If you are injured in an accident in West Virginia, the injured non-fault party must still prove the other driver is at fault.
There has been a consistent national campaign in this country against citizens who have been injured, sometimes seriously, in accidents through no fault of their own. Part of the problem is the language which we use and what becomes are accepted views of our society.
An example is the use of the word, "accident."
How can a drunk driver or a driver who is speeding who wrecks and hurts someone be allowed to call this event an "accident"? It's not an accident, but a wrongful injustice causing a preventable harm to an innocent person, but we let the world call it an "accident."
We have been cleverly seduced by insurance companies to accept what they have pronounced as fact, that the American system of justice is in crisis and that most lawsuits are frivolous. I contend that to the mother whose car is crushed by a speeding, overloaded coal truck that her case is not frivolous.
What attorney would take a case and put out his own hard earned money along with hundreds of hours and years of struggle for a frivolous case? Unfortunately, I cannot persuade people who have already made up their minds, but must accept their view and attempt to educate.
Any person who is in an accident must prove liability, that is that the other person was at fault and broke the rules or standard of care. Next, you must prove your were injured. And an injured person must also prove "causation," meaning that your injuries were caused in the accident. Now this may sound silly and hard to believe if you haven't tangled with an insurance company.
If you are injured in a car accident the insurance company will fight you on one or all of these issues. The real kicker is the person who was harmed through no fault of their own, has the burden of proof, meaning he has to make his case and cannot stand on the facts. This coupled with the reality that most people automatically disbelieve anyone injured in an accident and we are left with a system where it is extremely difficult at best to protect the rights of the citizen wrongfully injured.
If you are injured in an accident through no fault of your own seek out an experience attorney to help you through each step of the way.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "If you are injured in an accident in West Virginia, the injured non-fault party must still prove the other driver is at fault." highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •Under West Virginia's modified comparative negligence framework (W. Va. Code § 55-7-13a), an injured motorist may recover damages provided their degree of fault does not exceed 50%.
- •Preserving physical evidence—including vehicle electronic data recorder (EDR) logs, witness statements, and accident reconstruction data—is vital immediately following a collision.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
What steps should I take immediately after a motor vehicle accident in West Virginia?
Seek prompt medical attention, ensure law enforcement completes an official crash investigation report, document scene photographs, and avoid providing recorded statements to insurance adjusters before consulting counsel.
How does comparative fault affect car accident settlements in West Virginia?
West Virginia follows the 51% bar rule: if a driver is determined to be 20% at fault, their total damages are reduced by 20%. If they are found 51% or more responsible, recovery is completely barred.
Related Practice Resources & Analysis
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