West Virginia Auto Accident Laws 2017-07-14T16:56:31+00:00

West Virginia Auto Accident Laws

We’re about to tell you everything you ever wanted to know and more if you were in a car accident in West Virginia.  You’ll learn what you need to do after your accident and what the average settlement is for a car accident West Virginia.

How Long Do I Have To File A Lawsuit After My Car Accident?

After you’ve regained your composure after your car accident, you will want to reach out to a lawyer.  In West Virginia you only have 2 years  from the date of your car accident to file a lawsuit.  This is the same whether you are seeking damages for personal injury or property damage.  These two years go by quicker than you expect and it is recommended to get the ball rolling as quickly as possible.

The one exception to this is if your accident involved any type of government vehicle.  In this case the laws are different but you will need to file quickly in this case, often within 90 days of your accident.

Comparative Fault Rules In West Virginia

If you’ve been hurt in an accident West Virginia, the law determining your compensation is called “comparative fault.”  It’s often tough to determine whose at fault for an auto accident and sometimes each party is at fault.  This law means that each driver will be determined to be a certain percentage at fault for an accident and paid out accordingly.  Let’s look at an example.

Assume you are in an accident and between injury, lost wages and medical bills the total is $50,000.  If the jury after looking at the evidence determines that  the other drive is 80% at fault you would get $40,000 which is 80% of the total $50,000 number.  If you are deemed to be more than 50% at fault you will automatically not be eligible for any settlement.

If you have any questions that you are looking for further details, please visit West Virginia’s Department of Transportation website here

What’s The Average Settlement For A Car Accident In West Virginia?

If you’d like to see how much your accident settlement may be worth, please fill out this form and a West Virginia attorney will reach you shortly.