West Virginia’s car and truck accident lawyer explains how using a seat belt can help automobile drivers and passengers protect their legal rights. West Virginia law, like in every other state but New Hampshire, requires all drivers and passengers to wear a seat belt. Of course, the main purpose of seat belt laws is to […]
West Virginia’s Personal Injury Lawyer offers advice about what to do if injured in a West Virginia car, truck or motorcycle accident. Odds of being in a WV auto accident: The odds in West Virginia of being involved in an auto accident are nearly 100%! The US Department of Transportation estimates that the typical driver […]
On behalf of West Virginia’s Work Accident Lawyer, Charleston, WV – Many refer to cell phones, including iphones and other smart phones to be a sign of the times. As time goes on, however, increased cell phone use is also proving to be a sign of increased car accidents. Statistics show that in 2009, 5,500 people […]
On behalf of West Virginia’s Auto Accident Attorney, Logan, WV — If you’ve been injured in a car accident that is mostly another driver’s fault, you can still recover compensation for your injuries unless you are 50% at fault or greater. West Virginia has adopted the modified comparative negligence doctrine. Bradley v. Appalachian Power Co., […]
Below is a helpful wikihow article that describes strategies to help avoid a car accident and what to do in the event that a car accident is unavoidable. The article also provides other miscellaneous safety tips including issues to consider when purchasing an automobile.
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.
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.