If you are hurt by a reckless driver while traveling in West Virginia, you may be entitled to compensation. A financial award may help pay for medical bills, lost wages and other damages incurred because of another person’s actions. However, there are many elements that must be established before you can obtain a financial award.
Strong evidence is crucial
You may be able to use medical bills, a doctor’s note or other evidence suggesting that the defendant acted in a negligent manner. Witness statements, toxicology reports and a police report might also support your assertion that you were struck by a car being operated by a drunk, fatigued or distracted motorist. Photos or videos taken at the crash scene may also be used to strengthen your case whether it is resolved through a settlement or at trial.
You may be partially responsible
It’s worth noting that you have a duty of care to prevent an accident regardless of what other motorists do. This means that you could be partially or wholly liable for a crash if you operated your car while distracted or failed to stop at a red light prior to a wreck taking place. You may also be cited if you don’t have insurance, were driving too fast for road conditions or took other actions that might have contributed to your car accident injuries.
A motor vehicle accident may result in significant injuries or property damage. In some cases, it may not be possible to go back to work or use your vehicle for several weeks. While most cases are resolved through negotiated settlements, you do have two years after the date of your accident to file a lawsuit.