Types of Auto Accidents & Causes
Depending on the vehicles involved, there can be different kinds of crashes
with their own causes and resulting injuries. No matter the case, if you
believe the driver who caused the accident was acting dangerously, you
should hire a team of personal injury attorneys who can help you file a claim.
Road crash types include:
- Car accidents, which typically involve rear-ending
- Motorcycle accidents
- Bus accidents, which often result in multiple injuries of those on board
- Truck accidents, which often produce serious and fatal injuries due to
size and weight, and involve underride crashes, jackknifing, and more
Though there are many factors that can cause a road crash, there are a
few common causes that put the blame on one or more drivers.
Common causes of accidents include:
- Impaired driving: Drivers are drunk or on drugs, which can reduce their
response times or cause them to behave irrationally
- Distracted driving: This includes texting while driving, or driving while
talking on the phone, eating, or drinking
- Reckless driving: Not signaling before changing lanes, not checking your
blind spots, etc.
- Speeding: When drivers exceed the speed limit, they may not have enough
time to brake before hitting a slowed or stopped car in front of them;
turns while speeding can also result in hydroplaning
- Fatigue: More of a factor among truck drivers, as many of them drive long
distances overnight with short breaks and can doze off at the wheel
Common Car Accident Injuries
A car accident can be a traumatic experience that can cause painful injuries
that impact you for weeks or even years to come. The force of car accident
can cause injury to nearly every part of the body. Even low-speed collisions
can result in devastating injuries depending on the point of impact and
the size and weight of the involved vehicles. Our attorneys can help you
pursue full and fair compensation for your injuries and help you get the
medical care you need to recover.
Some of the most common types of injuries caused by car accidents include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Cuts and scrapes
- Amputation / limb loss
- Neck and back injuries
- Internal bleeding
- Herniated discs
- Post-traumatic stress disorder (PTSD)
West Virginia is an At-Fault State for Car Accidents
West Virginia follows a traditional fault-based system in regards to car
accidents, meaning that drivers (or more accurately, their insurance companies)
are financially responsible for any damage or injuries they should cause
to others in the event of a collision.
As such, injured parties have a right to sue the driver responsible for
their collision for compensation for economic and non-economic damages
such as medical bills, lost wages, vehicle repair costs, and pain and
As a fault-based state, West Virginia drivers are required to maintain
the following insurance coverage to legally operate a motor vehicle:
- $20,000 in bodily injury insurance per person, per accident
- $40,000 in bodily injury insurance per accident, for all persons
- $10,000 in property damage protection
- $20,000/$40,000 in uninsured and underinsured motorist bodily injury protection
- $10,000 in uninsured motorist property damage protection
Failure to adhere to these insurance requirements can result in fines up
to $5,000 and a possible license suspension. Unfortunately, these bare
minimum limits are often inadequate to cover the costs of a collision,
causing drivers to be financially on the hook for any damages that exceed
the limits of their policy. Drivers also have the option to purchase additional
coverage for themselves or others.
Can You Sue for Emotional Distress After a Car Accident?
If you were severely injured in an auto accident, you may be able to receive
compensation for emotional distress. This compensation would be categorized
as pain and suffering. Because each case is different, there is no guarantee
for emotional distress compensation, but it is not an area to be overlooked
when taking legal action.
How Long Does It Usually Take to Settle a Car Accident Lawsuit?
Car accidents, like most lawsuits, take a unique amount of time to settle
based on the complexity of the case and can range anywhere from a few
months to several years to resolve. If you are dealing with difficult
injuries or damages, unclear witness testimonies or unreasonable parties,
your case may take longer than desired to settle.
Can I File A Car Accident Claim After Insurance Pays?
Typically speaking, the answer is no. Most insurance companies decide on
a fixed settlement amount, which cannot be altered after the fact. This
information is usually included in the insurance agreement. Work with
our firm for help on this!
West Virginia's Car Accident Statute of Limitations
In the event that negotiations with the at-fault driver's insurance company
fail to yield a fair settlement, you may file a lawsuit against the insurance
company or the driver themselves and pursue compensation through litigation.
West Virginia has a two-year statute of limitations for car accident lawsuits,
meaning that you must file a civil claim by the second anniversary of
your collision for the court to hear your case.
If this deadline expires, you will lose your right to sue and will be unable
to secure compensation for your losses. For this reason, it is important
to get an attorney involved early after your crash to guard your rights
and protect yourself against potentially costly pitfalls.
Damages We Recover
Our West Virginia auto accident attorneys work to provide a voice to the
injured so their needs are heard. When you become injured, it’s
likely that you will rack up a debt that includes medical bills, lost
wages from work, property damages, and more. We fight for compensation
so that you don’t have to worry about your financial issues as you
recover from your injuries.
(304) 933-5660 or
contact us online to receive legal counsel in filing your personal injury claim today.