our clients. We want to help you move on with your life, beginning with a consultation to discuss your accident.
Common Causes of Accidents in Charleston
Charleston, West Virginia, offers scenic views, a blend of historic charm and modern development, and a network of busy roadways. Interstates like I-64 and I-77 connect the city to surrounding regions, while local roads wind through hills, rivers, and neighborhoods.
Car accidents in Charleston can happen for many reasons, but some causes come up more often than others.
Distracted Driving
One of the leading causes of car accidents in Charleston, as in many parts of the country, is distracted driving. Drivers today often divide their attention between the road and their phones, music systems, food, or even conversations with passengers.
Glancing down for just a second on a winding road or at a congested intersection can have serious consequences.
In Charleston, where many roads curve or narrow unexpectedly, distractions make responding quickly to a changing traffic pattern or sudden stop even harder.
Speeding on Hilly and Curvy Roads
Speeding is another factor that contributes heavily to accidents in and around Charleston.
While the city has its fair share of major highways, many areas are built around hills and sharp turns. Drivers who ignore posted speed limits or accelerate to beat traffic lights often misjudge the curves and slopes. This makes it harder to stop in time or control a vehicle when weather or road conditions change.
Accidents that involve excessive speed tend to cause more severe injuries and often involve multiple vehicles.
Weather-Related Road Conditions
Charleston’s weather is unpredictable, especially during winter and spring. Rain, fog, snow, and ice can all make roads treacherous. Black ice on bridges, sudden downpours that create slick conditions, and fog that limits visibility all raise the risk of accidents.
While most drivers try to adjust their speed during storms, not everyone reacts appropriately to these conditions. Even a cautious driver can get caught in a crash caused by someone going too fast for the weather.
Impaired Driving
Despite public awareness campaigns and strict laws, impaired driving still contributes to a significant number of car accidents in Charleston.
Alcohol and drugs can impair judgment, slow reaction times, and affect coordination. Some crashes occur late at night, while others happen in broad daylight. In either case, impaired drivers create serious danger for everyone else on the road, and their actions often result in life-altering consequences for others.
Failure to Yield and Running Red Lights
Intersections throughout Charleston see a steady stream of collisions, often caused by drivers who run red lights or fail to yield the right of way.
Whether at a busy downtown intersection or a suburban four-way stop, drivers sometimes take chances instead of waiting their turn. These decisions frequently result in T-bone or side-impact collisions, which tend to be more dangerous than other types of crashes.
Staying Safe Starts with Awareness
While Charleston offers plenty to enjoy, navigating its roads safely requires attention and patience. Whether you’re a local or just passing through, understanding the common causes of car accidents can help you avoid the most frequent pitfalls.
And, if an accident does happen, knowing what contributed to the crash is the first step in determining who may be at fault and how to move forward.
What You Should Avoid After an Accident
In the aftermath of your accident, you should not admit to any fault in the accident. You also should not apologize because that could be taken as an admission of guilt. Here are some other things you should avoid to help you find a good resolution:
Guessing What Happened
When the police show up, they will create a report based on the information they collect at the scene. They will ask for your version of events. You don’t want to guess or assume facts. You just want to present what you saw and what you experienced.
Not Seeing a Doctor
You must see a doctor immediately after your accident, even if you’re not experiencing any symptoms.
Your doctor can conduct tests to confirm if there is an underlying injury.
Not Following Doctor’s Orders
If you are injured in an accident, you need to follow your doctor’s orders for recovery.
For instance, if your doctor prescribes that you attend ten physical therapy sessions, you need to attend all ten sessions even if you start feeling better after six sessions. If you don’t follow your doctor’s orders, it could be used against you.
In other words, you might not be able to claim you’re in pain if you haven’t taken all the opportunities to recover.
Why You Need an Attorney for Your Car Accident Claim
In their commercials, insurance companies are happy to promote how helpful they are to policyholders and that they bring “peace of mind.”
The reality is that many insurance companies are resistant to paying claimants’ benefits. They’ll often offer lowball settlements or deny a claim outright. That’s why you need a Charleston car accident lawyer who will be a strong advocate for your claim.
Here are some of the tasks we can take care of as part of your accident claim:
Conduct a Thorough Investigation
If we accept your case, we will conduct a thorough investigation and evaluate any available evidence. The goal is to support your version of events and establish who was at fault in the accident.
Establish Fault
Along with helping negotiate with insurers, we can assist with establishing fault. West Virginia law has a modified comparative fault standard when it comes to assigning liability in an accident. That means a percentage can be assigned to both drivers involved in an accident. You must be found to be less than 50% at fault to receive damages.
Establishing negligence can help shift the comparative fault. Here are some of the reasons why a driver might be found 100% at fault in an accident:
- Speeding
- Driving under the influence of alcohol or drugs
- Failure to yield
- Improper lane change
- Reckless or careless driving
- Distracted driving
- Failure to obey traffic signals/signs
Document Your Damages
It is easy to calculate the damage to your car. That will be based on prices established by reputable sites, such as the Kelly Blue Book. The value of a vehicle is the depreciated value at the time of the accident, not what you paid for the car. That is just one component of all the damages you would be due in your Charleston car accident claim.
Additionally, we’ll help calculate all your economic and non-economic damages.
Write a Strong Demand Letter
When you file a claim with an insurance company, they will assign you an adjuster to assess your damages. Too often, those adjusters get the numbers wrong. When we represent you, we’ll generate a demand letter to the insurance company that details the accident based on the evidence and the damages based on our calculations. That will get the negotiations started in earnest.
Advocate for a Settlement
We will advocate for a settlement after the insurance company reviews the demand letter. That could require several rounds of offers and counter offers. Through this entire process, we will handle all the communications and keep you informed of every discussion.
Filing a Lawsuit
If the negotiations with the insurance company hit an impasse, the other option might be to file a personal injury lawsuit with the West Virginia Courts. When that happens, we will be fully prepared to present your claim to a jury and aggressively argue on your behalf. We’ll also continue negotiating with the insurance company to come to that resolution.
All of that support begins with your first free consultation with our firm. The sooner we get involved, the quicker we can help you find a resolution.
How Much Compensation Can You Recover?
Many factors determine how much compensation you can recover as a result of your car accident. Here are the factors we will consider as we seek out your compensation:
- The severity of your injuries
- Cost of medical treatment
- Lost wages and future earning potential (if applicable)
- Car repairs and rental
- All other out-of-pocket expenses related to the accident
In addition to those tangible costs, the intangible aspects of your car accident aftermath should also be considered. These would be the aspects of your life that have been directly impacted by the accident, such as dealing with ongoing pain and being prevented from enjoying your life like you did before the accident.
After you notify your insurance company about the accident, you should turn over all further communication to your attorney. You don’t want to get into a situation where you’re agreeing to a settlement without having it thoroughly reviewed by a qualified attorney.
You only have one chance to settle. Once you agree, you can’t go back for additional funds.
Find a Charleston Car Accident Lawyer Who Will Fight for You
At DiPiero Simmons McGinley & Bastress, PLLC, we make it a priority to help our clients feel at ease.
We understand the stress that an accident can cause you and your family. You’ll find great relief knowing we’re fighting to get what you deserve. We’ll keep you informed every step of the way through the claims process, settlement negotiations, and trial preparation.
Contact us today to schedule a free consultation.
Our Charleston car accident lawyers are standing by to hear what happened.
