Determining Liability

Insight from a WV Car Accident Lawyer

When individuals are involved in a car accident, the first question in both parties head is often "who is at fault?" Determining liability is not so simple, however. There are a number of factors that could impact this issue and make it challenging to pinpoint who is responsible for the accident and related damages.

When you find yourself in this situation, it is crucial to have a West Virginia car accident lawyer by your side who understands the ins and outs of the system. Fitzsimmons Law Firm PLLC can utilize the more than 30 years of experience their skilled attorneys have to benefit your case.

Contact the firm to get counsel for your accident claim!

How is fault established in WV?

Establishing liability in a car accident is one of the first steps that must be made in a claim. Without this, you cannot prove that you should be awarded compensation for the injuries and damages caused by the other driver. Liability means that the other driver is considered at fault for the accident and can be held responsible.

In West Virginia, proportional comparative fault is used to determine who can and cannot collect damages. For example, if both parties are 50% at fault-or equally to blame- they will both be ineligible for compensation. However, if one part is more responsible, the other may collect damages based on how much fault they shared. Determining this percentage can be more complicated than many realize though.

Insurers will look at these factors to establish each party's fault:

  • Which car initiated the collision

  • Information from the police report

  • Traffic rules and laws in the particular area

  • Witness statements

  • Any citations that were issued

While most accidents can be very subjective, there are two main types of accidents that will almost always have clear fault: rear-end collisions and left turn crashes. For rear-end accidents, cars are required to always keep a safe following distance. When collisions occur, the person who hit the car from behind is almost always found to be at fault. In left turn crashes, the turning driver is typically required to yield, which means any accidents will be considered their fault under normal circumstances.

Contact Fitzsimmons Law Firm PLLC Today

Working with auto insurance companies can be frustrating and difficult. Getting fair compensation can be impossible without the help of a skilled advocate. Proving liability can be overwhelming, particularly in multi-vehicle accidents. A West Virginia personal injury attorney can quickly gather the critical evidence that can be used to prove the fault and liability of other drivers involved.

You deserve to recover compensation for the damages you have suffered! That is why you should reach out to Fitzsimmons Law Firm PLLC today for legal guidance and representation from a proven legal team.

Call the firm to discuss your case today!

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