Charleston Distracted Driving Accident Lawyer

Charleston Distracted Driving Accident Attorney

If you’ve suffered after a crash caused by distracted driving, you’ll need to contact a Charleston distracted driving accident lawyer to represent your case. Trying to navigate a legal case by yourself can be overwhelming, especially for those suffering injuries.

The attorneys at Wooton, Davis, Hussell & Johnson, PLLC, are known for their efficiency and determination in client cases.

Hire a Distracted Driving Accident Lawyer That Locals Trust

As of 2023, West Virginia had 260 deaths due to car crashes. These deaths are often caused by easily avoidable actions, such as speeding or drunk driving. With the uptick in smart devices, distracted driving has caused more and more accidents as the years go by.

Here at Wooton, Davis, Hussell & Johnson, PLLC, our attorneys know how devastating accidents can be for those involved. Not only are you healing from physical injuries, but you may be struggling to overcome mental injuries, too. With over 130 years of combined professional experience, our team is here to help you during this difficult time.

Steps to Take After a West Virginia Car Crash

In 2023, police in Charleston shared a list of the five places with the most car crashes. The most dangerous area was the 58-mile marker on I-64, which had 146 crashes.

Another dangerous area was the intersection of Lee Street and Pennsylvania Avenue, which had 36 crashes. Washington Street and Pennsylvania Avenue have had 34 crashes in 2023, including one death. Oakwood and Pennsylvania had 27 crashes. Randolph and Pennsylvania had 23.

Knowing what to do after a crash can not only save your life but also protect your legal rights if you decide to pursue a case. You’ll want to:

1. Call 911 and seek medical attention. Even if you feel physically okay, some injuries may not present symptoms until it’s too late. Internal bleeding and concussions are common crash injuries, and adrenaline may make you feel fine.
2. Get the contact information and insurance information from the other party involved in the car accident. If they refuse to cooperate, don’t argue with them. It’ll escalate matters and make things worse for you. Instead, wait for law enforcement to arrive, and they can collect the information on your behalf. If the other driver tries to flee after the crash, take a photo of their car and license plate number to give to the police.
3. Get the names and phone numbers of anyone who witnessed the accident happen. Your lawyer will be able to get their official statements later on.
4. Hire a distracted driving accident lawyer to help you navigate the next steps.

During this time, be sure to avoid apologizing or admitting any guilt in the accident. While you may have good intentions in doing so, it’ll only hurt your case and be used against you later on.

West Virginia Car Accident Laws

West Virginia uses a modified comparative fault system when determining compensation in a car accident case. In Charleston, these cases are usually overseen by the Kanawha County Circuit Court, located at 111 Court Street. There, both sides will be able to present their evidence supporting their side of things.

Using this evidence, the court will assign a percentage of fault to every party involved in the crash. They understand that victims are typically not blameless, and even small mistakes can contribute to an accident.

However, this also means that any compensation you receive will be reduced by your percentage of fault.

For example:

• If the other driver ran a red light and hit you, they may be assigned 70% fault for the crash.
• If you were found to be speeding at the time of the incident, you may be assigned 30% fault.
• If you’re awarded $100,000 as compensation, it would be reduced by 30%, making your total amount $70,000.

While this final amount may seem like a lot, medical bills and missed work add up; your lawyer will be able to factor in your estimated percentage of fault when filing your compensation request with the court.

FAQs

What Evidence Can I Collect to Help My Car Accident Case?

Having as much evidence as possible can only help your case. Evidence can include photos and videos taken at the time of the crash. Be sure to take photos of the crash site, including any skid marks or property damage. Photos or any visible injuries and damage to your vehicle and personal belongings are recommended. Dashcam and traffic camera footage can be collected to show courts what happened during the incident. Your lawyer can contact witnesses and professionals for testimonies.

How Long Do I Have to File My Distracted Driving Accident Claim in West Virginia?

In West Virginia, there’s a two-year deadline for filing a car accident claim. This timeline may seem long, but your medical bills and other losses add up quickly. Filing early can also help to preserve evidence, as it can be harder to gather as time goes by. If you don’t file within two years, courts will most likely dismiss your case and bar you from any compensation.

What Types of Compensation Can I Get?

While the compensation awarded to victims can vary depending on their specific case, the final amount is based on the real losses suffered after a crash. Economic damages are easy to calculate, as they’re based on monetary losses, such as medical bills, property damage, or lost wages due to missing work from your injuries. Non-economic damages are more subjective but just as important. They can cover losses like pain and suffering. These types of damage don’t have a limit.

What Are Punitive Damages in a Car Crash Case?

Punitive damages are a specific type of damages awarded to victims if the guilty party was found to be acting with extreme malice or recklessness. These damages are added on top of regular damages and are meant to further punish the guilty driver. It’s also used to deter future similar behavior. However, there’s a limit to these damages. The amount can’t be more than four times the amount of regular damages or $500,000, whichever is higher.

Experienced Personal Injury Law Firm in Charleston, West Virginia

Contact Wooton, Davis, Hussell & Johnson, PLLC, today to learn how we can help you. When you come into our office for your first appointment, you won’t be treated as just another case number. Our attorneys put respect and compassion at the forefront when meeting new clients.