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If you’ve recently been involved in a car accident caused by another driver, you’ll undoubtedly have questions about who should pay your out-of-pocket expenses. Those answers can only come from a knowledgeable Charleston car accident lawyer.
Driving a car comes with an assumption of risk. While you might be a responsible driver who stays focused on the road and obeys traffic laws, you can’t account for all the other drivers.
They might also think they’re driving responsibly, but it only takes one second of distracted driving or speeding through a red light to cause a tragic collision.
At the Forbes Law Offices, PLLC, we have more than 75 years of combined legal experience.
We are a team of passionate litigators and trial lawyers who will always fight for the maximum benefits that our clients are due. In addition to our team of skilled lawyers, we also have a network of dedicated experts that we call on to provide testimony and accident reconstruction evidence to support our client’s version of events.
We can provide the exact type of counsel you need to answer all your questions. As your car accident lawyer in Charleston, we can discuss the best options for moving forward with your claim.
As you go through the accident claims process, it will help you understand the scope of a car accident, what you can expect to be compensated for, and what it takes to prevail.
During our initial consultation, we will ask what happened. In other words, what type of car accident were you involved in? That type of car accident dictates how we proceed with the investigation. Here are the most common types of car accidents:
Many accidents can be attributed to another driver not paying attention to the traffic around them. Whether they don’t have enough braking distance and slam into the car ahead of them or they are recklessly changing lanes without signaling or checking their blind spot, the results can be devastating.
A multi-car accident is often referred to as a pile-up. This occurs when more than one car slams into each other in a single accident. It usually happens when there is ice on the road. As your Charleston car accident attorney, our job is to untangle the collisions to determine which car started the chain.
Because of the size and weight of a commercial vehicle, a collision with one of those rigs often leads to catastrophic wrecks. Truck accidents have added complexity because multiple parties could be named in the accident claim, including the trucking company and the crew that loaded the truck.
A hit-and-run car accident is among the most shocking and upsetting types of accidents.
When a driver collides with another car and then flees the scene, it is extremely frustrating. This can complicate matters when it comes to pursuing a claim, and it might mean relying on your insurance carrier.
That can be complicated if they are hesitant to pay out. You want the Forbes Law Offices, PLLC, to be your legal advocates.
Once you and your Charleston car accident lawyer have determined what happened in the accident, the next step is to determine who is to blame for the accident. This might not always be so cut and dry. West Virginia law (§55-7-13a) dictates that a modified comparative fault standard be applied to car accident claims.
Comparative fault means that both drivers can share the blame for an accident.
However, you are only entitled to recover compensation if your portion of blame does not exceed the other driver. For instance, if it is found that you are 30% responsible for the accident, you can only receive 70% of the final compensation settlement.
All of this means the other driver is going to try to shift some of the blame for the accident to you. However, there are many circumstances where that won’t work. If it can be proven that a driver was under the influence of drugs or alcohol at the time of the accident, they would most likely be 100% at fault for the accident.
There are also specific accident scenarios for which government agencies could be liable.
For example, if a poorly maintained road caused an accident, the agencies tasked with maintaining the road could be blamed. Similarly, if your accident involves a public vehicle like a bus, fire engine, or police cruiser, other agencies could be named as co-defendants in your claim.
Your Charleston, WV, car accident lawyer will have to sort through all the facts and evidence of the accident to determine who should be the designated at-fault party or parties.
Every car is equipped with various safety features, including seat belts and airbags. Unfortunately, sometimes those features aren’t enough to prevent serious accidents.
Here are some of the common car injuries you could be dealing with:
A sudden jolt from another car slamming into your vehicle can instantly strain your neck and back muscles, leading to pain, stiffness, and limited mobility.
If the accident causes your head to strike your car’s side window, steering wheel, or dashboard, you could suffer a traumatic brain injury. That can present in a mild form, from a bump on the head to a concussion to long-lasting brain injury that causes cognitive and physical challenges.
A spinal cord injury can result in partial or full paralysis. That can lead to ongoing surgeries and extensive care. It might even prevent you from returning to work.
Broken bones are common in car accidents. These injuries may require surgery and extended recovery periods that can impact your ability to work.
In addition to all the potential physical injuries you can sustain in a car accident, you can find yourself dealing with mental health issues such as anxiety, depression, or PTSD. Those conditions require ongoing therapy to help develop coping mechanisms.
If you have been injured in a car accident that another driver caused, you are entitled to compensation for economic and noneconomic damages. The economic damages would cover your expenses for all your current and future medical bills. That includes doctor visits, surgical procedures, hospital stays, physical therapy, medications, and medical supplies.
You would also be entitled to recover lost wages for the time you missed at work while recovering.
Your noneconomic damages would be all the things that can be quantified with a bill or receipt. This speaks to the amount of pain and suffering you’ve endured as a result of your injuries.
It also includes how your quality of life has diminished as a result of the accident. In the most severe accident that involves a wrongful death, the surviving family members are entitled to seek out these damages.
Finally, you might be entitled to punitive damages. These are meant to punish the at-fault party directly and discourage others from engaging in the same type of behavior. A jury typically awards punitive damages in an official lawsuit.
Every driver is required to cover liability insurance. That insurance is meant to provide compensation if the driver causes injury or property damage to another driver. The West Virginia Division of Motor Vehicles (DMV) sets the following as the current minimum amount of coverage:
Although these are the minimums, drivers can opt to pay higher premiums for higher coverage.
That is important to note because an insurance company is only obligated to pay the limits of their policy. For instance, if you crash with another driver and your car’s value is $30,000, but they only carry the minimum coverage, you would be out of pocket for $5,000.
Does that mean you can’t recover that money? The best option might be to coordinate with your Charleston car accident lawyer and file a civil lawsuit for what you are owed. If you go down that path, you can only sue the driver for that outstanding amount. You can’t get what the insurance company has paid you as well.
As with any other profit-based business, insurance companies are focused on their bottom line. The less that pay out in claims, the better it will be for their profits. That means they have an arsenal of tactics they can deploy in order to minimize what they pay out.
Here’s what they could try:
After an accident, insurers may rush in with a quick settlement offer. It could be a substantial number that comes in a lump sum. The problem is that if you accept the offer, you won’t be able to go back for any additional expenses that might arise.
That’s why you need to think carefully about what you accept. It is also an important issue to speak with your car accident attorney.
The medical bills for your injuries and repair costs for your car will come in right away, and those folks expect to be paid just as quickly. Unfortunately, an insurance company is not always in a hurry to pay a claim.
They could delay responding, which adds pressure on you to settle for an amount that is less than you deserve.
The final tactic is an outright denial of the claim. The insurance carrier might side with their policyholder and blame you for the accident. They might also feel as though your injuries aren’t worth the amount you’re asking for.
A denial allows you to accept a previous lowball offer or file a civil lawsuit. When the case is strong, the attorneys working at Forbes Law Offices are fully prepared to take on any insurance carrier in court. That might delay the final outcome, but it might be the only path to ensure you get what you deserve.
Recovering from a car accident takes up a lot of emotional space. You have to focus on your rehabilitation from injuries, dealing with the loss of work, and contending with all your car issues. That can take a toll on you and your family. That is why you need a strong advocate fighting to get you the compensation you deserve.
Forbes Law Offices, PLLC, can be that advocate.
If you or someone you love has been hurt in a car accident, we want to hear what happened. Call to set up a free consultation. You can share your story and evidence, and we’ll discuss the next steps. You don’t have to take on the burdens of filing an insurance claim alone.
Call us or fill out the form below to tell us about your potential case and a
personal injury lawyer will get back to you as quickly as possible.
