The aftermath of a car accident can be incredibly stressful, impacting you physically, emotionally, and financially. In Parkersburg, it’s important to understand the legal aspects involved if you find yourself in this situation.

If someone else caused your accident and subsequent injuries, you may be able to seek compensation from them. We can help you decide your next steps—call Powell & Majestro at 304-346-2889 to get started.

What You Need to Know About Car Accidents in West Virginia

Car accidents in West Virginia can have severe consequences, leading to serious injuries or even fatalities. The state operates under a fault-based system, meaning the driver who caused the accident is responsible for covering the damages. This affects how claims are processed and how compensation is determined. Understanding these rules is vital for navigating your case, whether you are dealing with insurance or considering legal action.

When it comes to determining who is at fault, evidence like police reports, eyewitness accounts, and accident scene photos is essential. It’s important to gather and preserve this evidence as soon as possible.

Legal concepts like comparative negligence can also play a role, affecting the amount of compensation you may receive if you are found partially responsible for the accident. West Virginia has a modified comparative negligence law. This means that if a victim is 50% or less to blame for an accident, they can still receive compensation in court. However, whatever they are awarded will be decreased in proportion to their share of fault. If they are 51% or more at fault, they cannot recover compensation.

 

Common Causes of Crashes in Parkersburg, WV

Car accidents in West Virginia often happen for a variety of reasons, many of which can be avoided. Here are some common causes of car crashes, mostly based on some form of negligence:

• Distracted driving (e.g., texting, using a phone, eating): This is one of the leading causes of accidents as it diverts the driver’s attention away from the road, increasing the likelihood of collisions.
• Speeding: Driving above the speed limit reduces the driver’s reaction time and increases the severity of crashes, making it a significant factor in many accidents.
• Driving under the influence of alcohol or drugs: Substance impairment significantly diminishes judgment, coordination, and reaction times, leading to a higher risk of accidents.
• Reckless driving (e.g., aggressive lane changes, tailgating): Such behavior endangers all road users by increasing the chances of sudden, unpredictable movements that can cause accidents.
• Running red lights or stop signs: Disregarding traffic signals can result in high-speed collisions, often leading to severe injuries or fatalities.
• Failing to yield the right of way: Not allowing other vehicles their legal space on the road can lead to dangerous situations and accidents, especially at intersections.
• Improper turns: Making illegal or unsafe turns can cause accidents, particularly in busy or complex traffic conditions.
• Fatigue (e.g., drowsy driving): Driving while tired can impair a driver’s alertness and response time, making it similar in danger to drunk driving.
• Weather conditions (e.g., heavy rain, fog, snow): Inclement weather can create slippery roads and reduce visibility, making it more challenging to drive safely.

Certain intersections in and around Parkersburg, WV can be particularly dangerous, increasing the likelihood of accidents. These include:

• Emerson Avenue & Murdoch Avenue
• Grand Central Avenue & 12th Street
• 7th Street & East Street
• Camden Avenue & Rayon Drive
• Division Street & Pike Street

Determining Responsibility

Determining who is responsible for a car accident is key to getting compensation for your losses. In West Virginia, the driver who is at fault must pay for the damages caused. To figure out who is at fault, you need strong evidence like police reports, witness statements, and photos of the accident scene. Gathering this evidence as soon as possible is crucial.

In most car accident claims, one or both drivers are ultimately at fault. However, there are cases where other parties may be liable. For example, if a poorly done repair fails and causes a car to crash, the repair shop may be liable. An unsafe vehicle component could ultimately make the manufacturer responsible. Inherently unsafe roads or unclear signs may make the municipality liable for accidents that occur.

 

Types of Compensation Available

Victims of car accidents might qualify for various types of compensation, based on the specifics of their accident and injuries. Medical expenses can often be covered, including costs for emergency care, hospital stays, rehabilitation, and ongoing medical treatment. If you’re unable to work due to your injuries, you may also receive compensation for lost wages, addressing the income you missed. Property damage is another area where you could be compensated, covering repairs or replacement of your vehicle and any personal items damaged in the accident.

Pain and suffering compensation considers the physical and emotional pain you went through as a result of the accident. This type of compensation can vary widely, depending on the severity of your injuries and their effects on your daily life. For example, if you have chronic pain or emotional trauma, you may be entitled to more compensation.

In some cases, you may also be eligible for loss of consortium, which compensates for the negative impact on your relationship with your spouse due to the accident. Additionally, punitive damages may be awarded if the at-fault driver’s behavior was particularly reckless or intentional, aiming to punish the wrongdoer and deter similar behavior in the future.

The types and amount of compensation that you receive are also influenced by whether your case settles or goes to court. For example, punitive damages are only awarded for cases that go to court—and the vast majority of car accident claims are settled out of court.

 

How Powell & Majestro Can Assist You After a Car Accident

Dealing with a car accident’s legal aftermath can be daunting. Our law firm is dedicated to guiding you through each step, ensuring you understand your rights and options. From the start, we assist in gathering crucial evidence like police reports and witness statements to build a strong case. We handle negotiations with insurance companies, aiming to secure the best possible settlement for you.

If a settlement isn’t possible, we are prepared to represent you in court. Our team has extensive experience with West Virginia law and can navigate its complexities on your behalf. We also explain legal terms and procedures in simple language, so you always know what’s happening with your case.

Throughout the process, we provide personalized support tailored to your specific needs. Whether it’s answering questions, updating you on case developments, or offering reassurance, we’re here to make the journey as smooth as possible. By focusing on your case, we allow you to concentrate on healing and getting back to your daily life.

 

Start Your Claim with the Team at Powell & Majestro

If you’ve been injured in a Parkersburg car accident, don’t wait any longer to discuss your legal options with the personal injury team at Powell & Majestro. We can help you pursue the compensation you deserve. To set up a consultation and explore your case in greater detail, call us at 304-346-2889 or send us a message online.