Auto Accident Injury in Charleston, WV

Have you suffered an injury due to a car accident in Charleston? If so, your life may never be the same again. Injuries from a car accident can interfere with your ability both to work and to enjoy everyday activities. They can also be incredibly painful. As such, you need an auto accident attorney who understands the laws in and around Charleston, WV that will fight for your legal rights and help you receive the financial compensation you deserve.

Auto Accident Injury Statistics in Charleston, West Virginia

According to the National Safety Council, in 2019 about 4.4 million people suffered serious injuries in motor vehicle accidents and an estimated 38,000 were killed. West Virginia’s FY2018 Highway Safety Plan shows the total number of serious injuries in automobile crashes was 1,381 in 2015. This number represents a notable decline of approximately 2,000 serious injuries in just five years, as there were 3,416 serious accident-related injuries in the state in 2008.

Per the Safety Plan, speeding enforcement and distracted driving education may account for much of the improvement. West Virginia has also experienced a sharp decline in fatal car accidents in recent years, with fatal crashes dropping from 432 in 2007 to just 268 in 2015.

Nevertheless, the Mountain State’s car accident fatality rate remains significantly higher than the national average. That is, 1.37 individuals died in West Virginia for every 100,000 miles driven, while the nationwide fatality rate was around 1.16 per 100,000 driven miles in 2018.

What to Do After an Auto Accident

It’s important to be prepared in the event you are a victim of a car accident. Below are the steps to remember immediately after your crash.

Receive Immediate Medical Attention

What is the most important step that you need to take after an auto accident? You need to receive immediate and proper medical treatment. You may believe that the injuries sustained after an auto accident are minor. Proper medical treatment helps ensure that you have not sustained any internal injuries that you may not be aware of.

File a Police Report

Even if no one sustained injuries, you still need to call 911 and request law enforcement assistance. When officers arrive, jot down each one’s name and badge number. Answer their questions honestly, but don’t volunteer any unasked for information, especially your thoughts on exactly what happened or who caused the car accident. Be sure to ask the officers for the number of their police report. Also ask when and where you can get a copy of it, including how much it will cost you.

If you have a car accident in Charleston, West Virginia, and file a report with the Charleston Police Department, you may request a copy of the report in writing. You may also visit the records division to obtain a copy of the report in person. On the other hand, if the state police investigated the crash, you may request a copy of your accident report from their records division. For a simple request, the fee may be as little as $20, although reconstructed accident reports may set you back more than $500.

Gather the Appropriate Documentation

While waiting for officers to arrive after a car accident, collect information from all other drivers involved in the accident, including the following:

  • Full name, address, phone number and email address
  • Driver’s license state and number
  • Auto insurance company name, policy number and phone number

Use your cell phone to take pictures of each driver’s license, auto insurance card, your vehicle and each additional vehicle involved in the car accident. Don’t rely on verbal communication. Having as much information as possible will only help you and your case later on. Try to keep this exchange as civil and friendly as possible. However, do not apologize for causing the accident or indicate in any way that you think you may have caused it.

Recovering Damages After an Auto Accident Injury

After surviving a car accident, the emotional and economic toll it takes can be staggering. You are not only dealing with the mental anguish that comes with being involved in a crash, but you may also be experiencing severe physical harm as well.

Common injuries associated with motor vehicle accidents include:

  • Burn injuries
  • Back and neck injuries, such as whiplash
  • Brain and head injuries
  • Broken bones
  • Spinal injuries
  • Soft tissue injuries

The Centers for Disease Control and Prevention estimates the economic impact of car accidents in West Virginia to have been roughly $417 million in 2018. While the bulk of the financial toll was due to lost work, medical expenses from car accident injuries and fatalities were $3.7 million that year.

Hiring a car accident lawyer ensures you have the financial ability to cover any losses that have occurred as a result of a crash. An auto accident attorney will also help you handle the paperwork that you will have to complete from insurance companies. This boosts your odds of receiving the insurance compensation you deserve.

Auto Accident Laws in West Virginia

Liability Laws for Charleston

When car accidents happen, it is essential to determine who bears responsibility for the resulting damage and medical bills. Determining fault impacts everything from your insurance claim and level of liability to the amount of confusion you may endure during the claims process.

West Virginia is not a no-fault state for purposes of compensating victims of car accidents. Typically, the person who causes an accident or their insurance company must pay for damages. If you want to file a legal claim and bear some responsibility for the accident, though, the state’s comparative negligence statute may reduce your winnable damages.

Statute of Limitations in Charleston

Each state has its own tort laws that determine the statute of limitations on a claim. In some states, this gives you just one year to file a claim in court, while some others may give you up to six years. In Charleston and throughout West Virginia, the statute of limitations for car accident claims is usually two years. While there are some exceptions to this statute, you likely only have two years from the date of the crash to file a legal claim.

This is why it is important to consult with an attorney immediately after your car crash. Don’t wait and risk losing out on any compensation they can recover.

Work With an Experienced Auto Accident Lawyer Near Charleston, WV

After a car accident, you have enough to worry about. We can help you find an auto accident attorney for your unique case. Get the financial restitution that you deserve if you’re the victim of someone else’s conduct.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in West Virginia!

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