Filing a WV Auto Accident Lawsuit for Negligence
When Can You File a WV Auto Accident Lawsuit for Negligence?
If you were hit by a negligent or reckless driver in West Virginia (WV), you might have a claim for damages. To recover compensation for your medical bills, property damage, pain and suffering, and other harm, you’ll need to file a claim against the other driver—either through their auto insurance company or against the driver directly. To file a WV auto accident lawsuit for damages, you must satisfy the required elements for a personal injury claim.
In this blog, we’ll explain when and how you can sue for negligence after a WV car accident. If you’ve been injured in a car crash in West Virginia, call a seasoned WV car accident lawyer for advice and assistance.
Proving Fault in a WV Auto Accident Lawsuit
A minority of states use a no-fault insurance scheme for car accidents. In those states, if you are involved in a car accident, you file a claim under your own insurance policy, even if you were hit by another driver who was clearly to blame for the accident. In those states, a driver must take extra steps to be able to sue for negligence after a car crash.
West Virginia, on the other hand, employs a fault-based insurance scheme. In West Virginia, if you were involved in a car accident with another driver, you can file a claim for damages when certain requirements are met. To file a claim with the other driver’s insurance–or sue them for negligence–you’ll need to prove that there was a car accident, the other driver was at fault for the car accident, and you suffered harm as a result (personal injury, property damage, etc.).
Often, the at-fault driver’s insurance company will agree to pay damages to a car crash victim. If they refuse, either because they contest the amount of damages or argue the victim was actually to blame, the victim will need to prove their claim in court. Under most circumstances, suing for damages after a car accident involves proving that the other driver was negligent or reckless and that their misconduct led to the accident.
For example, if you were hit by another driver, you might prove your claim by demonstrating that the other driver was texting while driving, that they ran a red light, that they were intoxicated while driving, or that they committed a combination of these behaviors. These behaviors are evidence of negligent driving, and if that behavior led to your car accident, you can file a claim for damages against that driver.
A wide range of conduct may constitute negligence while driving, such as tailgating, speeding, failing to use a turn signal, or otherwise violating any traffic safety law or regulation.
The Statute of Limitations for WV Car Accident Claims
There are many other procedural requirements to keep in mind when filing a claim for damages against a negligent driver. For example, there’s a time limit for filing your claim.
Typically, victims of a WV car accident have two years from the date of the accident to file a lawsuit against the at-fault driver. Certain special factors may alter that time limit, such as if the victim was a minor, the at-fault driver was out of state or hiding for months or years, or the victim was in a coma and unable to bring a legal claim for some time.
If you’ve been hurt in a car crash with a negligent driver, an experienced WV car accident lawyer can help ensure you preserve your legal rights and maximize your recovery. Make sure to call a personal injury attorney as soon as you can after your accident to ensure you do not miss out on the compensation you are owed.
Get Help from a WV Car Accident Lawyer
If you or someone you care about has been hurt by a negligent or reckless driver and may be eligible to file a WV auto accident lawsuit, call the accomplished and skillful Martinsburg personal injury attorneys at Burke, Schultz, Harman & Jenkinson. We can evaluate your case and help you find the best path forward. Call 304-263-0900 or complete this online contact form to schedule a free consultation.