Charleston Car Accident Attorney

While you are out on the road, you never expect to be involved in an accident. But they are an everyday occurrence for many across West Virginia—and these collisions can disrupt lives in an instant.

In the aftermath of a collision, you may be left with substantial injuries, mounting medical bills, and emotional trauma. Fortunately, you have legal options to recover compensation from those who caused you harm. And at Hendrickson & Long, PLLC, we are available to assist with your claim.

We know that you need to focus on healing and recovery. Let our skilled and experienced legal team handle the rest. Take the next step and reach out to our office. We’ll schedule you for a completely free, no-obligation case evaluation at your earliest convenience.

Another Person’s Fault May Be the Reason for Your Car Accident

While you are on the road, you make every effort to remain safe. Unfortunately, not all drivers are responsible. In fact, some of them may behave in a negligent or reckless manner. As a result, a car accident can occur. According to the Federal Highway Administration, there were 264 vehicle accident deaths and 815 serious injuries in 2022 in West Virginia. Some of them were caused by:

• Distracted driving, such as adjusting the radio, texting on the phone, or using a GPS in the vehicle. National Highway Traffic Safety Administration (NHTSA) data states that 3,308 people died in vehicle-related accidents due to distracted driving in 2022.
• Speeding is a major factor in many cases, and it can cause a fatal accident on the road. According to the National Safety Council, speed contributed to 29% of all traffic fatalities in 2022.
• Driving under the influence (DUI) is reckless behavior. Impaired driving contributes to one person being killed in an impaired driving accident every 39 minutes, per additional NHTSA statistics.
• Reckless driving can include various types of aggressive behaviors, such as tailgating, weaving between lanes, or running red lights. All these actions can endanger everyone on the road.
• Vehicle defects, such as brake malfunctions or tire blowouts, can lead to crashes. In these cases, manufacturers or maintenance providers may be liable.

Car accidents can happen for a variety of reasons, but when someone’s negligence plays a role, you have the right to take legal action. Talk to our Charleston car accident lawyer to see how we can assist with your claim.

What Are Damages, and Are You Entitled to Them?

In personal injury law, “damages” is the monetary compensation awarded to those victims of accidents or wrongful acts. This compensation can help to address your physical, emotional, and financial losses.

If you’ve been injured in a car accident caused by someone else’s negligence, you may be entitled to recover damages to help you rebuild your life.

Damages fall into three categories: economic, non-economic, and, in some cases, punitive damages. They can compensate for:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Property damage
• Pain and suffering
• Emotional trauma
• Loss of enjoyment of loss or consortium
• Funeral and burial expenses in wrongful death cases

Whether you are entitled to damages depends on the circumstances of your case and your ability to prove the following elements:

• Duty of care: The at-fault party owed you a duty to act responsibly and avoid causing harm. For instance, all drivers have a legal duty to operate their vehicles safely.
• Breach of duty: The at-fault party failed to uphold their duty of care through negligence, recklessness, or intentional misconduct
• Causation: You must show that the at-fault party’s breach of duty directly caused your injuries or losses.
• Damages: Finally, you must show that you suffered actual losses, such as those listed above, as a result of the accident.

With all those factors in play, you want to make sure that you have the best legal representation. A car accident lawyer in Charleston can be a legal advocate during this time.

Investigating Accidents and Proving Fault

The key to these cases is proving fault; one way to do that is through thorough investigation. Your Charleston car accident attorney will need to:

• Analyze the accident scene: Photographs, skid marks, road conditions, and vehicle damage are vital pieces of evidence to help the claims process.
• Review police reports: These accounts are official reports that will have preliminary determinations of fault.
• Interview witnesses: These third-party eyewitness accounts can corroborate your version of events and strengthen your West Virginia car crash claim.
• Collect medical records: Along with on-scene evidence, your medical records document your injuries and treatments. You will need this for calculating damages.
• Get expert testimony: Working with accident reconstruction experts, medical professionals, and economists can help strengthen your auto collision case.

All of these pieces of evidence can work to establish liability and calculate your damages. When you work with a car accident lawyer in Charleston like ours, we can assist with the above steps.

Insurance Companies Will Try To Downplay Your Claim

Insurance companies want to minimize payouts, even in clear cases of liability. Adjusters may attempt to undervalue your claim, shift blame, or pressure you into accepting a quick settlement.

A Charleston car accident lawyer is your advocate. Your lawyer will handle all communications with insurance companies and negotiate for a fair settlement. At Hendrickson & Long, PLLC, we know the common tactics that these insurers may try to use. We can counter them and make sure you receive a fair settlement for your claim.

Will the Comparative Negligence Rule Affect My Case?

West Virginia follows a comparative negligence system. That means your compensation may be reduced if you are found partially at fault for the accident. For example, if you are found to be 30% responsible for the collision, your compensation will be reduced by that amount.

However, you can only recover damages if your level of fault is less than 50%. With that in mind, the other legal team (the one representing the motorist who struck you) and its insurers will try to maximize your fault, which means less compensation for you. Working with a car wreck attorney in Charleston, WV can help to build a strong case to counter these tactics.

Get Skilled Legal Representation From Our Charleston Car Accident Lawyer

While car accidents are common, the aftermath is often anything but straightforward. Insurance companies attempt to minimize payouts. Along with that, proving fault can be challenging.

Let’s not forget that West Virginia’s legal system can be complex, especially when dealing with comparative negligence rules, insurance policies, and statutes of limitations.

Having an experienced attorney by your side can help make sure you have an advocate who understands the law and is committed to achieving the best possible outcome for your claim.

If you or a loved one has been injured in a car accident in Charleston, Hendrickson & Long, PLLC can assist. You can rely on us to help with your pursuit of justice and compensation.

When you are ready to take the next steps, we are here. Schedule a consultation with our Charleston car accident lawyer to learn about your legal options.