Experienced Morgantown Car Accident Lawyers Ready to Assist
Seek justice for car accidents in morgantown and clarksburg
There were hundreds of car accidents in West Virginia last year—and 280 of those crashes were fatal for one or more people. Vehicle accidents can be serious and have far-reaching consequences for everybody involved, including the driver at fault, passengers, and pedestrians.
Whether your personal injury lawsuit involves a simple rear-end collision or a complex situation with a large commercial vehicle (such as 18-wheelers or tractor-trailers), we have extensive experience with these lawsuits. In general, these types of personal injury cases involve determining liability and awarding damages.
When you have been injured in a car accident in Morgantown or the surrounding areas, call (304) 878-7489 or contact us online to speak with experienced car accident lawyers.
What Are the Most Common Causes of Car Accidents in West Virginia?
The most common causes of car accidents in West Virginia include speeding, distracted driving, driving under the influence of alcohol or drugs, reckless or aggressive driving, poor weather and road conditions, and drowsy or fatigued driving. Among these, speeding and distracted driving are leading factors, as they reduce a driver’s ability to respond quickly to hazards. Impaired driving also remains one of the top causes of fatal crashes across the state.
Car accidents can happen for many reasons. Some can be prevented with caution and awareness, while others occur unexpectedly due to factors beyond your control. Understanding the common causes of car accidents in West Virginia can help you stay alert and reduce your risk on the road:
- Distracted driving (texting, eating, etc.)
- Driving under the influence of alcohol or drugs
- Reckless driving (speeding)
- Vehicle defects
- Road hazards
- Inclement weather
- Inexperience behind the wheel
What to do after a car accident in west virginia
Car accidents are stressful. If you have been in a car accident, you should do the following:
- Check yourself, any passengers, and others involved for injuries
- Get the other drivers’ information, including their name, contact information, and their insurance information
- Reach out to the police, fill out a police report, and get a copy of the report
- Take photos and document the scene of the accident, including any injuries and damage to your vehicle
- Gather any eyewitness statements
- Call your insurance company to inform them that you’ve been in an accident
- Reach out to an experienced Morgantown car accident lawyer to discuss your case
Should I get a lawyer for a car accident that wasn't my fault?
Yes, it is generally advisable to hire a lawyer after a car accident that wasn’t your fault. Even if you are not at fault, an attorney can help ensure you receive full and fair compensation for your injuries, medical expenses, lost wages, and other damages. Insurance companies often try to minimize or deny claims, so having legal representation helps protect your rights and strengthens your case during negotiations.
While you’re not required to hire an attorney after a car accident, it doesn’t hurt. Hiring an experienced car accident lawyer will help you get the compensation you deserve and potentially avoid being held responsible for an accident you didn’t cause.
How to File a Car Accident Injury Claim in Morgantown
To pursue compensation after a car accident, you must file a claim with the at-fault driver’s insurance company, your own insurer, or both. In many cases, the insurance company’s first offer is the lowest possible amount, designed to minimize its payout.
If you’ve been injured in a car accident in Morgantown, it’s important to act quickly to protect your rights:
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Report the accident to the police and obtain a copy of the official report.
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Seek medical attention immediately, even for minor injuries.
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Gather evidence, such as photos, witness statements, and medical records.
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Notify your insurance company, but avoid admitting fault.
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Consult a Morgantown accident lawyer who can handle the paperwork, negotiate with insurers, and pursue full compensation for your injuries, lost wages, and other damages.
Don’t accept the first offer from the insurance company — you are likely entitled to much more. An experienced Morgantown car accident attorney can help you protect your rights and fight for the fair compensation you deserve.
How is liability determined after a car accident?
Determining liability after a car accident is often the most complex part of a case. One or more drivers may share responsibility. In some cases, the employer or owner of a commercial vehicle involved in the crash may also be liable. Even individuals not directly involved in the accident—such as those who created road obstructions or visibility hazards—could bear some responsibility.
A vehicle manufacturer may also be at fault if a defect contributed to the crash. You may be considered partially liable, but if another party is more at fault, they can still be held responsible for a portion of your damages.
Liability after a car accident in West Virginia is determined based on fault, negligence, and insurance investigations under the state’s modified comparative fault system. At the scene, police officers gather evidence such as vehicle damage, skid marks, and witness statements to prepare an official crash report indicating probable fault.
Insurance companies then review this report—along with medical records, traffic laws, and other available evidence—to assign a percentage of fault to each driver. Under West Virginia law, an injured party can recover damages only if they are less than 50% at fault. Those found 50% or more at fault are barred from receiving compensation.
Determining fault involves analyzing which driver acted negligently, such as by speeding, ignoring traffic signals, or driving recklessly. In more complex cases, accident reconstruction experts may be needed to clarify how the crash occurred and identify who was responsible.
Ultimately, the percentage of fault determines which party’s insurance will cover damages and how much compensation an injured person may receive.
What Is the Statute of Limitations for Car Accident Claims in West Virginia?
It’s important to file your injury claim before the two-year statute of limitations is over. If you miss that deadline by even one day, you lose out on getting compensation for your injuries. Unfortunately, insurance companies are not obligated to help you settle your claim before the statute expires and they’re also well-aware of the two-year rule.
They know that if your claim is not settled before the statutory clocks runs out, then they won’t have to pay anything. With the help of a Morgantown car accident lawyer from our firm, we can keep the negotiations going until a settlement is agreed upon, before the statute of limitations prevents you from receiving any compensation.
How much can you get from a personal injury settlement?
Once liability has been determined, it’s up to a judge or jury (depending on the type of trial) to award monetary damages. If you were injured in an accident involving multiple at-fault parties, you may be able to recover compensation from more than one person or entity.
The amount of a personal injury settlement in West Virginia varies widely based on the severity of your injuries and other case factors. For example:
- Minor injuries (cuts, bruises) – typically range from $2,000 to $15,000
- Moderate injuries (broken bones, surgeries) – may settle between $20,000 and $100,000
- Severe or long-term injuries (brain trauma, permanent disability) – can result in settlements from $100,000 to several million dollars
Personal injury settlements may involve one or several types of damages:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Percentage of fault
- Insurance policy limits
West Virginia follows a modified comparative fault system, meaning your compensation can be reduced if you are partially at fault. On average, many personal injury settlements in the state fall between $20,000 and $50,000, though catastrophic injury cases can be much higher.
Contact Madia Law Firm for car accident representation
Madia Law Firm is dedicated to helping those who have been injured, wronged, or harmed. We have experience in a wide variety of personal injury and wrongful death cases and can help you obtain the compensation you deserve.
Don’t pay for someone else’s negligence on the road. Contact Madia Law Firm today at (304) 878-7489 for a free consultation with our Morgantown car accident attorneys.
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Our personal injury lawyers in Morgantown, WV have experience handling cases in nearly every county in West Virginia.
Our offices are located in Clarksburg and Morgantown, where we can conveniently serve our communities in places that are close-to-home for our clients.
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We’re Here for You, Get The Help You Need Today!
If you need an attorney, you are no doubt dealing with a difficult situation. It is important to find a lawyer you can trust to represent your case as quickly as possible. The more time your lawyer has to investigate the details of your case, the better prepared they will be to fight for your best interest in court. Our lawyers pride themselves on treating you with honesty and compassion.
We offer free initial consultations for prospective clients who want to file a personal injury claim. During this meeting, we can discuss the accident and provide you with honest feedback on what we believe can be accomplished through legal action.