Charleston Car Accident Attorney

Car crashes are often devastating and life-changing accidents that are far too often caused by someone else’s recklessness or negligence. According to the Federal Highway Administration, 815 people were seriously injured in car accidents, and another 264 people were killed in crashes in West Virginia in 2022. Countless more drivers and passengers suffered lasting injuries.

Even in crashes that didn’t require immediate hospitalization, victims found themselves dealing with injuries and trauma that significantly impacted their lives. In addition to mounting medical bills, expensive property damage, lost wages, emotional turmoil, etc., injured victims also need to navigate communications with insurance companies. All of this mounting stress, paperwork, and compounding complications can quickly become overwhelming, even before you consider filing a lawsuit.

If your car accident was caused by someone else’s negligent, reckless, or wrongful actions, an experienced law firm can give you the legal support to manage your case and fight for the compensation you need to cover damages that resulted from your collision. At Forbes Law Offices, each Charleston car accident lawyer has years of experience working with injured victims across West Virginia and is ready to work with you to put you in the best position possible to fight for your rights.

Common Causes of Car Crashes in West Virginia

Car accidents, no matter how severe they are, are most often caused by someone’s mistake or reckless actions. In some cases, that could be an individual driver, but it could also be caused by an organization’s failure to properly care for a section of the road. Almost every crash has unique factors that led up to it, but some of the most common causes of auto accidents in the state include:

• Distracted driving: Texting, using GPS, or even eating while driving can divert attention from the road, leading to accidents. According to the National Highway Traffic Safety Administration, looking away from the road for just five seconds (the average time to read a text) while traveling 55 miles an hour means that your eyes are off the road for approximately 300 yards, the equivalent of driving the full length of a football field with your eyes closed.
• Speeding: Driving faster than the posted speed limit reduces your reaction time and increases the severity and danger of accidents.
• Driving under the influence: Drunk or drug-impaired driving continues to be a leading cause of accidents, endangering not only the motorist engaging in the dangerous driving practice but also everyone else on the road. West Virginia DMV reports that 60 of the state’s 264 fatalities in 2022 involved an alcohol-impaired driver.
• Weather conditions: The climate here in Charleston can mean slick roads and cause poor visibility during storms. Whether there’s ice on the road, enough water to cause a car to hydroplane, or any other weather-related hazard, failing to account for diminished visibility or braking distance can quickly lead to a serious crash.
• Aggressive driving: Tailgating, cutting off other vehicles, and aggressive driving can quickly result in serious accidents.

The factors that led to your crash play an important role in determining who can be held at fault for the collision that injured you. Your Charleston car accident lawyer will work closely with you to determine the exact cause of your wreck and craft an argument that puts you in the best position to secure the maximum compensation possible.

What Type of Compensation Can I Recover in a Kanawha County Car Accident Case?

If you’ve been the victim of a car accident in Charleston, you may be entitled to a variety of compensation, depending on the specifics of your case. This compensation usually falls into two distinct categories as follows:

• Economic Damages: These are the tangible expenses and losses you experience following the accident and may include medical bills, property damage, and lost wages. If your injuries are severe and require ongoing care or rehabilitation, you may also be able to recover future medical expenses as well.
• Non-Economic Damages: Non-economic damages are to compensate for some of the more intangible aftereffects of your accident, such as pain and suffering, emotional distress, and loss of enjoyment of life or companionship. These damages are intended to help offset negative impacts on your overall quality of life following an accident.

Determining Fault in a Car Accident Case

West Virginia uses a “fault-based” system of law when it comes to car accidents, which means that whoever is responsible for the accident is financially liable for any damages or loss.

Proving who was at fault is the key aspect of any vehicle accident claim and typically requires you or your Charleston car accident lawyer to gather comprehensive evidence and clearly establish negligence. The core elements that you will generally need to prove include:

• Duty of care: You must show that the other driver had a legal duty to drive safely and follow the road rules
• Breach of duty: You’ll also need to prove that the other driver failed in that duty in some way, such as by speeding, distracted driving, or driving under the influence of drugs or alcohol
• Causation: Causation means showing how the driver’s breach of duty was the direct cause of the accident and how that resulted
• Damages: Lastly, you must be able to prove that you’ve suffered financial losses or injuries as a direct result of the crash

Working with an experienced Charleston car accident attorney is vital to arguing your case effectively. Because of the way fault is determined in the state, this is one of the most important aspects that needs to be given the utmost priority.

How Can a Charleston Car Accident Lawyer Help Following an Accident?

Not only can an experienced attorney help you manage the legal proceedings and fight to prove that you are owed compensation because of someone else’s actions, but they can also help you negotiate with your insurance company.

Despite the high cost of insurance premiums, insurance companies will fight to minimize any payouts they need to make to protect their own bottom lines. In many cases, they may try to downplay the severity of injuries or seek to assign fault that reduces the amount they need to pay out in a claim.

Your legal representation can help you both accurately assess the immediate and future costs of your injuries and related damages, as well as uncover evidence that accurately proves who was at fault for the crash. Working with an experienced attorney can help you avoid common pitfalls like accepting a “lowball” settlement offer that won’t cover your losses or saying something to an insurance adjuster that could be detrimental to your case.

At Forbes Law Offices, our experienced Charleston car accident attorneys are ready and waiting to provide you with the dedicated legal representation you deserve in your time of need.

If you or someone you love was seriously injured in a car crash caused by someone else’s negligent actions, you have the right to fight for the damages you are owed. Give us a call to speak with a Charleston car accident lawyer at our firm today or send us the details of your case through our online form to schedule a free consultation.