Charleston Car Accident Attorney

You don’t forget the sound of an impact: the crunch of metal, the sudden jolt, the few disoriented seconds when everything slows down. One moment you are driving home from work, and the next you are sitting in a cloud of airbag dust trying to figure out what just happened.

Then reality sets in. Your car is wrecked, your neck hurts, and someone’s already calling their insurance company all because of another driver’s negligence.

For most drivers in Charleston, a serious crash is uncharted territory. The shock fades quickly, replaced by the stress of dealing with hospitals, body shops, and insurance adjusters. Unfortunately, help is not always what it seems.

At Hendrickson & Long, PLLC, we have guided countless accident victims through this exact moment, from the first phone call to the final resolution. Our Charleston car accident lawyer knows how quickly things spiral after a wreck caused by another driver and how overwhelming it feels when you are suddenly expected to know your legal rights while you’re still in pain.

The Hidden Layers Behind a Car Accident

A car crash is a chain reaction of consequences that can last months or even years. While you are trying to get back on your feet, there are investigations happening behind the scenes, insurance evaluations underway, and sometimes, quiet efforts to shift the blame your way.

Here is what most people don’t realize right after an accident:

• Some injuries take time to reveal themselves: Concussions, herniated discs, and whiplash do not always show up on day one. Settling your claim too early can leave you without coverage for future care.
• Your car may hold key evidence: Modern vehicles store driving data like speed, braking force, and seatbelt use that can confirm who was at fault.
• Insurance companies share data: Adjusters often access claim databases to check your past accidents or medical history and use that information to downplay your current injuries.
• Commercial or rideshare vehicles complicate things: When multiple insurance policies overlap, like with Uber drivers or company trucks, each insurer may try to pass responsibility to the others.
• Medical bills can turn into liens: Hospitals, health insurers, and government programs may claim part of your eventual settlement. If not handled correctly, you could lose a large portion of your recovery to repayment demands.

A skilled Charleston car accident lawyer knows how to anticipate these pitfalls and protect you from them.

Why You Should Be Cautious of Insurance Companies?

After a crash, you might feel a bit of relief when the other driver’s insurance company calls. They sound friendly, they ask about your injuries, and they seem eager to get things moving. But remember, they work for the insurance company, not for you.

Their job is to close your claim for as little money as possible. They might ask leading questions, record your answers, or offer a settlement before you have seen all your doctors. Some adjusters will suggest you were partially responsible for what happened, not because it’s true, but because it saves them money.

We have seen every insurance tactic in the book. Our attorneys know how to protect clients from lowball offers and manipulative questioning.

How Negligence Leads to Charleston Car Crashes

Not every collision is a bad luck moment. In most cases, someone made a careless, reckless, or outright dangerous choice. Here are a few of the leading causes of car accidents in Charleston and across West Virginia:

• Distracted driving: Whether it is texting, scrolling, or fiddling with a GPS, even two seconds of inattention can cause a devastating crash.
• Speeding and aggressive driving: The faster someone drives, the less time they have to react, and the more force involved in the impact. In 2023, speeding was the number one factor in 33% of fatal crashes according to the National Highway Traffic Safety Administration.
• Driving under the influence: Alcohol- or drug-impaired driving continues to be a major cause of fatal collisions in the state.
• Failure to yield or obey traffic laws: Rolling through stop signs or running red lights are classic examples of negligence.
• Mechanical failures and defective parts: Faulty brakes, worn tires, or defective safety systems can shift liability from the driver to the manufacturer or mechanic.

When negligence is at play, victims have every right to pursue compensation.

The Real Cost of a Car Accident

Even a minor collision can unleash serious financial and emotional strain. Medical care alone can run into tens of thousands of dollars, especially if physical therapy or surgery is needed. Then there is time off work, transportation costs, childcare, and mental health impacts that do not show up on a bill.

You may be entitled to recover damages for:

• Emergency and follow-up medical treatment
• Prescription costs and rehabilitation
• Lost wages and future earning capacity
• Property damage and vehicle replacement
• Pain and suffering
• Emotional distress or loss of enjoyment of life
• In tragic cases, funeral and burial expenses

At Hendrickson & Long, we take the time to calculate the true value of your claim, not just what the insurance company wants to pay. That includes considering your future medical needs and any long-term impact on your quality of life.

What Is West Virginia’s Comparative Negligence Rule?

West Virginia law follows modified comparative negligence. This means you can still recover damages even if you share some responsibility, but only if you’re less than 50% at fault.

If your total damages are valued at $100,000 and you are found 20% responsible, you can recover $80,000. But if you are found 51% responsible, you recover nothing.

This is why the opposing insurer will work hard to inflate your share of the blame. Our team reviews evidence, witness statements, and traffic data to make sure fault is assigned accurately and fairly.

Car Crash FAQs in Charleston

Do I have to hire a car accident lawyer for my claim?

No, hiring a lawyer is not strictly required, but in many cases, it is very wise. If your injuries are minor, liability is clear, and the insurance company is cooperative, you might manage without an attorney. But when things get messy, like serious injuries, disputed fault, multiple insurance companies, or large damages, a skilled lawyer can level the playing field.

How long do I have to file a lawsuit after a car crash in West Virginia?

In West Virginia, you have two years from the date of the accident to file a personal injury lawsuit. That might sound like plenty of time, but you don’t want to wait too long. Early action helps protect your rights.

What should I do first after I’ve been in a crash?

Right after a collision, it can feel chaotic, but a few immediate steps can safeguard your future claim:

• Call the police and get a crash report. This creates an official record.
• Seek medical attention even if you “feel fine.” Some injuries, like concussions or soft-tissue damage, show up later.
• Preserve evidence, such as photos and videos of the scene, your vehicle, any injuries, names, and contact info of witnesses; keep medical and repair bills.
• Avoid giving a recorded statement to the other driver’s insurer until you’ve consulted someone.
• Contact a lawyer early. The sooner the better. A good attorney can step in while your memory is fresh and before insurance companies get a head start.

How long does it take to settle a car accident claim in Charleston?

There’s no one-size-fits-all answer here. Simple claims with clear liability and minor injuries can sometimes settle within a few months. But if there is a dispute over fault, serious injuries, or extensive medical treatment, it can take a year or more. Your attorney’s goal is not to settle quickly but to make sure you’re fairly compensated for the full extent of your losses.

What if the other driver doesn’t have insurance?

If the at-fault driver doesn’t have insurance, your own uninsured/underinsured motorist coverage can step in to help. West Virginia law requires insurance companies to offer this coverage. It can cover your medical bills, lost wages, and other damages that the other driver can’t pay.

Our Charleston Car Accident Lawyer Can Help with a Fair Recovery

Car accidents are chaotic, but the process that follows does not have to be. When you have a strong advocate handling the details, you can focus on what matters: your health, your family, and rebuilding your life.

At Hendrickson & Long, PLLC, our Charleston car accident lawyers have the experience, resources, and compassion to stand up to insurance companies and demand accountability from negligent drivers.

If you’ve been injured in a car crash downtown, on I-64, or on a quiet back road, we are here for you.

Reach out today for a consultation. We will review your case, answer your questions, and give you an honest assessment of your options.