West Virginia is home to plenty of roads throughout its urban and rural areas. Whether you are enjoying the state’s scenic beauty or heading off to work, you could be involved in an accident, which can turn your life upside down.
Car accidents can be a traumatic experience, leaving you with serious injuries, financial losses, and emotional distress. In these difficult times, you need the right support and guidance to help you get back on your feet.
The Charleston car accident lawyers at DiPiero Simmons McGinley & Bastress, PLLC, are ready to help.
Our team offers a confidential, no-cost consultation to discuss your situation and explore your potential legal avenues. You can count on us to provide personalized attention and support every step of the way.
Remember, you don’t have to face the aftermath of a car accident alone. Let us help you navigate the legal process with confidence and ease. Get in touch with a Charleston, WV, car accident lawyer to schedule your free consultation. We’ll be there for you every step of the way.
What Types of Car Accident Cases Do We Handle in Charleston?
At DiPiero Simmons McGinley & Bastress, PLLC, we have a team of experienced attorneys who specialize in handling insurance injury claims arising from a wide range of car accidents. We understand the physical, emotional, and financial toll that a car accident can take on a person’s life.
Unfortunately, even fatalities are a direct result of these accidents. According to the latest data released by the Insurance Institute for Highway Safety, West Virginia has recorded 257 fatal motor vehicle accidents in 2021. This translates to a rate of 15.7 fatal accidents per 100,000 population.
Of these accidents, 29% involved cars, while the remaining 71% were attributed to other types of vehicles, like SUVs or trucks. Additionally, 44% of the accidents were multiple-vehicle collisions.
In many of these situations, the other driver’s fault has caused an accident. Some of these behaviors often include:
- Speeding: One of the most common reasons for an accident. In 2021, speed contributed to 29% of all traffic fatalities.
- Distracted driving: Drivers who don’t pay attention to the road due to texting, talking, or other distractions are dangerous.
- Driving under the influence: Anyone consuming drugs or alcohol and getting behind the wheel will have impaired reaction times, judgment, and coordination.
- Running stop signs and lights: Sometimes, drivers ignore traffic signs and signals, leading to collisions.
- Fatigued driving: Like driving under the influence, tired driving is another accident-related factor due to impaired reaction time and concentration.
When other drivers do not engage in safe practices, it can lead to accidents. Car accident victims can experience significant injuries ranging from minor scrapes to life-threatening injuries. Often, these incidents result in extensive medical bills, lost wages, and property damage.
At DiPiero Simmons McGinley & Bastress, PLLC, we understand the challenges of these claims. Our team has successfully handled cases involving:
- Rear-end collisions
- Head-on collisions
- Sideswipe accidents
- T-bone accidents
- Rollover accidents
- Lane change accidents
- Intersection accidents
Even if you haven’t been involved in the above types of accidents, you may still have a case. You will want to reach out to our experienced Charleston, WV car accident lawyers to learn more about your legal options.
Understanding West Virginia’s Car Accident Laws
If you are considering filing a lawsuit in West Virginia, you will want to understand a few of these essential laws related to car accidents.
A fault-based system governs these accidents. What does that mean? The driver deemed to be at fault for the accident is responsible for compensating the injured party. So, if you are injured in a car accident, you have the right to seek compensation from the negligent driver or their insurance company.
This compensation may cover a range of expenses, including medical bills, lost wages, and property damage. Keep in mind that fault is not always clear-cut. For that reason, you will want to work with an experienced attorney to determine who is truly responsible for the accident.
West Virginia follows a modified comparative negligence rule when it comes to accidents. This means that if you’re involved in an accident and found to be partially at fault, your compensation may be reduced. For example, if you are 35% at fault, then your damages award will be reduced by that percentage. However, if you’re found to be more than 50% at fault, you may not recover any damages.
The statute of limitations for car accidents in West Virginia is another factor to consider for your case.
This time limit dictates the deadline for legal action. You have two years from the car accident date to file a lawsuit. The clock starts from the date of the accident.
However, there are some exceptions. For example, if the injured individual is a minor, they must file a lawsuit two years from their 18th birthday. Additionally, if the injured individual has a legal disability and cannot exercise their legal rights, they have two years from the date capacity is regained to file a lawsuit.
If you are ever involved in an accident that leads to injury, death, or property damage exceeding $500, you must report it to law enforcement within 10 days. This requirement is mandated by law. Failure to comply may result in serious penalties.
Reporting the accident can help protect your legal rights in case you need to file a claim for damages or injuries. If you are in this situation, please report the accident to law enforcement as soon as possible.
How Much Is My Charleston, WV Car Accident Case Worth?
If you have been involved in a car accident in West Virginia, determining the value of your claim can be a complex process. Your award will depend on several factors. The severity of your injuries plays a major role in these cases. Minor injuries may result in lower compensation. On the other hand, broken bones, burns, or disabilities can lead to bigger payouts.
The amount of medical treatment required also affects the claim value. When filing a claim, you will need to consider your past and future healthcare costs to claim a fair amount of compensation.
Compensation for income lost due to the accident is also essential to your case. If you are unable to work due to injuries, this becomes vital to your case’s worth.
Pain, suffering, and other non-economic damages related to physical and emotional distress are also considered while determining the claim value. You should also consider how the accident affected your daily life, relationships, and overall well-being.
When you work with a skilled and experienced Charleston, WV, car accident lawyer, they can make sure you receive fair compensation.
When to Hire a Lawyer After a Car Accident
Many people want to know when to hire an attorney for their accident case—the answer is the sooner, the better. When you start working with a car accident lawyer, they can begin collecting and analyzing evidence to make a strong case for your claim.
Most of the time, the severity of the injuries and the extent of the damage to your vehicle are two key factors to consider when deciding whether to hire a lawyer. If you were involved in a minor fender bender and did not suffer any injuries, you may want to handle insurance claims by yourself, even though we still advise against that.
However, if you’ve sustained severe injuries or your car has been heavily damaged, seeking legal assistance is vital. An experienced car accident attorney can help you to get the compensation you deserve.
Another important consideration is dealing with insurance companies. Insurance adjusters want to minimize payouts, which sometimes results in a low settlement offer. When you have an attorney on your side, they can negotiate with insurance companies and argue for a reasonable settlement on your behalf.
Find Out How We Can Assist with Your Charleston Car Accident Case
If you are still wondering when to hire a lawyer, remember that most personal injury firms, including ours, offer a free consultation. We’ll help assess the strength of your claim. Also, it can help you get to know our law firm and see how our combined 150 years of personal injury legal case can benefit your case.
No matter your situation, hiring a Charleston car accident lawyer can help protect your rights and assist in recovering compensation in your case.
At DiPiero Simmons McGinley & Bastress, PLLC, our primary focus is helping people injured due to someone else’s negligence. With our years of experience, we are committed to helping our clients receive the compensation they deserve.
Contact us today to schedule a free, one-on-one consultation with a Charleston car accident lawyer at no cost or obligation to you.
