Huntington Car Accident Lawyer
Whether you’re out running errands or taking your children to school, you never expect to be involved in a car accident. Unfortunately, these incidents are a daily part of life on West Virginia’s roads. Sometimes, these instances are accidental. However, some crashes result from the other driver’s reckless and negligent behavior. You have the right to pursue legal action against these individuals.
Car accidents cause physical injuries and can put a significant financial burden on your shoulders. Without a car, you could lose out on income from missing work. In some instances, you need to purchase a new vehicle or have to pay for costly repairs. With a personal injury lawsuit, you can recover compensation for medical bills, lost wages, vehicle repairs, and emotional distress.
A Huntington car accident lawyer can assist you throughout this process. At Hendrickson & Long, PLLC, our legal team is ready to help you take those first steps toward compensation for your case.
Motor Vehicle Wrecks in West Virginia
When traveling on the road, you have to be cautious and watch out for the safety of yourself, your passengers, and others. This obligation is known as a duty of care.
With that, you must take reasonable action to avoid situations that could cause harm to others. However, not everyone abides by these principles. Instead, they may engage in reckless behavior that puts the safety of others at risk. When that results in an accident, these negligent individuals may face a lawsuit.
There are a variety of behaviors and actions that can lead to a car accident, including:
- Distracted driving
- Speeding
- Drunk driving
- Aggressive or reckless driving
- Fatigue
- Texting or talking on a phone
While some factors, like poor driving conditions, can cause accidents, most of these are attributed to other drivers. Some individuals do not want to follow traffic laws or safely operate a vehicle. By failing to exercise their duty of care, these individuals can cause significant injuries and damages in accidents. A few common car accident injuries can include:
- Whiplash
- Fractures or broken bones
- Bruises and lacerations
- Head injuries
- Chest and abdominal injuries
- Back injuries
- Psychological trauma
Some individuals may recover in a few months, while others may have a lifetime of medical treatment. The affected parties can recover compensation from the negligent and reckless driver in these cases.
Can I Sue for an Auto Collision?
Yes, you can file a lawsuit against the other driver. However, West Virginia has several laws pertaining to car accidents. First, West Virginia is an at-fault state, meaning that the person at fault is responsible for the accident. This individual can be held liable for any injuries and damages related to the accident.
The state also follows a system of modified comparative negligence. With that, the courts will determine the percentage of fault. For example, if the other driver was found to be 60% at fault, they would be liable for 60% of the damages. In these cases, you can still recover damages even if you are partially responsible for the accident.
However, West Virginia also abides by the 50% bar rule. Anyone assigned 50% or more at fault will be barred from collecting any damages in a civil claim. That prevents the majority at-fault party from suing other drivers for the accident.
Recoverable Damages
Like most personal injury lawsuits, victims can recover damages for economic and non-economic damages, including:
- Medical expenses
- Lost wages and potential earning capacity
- Pain and suffering
- Emotional trauma
Determining the extent of your damage requires the assistance of a Huntington car accident attorney. These professionals can examine the facts of the case and help you move forward toward a settlement.
Statute of Limitations
Remember that you have limited time to file a claim. In the state of West Virginia, the statute of limitations is two years from the time of the accident. After that, you may have missed your opportunity to recover compensation.
When Should I Contact an Attorney?
If you’ve been involved in a car accident in Huntington, you will want to contact a lawyer as soon as possible. During this time, they can guide you on proceeding with your claims, including gathering evidence and getting medical attention.
You never want to speak to insurance companies without consulting with an attorney first. They want to get you to agree to a lower payout. When you have an attorney on your side, you can make sure your rights are protected and avoid a less-than-acceptable settlement.
Also, you never want to sign any document or admit fault without speaking to an attorney. Once again, insurance companies and the other parties’ legal teams may try to pressure you into accepting a minimal payout. An experienced car accident can ensure that your rights are protected throughout the process. Plus, they can assist with the negotiation process to help get a fair settlement on your behalf.
Finally, if you have been injured, a Huntington car accident attorney can help you understand your rights and recover compensation from the responsible parties. These cases can be challenging. And insurance companies will try to get you to agree to an unfair settlement. Without proper legal assistance from a firm like ours, you may lose out on your deserved compensation.
Contact a Huntington Car Accident Lawyer Today
If you have been injured in a Huntington car accident, you will want to consult with an experienced legal team. At Hendrickson & Long PLLC, our Huntington car accident lawyers can help reach a fair and reasonable resolution to your case. Schedule your consultation today.
