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 Auto Accidents – First 48 Hours, Part I
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 […]
WV Auto Accidents Caused by Texting on the Rise
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 […]
Compensation for Injuries When Partly to Blame for a WV Car Accident?
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., […]
How to Survive a Car Accident
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.
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.
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.