Charleston Car Accident Attorney

Car manufacturers will always stress the safety features on their new models to attract prospective buyers. After all, everyone wants to feel safe behind the wheel and when taking the kids to school.

While safety features such as airbags and approaching traffic warning cameras can reduce the risk of injury and accidents, there is no guarantee that a negligent driver won’t engage in reckless behavior and cause an accident.

If you were involved in an accident that was caused by someone else’s negligence, you’re entitled to seek a remedy in the form of monetary compensation. Unfortunately, there can be resistance on the part of an insurance company that might side with their policyholder or offer you a settlement that is far below what you deserve.

When those complications arise, you should enlist the services of an experienced Charleston car accident lawyer like you’ll find at Hendrickson & Long, PLLC.

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 a completely free, no-obligation case evaluation at your earliest convenience.

Are you ready to talk about what happened? We’re standing by to listen.

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 data collected by the U.S. Department of Transportation, there were a total of 453 vehicles involved in crashes in 2024 in West Virginia. Of that number, 16 resulted in fatalities, and another 211 resulted in injuries.

Here are the common causes of accidents caused by another driver’s actions:

• 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 3,275 people died in vehicle-related accidents across the country due to distracted driving in 2023.
• Speeding is a major factor in many accidents. The latest numbers from the National Highway Traffic Safety Administration (NHTSA) find that fatalities caused by speeding are at a 14-year high.
• Driving under the influence (DUI) is reckless behavior. Impaired driving contributes to 34 deaths each day from drunk driving crashes, 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 the Common Injuries Suffered in Car Accidents?

The impact of a car accident can lead to mild or severe injuries to any part of your body. These injuries can lead to extended recovery time or long-term pain and suffering. They also all generate medical expenses, both for current and future care.

Which of the following injuries are you making a claim for?

• Whiplash
• Broken bones
• Burns and lacerations
• Neck and back injuries
• Head injuries

The medical records associated with your injuries will become a vital piece of evidence in your claim.

It’s important that you keep copies of these records and share them with your attorney to help establish the amount of suffering you’ve had to endure.

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 those factors in play, you want to make sure 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 a 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 are aware of the common tactics that these insurers may employ.

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.

Frequently Asked Questions

In the aftermath of an accident, you could be dealing with medical issues and car repairs. It might mean surgery and hospitalization. It could also mean shopping for a new car. That is a lot to take on, especially with mounting bills. That is why you need to understand all your options. The answers to these frequently asked questions can help start to bring things into focus:

How long do I have to file a lawsuit for a car accident in West Virginia?

West Virginia law stipulates that you have two years from the date of the accident to file a lawsuit. That filing has to come after you’ve gone through the claims process with the at-fault driver’s insurance company. That time will go by fast, which is why you want to speak with a skilled attorney as soon as possible.

How do I know if I have a good case?

There will be two versions of every car accident: Your version and the other driver’s version. If the other driver was negligent, they will rarely admit fault. The only exception could be if they were legally intoxicated. Beyond that, your case will be supported by the evidence.

That evidence can include the following:

• Police crash reports
• Witness statements
• Surveillance video
• Traffic camera footage
• Accident scene evidence
• Medical records

Does every claim end up in court?

Not every car accident claim ends up in court. That is typically the last option to pursue, but it remains a viable option when you’re working with the skilled litigators at Hendrickson & Long, PLLC. We’ll present that option if the insurance company delays or denies your claim. If they refuse to negotiate in good faith, filing a lawsuit might compel them to make a better settlement offer.

Even if we move forward with a civil lawsuit, we will continue to negotiate on our client’s behalf.

Do I have to report the car accident to the police?

You are obliged to report a car accident to the police if there are any injuries or property damage over $1,000.

That report is an important document that can support your version of what happened in the accident. If the police do show up at the scene, you’ll want to tell them what happened, but not what you think might have happened. In other words, you don’t have to guess; just share the facts of what you experience.

Can I get compensated for lost wages?

Yes, you are entitled to seek any lost wages that you incurred as a result of the accident. Those lost wages could also include future earning potential if the accident injuries prevent you from returning to your previous job.

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.