Health, Safety & Personal Injury Law Blog
December 10, 2009 • auto accident tips,Personal Injury Law,Safety Tips
Cell Phones and WV Auto Accidents
Numerous studies show cell phones are a leading cause of car accidents. Despite the fact that West Virginia has no state-wide cell phone laws, there can still be serious legal consequences for driving in West Virginia while talking on a cell phone. For example, if you’re involved in a car accident and one of the drivers was talking on a cell phone, you may be able to present evidence of that fact to the jury. Evidence of that the driver was using a cell phone while driving may help prove the driver’s negligence and win your case.
read moreNovember 8, 2009 • auto accident tips,Compensation for Injuries
Can You Recover Compensation for Car Accident Injuries in WV if You are Partly at Fault?
Do You Have a Claim if You’re Partly at Fault in a Car Accident?
Yes, unless you are 50% at fault or greater. West Virginia has adopted the modified comparative negligence doctrine… Under this doctrine, a claimant’s action is barred if his or her negligence equals or exceeds the combined negligence of all the other parties involved in the accident. If the claimant is less than 50% at fault, his or her recovery is reduced in proportion to his or her degree of negligence.
Lance Bork