Auto Accidents

West Virginia Auto Accident Attorneys

Helping You on the Road to Recovery

While many individuals share a fear of flying due to the possibility of a plane crash, the reality is that most of them face a more dangerous situation each day that they commute to and from work: auto accidents. According to the World Health Organization, nearly 1.25 million people die in road crashes each year, on average 3,287 crashes a day.

Many of these road crashes are caused by negligent drivers who are either:

  • Impaired by drugs
  • Impaired by alcohol
  • Or who are distracted

If you’ve been injured in a crash, our West Virginia auto accident attorneys can look into your case and hold the other drivers responsible. Call Persinger & Persinger, L.C. now.

When Should You Contact an Attorney After a Car Accident?

After an accident, it is most important that you visit a doctor for any injuries you may have sustained during the accident. Then, as soon as you are able to contact an attorney, the better.

An attorney will provide you with instructions and take the immediate next steps necessary to ensure that you receive maximum compensation from the accident.

Contact our West Virginia car accident lawyers by calling (304) 346-9333 if you’ve been injured in an accident as the result of another’s negligence. You don’t need to suffer more than you already have.

What to Do After an Accident

If you’ve been involved in a road crash, there are a number of steps for you to take in order to have the evidence you need for our lawyers to build your personal injury case. The number one priority is your safety – if you’ve been injured, seek medical attention immediately.

Other important things to do at the scene of a crash is to document everything: take photos of your injuries and damage to your vehicle and other vehicles, and collect the other driver/riders’ information and insurance company. It’s also crucial to collect any eyewitness statements and police reports.

When another driver is responsible for an accident, they and their insurance company will do what they can to avoid liability, or pass off some of the blame to you. By having solid evidence, we can hold insurance companies responsible so you can receive the compensation you deserve.

Most Common Types of 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

What Are the Most 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
  • Whiplash
  • Broken bones
  • Cuts and scrapes
  • Amputation / limb loss
  • Neck and back injuries
  • Internal bleeding
  • Herniated discs
  • Post-traumatic stress disorder (PTSD)

Is West Virginia 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 suffering.

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.

Related Reading:

Call (304) 346-9333 or contact us online to receive legal counsel in filing your personal injury claim with our West Virginia car accident attorney today.

Meet Our Team

Experienced Team Dedicated to Helping You
  • Howard M. Persinger, Jr. Photo
    Howard M. Persinger, Jr.

    For nearly 50 years, Howard has been a leader in the field of natural resource law. Howard’s experience in counseling clients has made him one of the region’s most respected attorneys. Read More

  • Howard "Mo"  Persinger, III Photo
    Howard "Mo" Persinger, III

    Howard “Mo” Persinger, III has over 15 years of handling large, complex personal injury suits, as well as energy related cases and projects.

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  • Robin L. Adkins Phelps Photo
    Robin L. Adkins Phelps

    With over 30 years of experience, Robin Phelps knows the ins and outs of Persinger & Persinger, L.C. Robin is a native of Mingo County, West Virginia. Read More