Driving a car is the most convenient mode of moving from one place to another. It is an easy way to cover long-distance travel compared to using public transportation. However, there are driving rules that we need to obey to maintain safety while on the road. We must abide by the traffic laws to avoid any form of accident injuries and fatalities. Car accident injuries may include whiplash, traumatic brain injuries, back injuries, neck injuries, paralysis, or death.
There are various causes of vehicle accidents such as overspeeding, drunk driving, red light jumping, and driving without using safety gear like seat belts and helmets. These factors often cause head-on collisions and car crashes. Most of these fatal car accidents happen because of reckless driving.
Another common reason for a road traffic accident is distracted driving. Texting while driving is strictly prohibited. All drivers should not use cellphones or any hand-held electronic devices while their hands are on the wheel. This will help them avoid distractions while they are on the road. Also, there are external factors that might affect road safety which includes vehicle defect, carelessness of pedestrians, and bad weather or roadway condition.
West Virginia is considered one of the most hazardous states to drive in the United States. Several recorded traffic accidents happen in this state. Vehicle accidents often lead to serious injuries and property damage for both the driver and the victim. Being injured in a car accident might leave you with a high amount of medical expenses. Some people will rely on their car accident insurance policy to settle their medical bills. With regards to filing an insurance accident claim or a lawsuit for wrongful death or personal injury from a road accident, there are certain rules and regulations to be followed.
In terms of the statute of limitations, there are specific deadlines that you need to meet. If you intend to file a property or personal injury lawsuit, you need to do it within two years counting from the accident date. In the same way, the filing of a wrongful death lawsuit should be done not more than two years from the victim’s date of death.
Usually, there are two or more parties involved in a car accident. In West Virginia, they consider a “modified comparative fault” if the victim is partially at fault.
Evidence should be gathered from both the side of the victim and the side of the person at fault. According to the gathered information, the court will rate the fault percentage of the victim. If the rate is above 50%, they will dismiss the claim. If the rate is under 50%, the percentage will be reduced from the damages and the remainder will be given to the victim.
West Virginia is considered a “no-fault” state. In this case, the victims may not depend on their insurance benefits first. The victim has the option to file an insurance claim straight from the policy of the person at fault. There is a minimum amount of insurance coverage amount allotted for the drivers in West Virginia. The minimum amount of liability coverage is $40,000 for every injury accident, $20,000 for the injured victim, and $10,000 for damage of property.
Aside from the liability insurance, all drivers in West Virginia are required to acquire car insurance that covers damage by uninsured drivers. The minimum coverage rates are similar to liability insurance.
There are various types of damages considered in this state and each type has its limit. A limit of $1 million is set for non-economic damages related to medical malpractice. Compensatory damages are also considered as part of non-economic damages like suffering and pain. The limit of this damage is approximately a hundred thousand dollars. Punitive damages under limited circumstances are also available, but the acts should lead to personal injury.
Furthermore, there is also a product liability for defective vehicles. There is an existing no-fault product liability that is subject to comparative negligence principles.
In this state, they practice sovereign immunity by filing a lawsuit against the government because of faulty roadways. A limit of $500,000 coverage is set for non-economic damages in lawsuits against the government.
The person who caused a traumatic car accident must be held liable under the car accident law of West Virginia. For legal help, do not hesitate to contact Ghaphery Law Offices, PLLC. Our experienced personal injury lawyers are ready to assist you in filing a personal injury lawsuit. We will be with you every step of the way. Call us at (304) 230-6500 today.