In many cases, it is obvious who is at fault in a car accident. For example, running a red light or rear-ending a vehicle are both fairly straightforward situations when it comes to determining liability. However, there are some cases where it can be more difficult to argue who is at fault for an accident.
West Virginia follows a modified comparative negligence system for determining fault after a car accident: the 50% rule system. This means that if you are found to be 50% or more at fault for your accident, you will not be able to recover any damages. However, if you were 49% or less at fault, you may be eligible to recover damages. The amount of compensation you can recover will be altered based on the percentage of your fault. The lower your percentage, the higher the amount of damages you can potentially obtain.
Insurance adjusters negotiate percentages of fault based on the available evidence, which is why it’s so important to make sure you gather as much evidence as possible after your accident – including photographs, witness testimonies, and more. Our experienced Morgantown car accident lawyers can help you investigate every aspect of your accident to build the strongest possible case on your behalf. If your case goes to trial, a jury will be responsible for assigning percentages of fault.
If you have been involved in a car accident in the Charleston, Parkersburg, or Morgantown areas of West Virginia, please contact Jim Leach, L.C., today or call 304-865-8530 today to speak with one of our experienced Morgantown car accident attorneys. We offer free phone consultations.