Car Accident Attorneys in Charleston, WV
How to Determine Fault in a West Virginia Car Accident
A key element of determining fault in a car accident is establishing responsibility. A lawyer needs to be skilled in uncovering facts and looking at the situation from all possible angles. The attorneys at Hardy Pence PLLC have experience working in large law firms as well as prosecutor’s offices, meaning that we have a behind-the-scenes understanding of the tricks insurance companies and defense attorneys use to reduce the compensation owed. We seek to fight against this and strive to recover the maximum damages to protect your property, address your medical expenses, and compensate for the loss.
Some of the ways to determine fault include seeing if any of the following apply:
- Abiding by all rules of the road
- Defective vehicle parts
- Distracted driving
- Driving under the influence of alcohol or drugs
- Obstructions in the roadway
- State and safety of the roads
There are estimates that a typical driver will be involved in an average of four car accidents throughout their lifetime. Car accidents commonly result in serious injuries and can be one of the most devastating events in a person’s life. According to the Centers for Disease Control and Prevention, over 32,000 people are killed and two million injured every year in motor vehicle accidents. As the third leading cause of death for residents of West Virginia, car accidents are serious, and the victims deserve justice. The Charleston car accident lawyers at Hardy Pence PLLC provide aggressive representation and a unique perspective to help our clients recover what they are entitled to.
We proudly serve clients throughout Kanawha County. Speak with an accident attorney in a free case evaluation by contacting us at (304) 343-2222.
Accident Lawyers Fighting to Recover Maximum Compensation
If you or a loved one are involved in a car accident, it is important to act quickly. West Virginia requires that any lawsuits associated with a crash are filed within two years of the date of the accident. In the unfortunate instance that someone has passed away, the two-year statute of limitations occurs from the date of death.
The amount of compensation car accident victims are eligible for relies on the modified comparative negligence rule followed by West Virginia. This means that the total dollar amount of damages is reduced by the percentage of fault the injured party is determined to be, as long as it does not exceed 50% fault. This means that if medical expenses, pain and suffering, property damage, and other elements total $100,000, but the injured driver is found to be 25% at fault, the maximum damages are $75,000. Working with legal counsel familiar with these laws and the experience to examine all elements of the case can make all the difference.
No one is prepared for a car accident to jolt their life. When this happens to you, our personal injury law firm is here to help. Our car accident lawyers in Charleston utilize over 115 years of collective experience to protect our client’s rights and pursue financial compensation under the law.