To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Even at low speeds, auto collisions have the potential to inflict severe physical injuries, jeopardize your ability to earn a living, and lower your quality of life. Huntington’s location, where I-64, U.S. Route 60, and several state highways converge, means local drivers face a steady mix of interstate traffic, downtown congestion, and cross-river commuters heading into Ohio. A Huntington car accident lawyer at Jan Dils, Attorneys at Law can help you pursue fair compensation after a crash caused by someone else’s negligence.
While drivers who are at fault for avoidable accidents must provide compensation to affected parties, the burden falls on the injured person to prove that fault and demonstrate how the crash has affected their life. Our Huntington car wreck lawyers can help you build both parts of that case, from gathering evidence at the scene to calculating the full value of your losses.
Whether you are searching for an auto collision attorney after a highway crash or a car accident lawyer in Huntington, WV, after a downtown fender bender, our team can review the details of what happened and explain your options.
Interstate 64 through Cabell County sees frequent multi-vehicle crashes, particularly around the Hal Greer Boulevard, 29th Street, and Merritts Creek exits, where merging traffic and lane changes create regular conflict points. U.S. Route 60, which runs through downtown Huntington along 3rd and 5th Avenues before continuing east toward Barboursville, carries heavy local traffic in addition to its role as part of the Midland Trail scenic route, and its downtown signalized intersections are common sites for red-light and left-turn crashes.
The Robert C. Byrd Bridge, connecting downtown Huntington to Chesapeake, Ohio, adds a steady stream of cross-river commuter traffic, and the West Huntington Bridge carrying U.S. Route 52 into Ohio does the same on the west side of the city. Because Huntington sits close to both the Ohio and Kentucky state lines, our West Virginia car accident attorneys regularly encounter cases involving drivers insured in a neighboring state, which can add complexity to determining where a claim should be filed and which state’s insurance rules apply.
We are familiar with these cross-border patterns and can help sort out these questions early rather than leaving them unresolved until a claim is already underway.
Huntington’s population includes a large concentration of Marshall University students and staff, and the surrounding streets see heavier pedestrian, bicycle, and vehicle traffic during the school year than in the summer months.
Our Huntington distracted driving accident lawyers see recurring patterns in this part of the city:
Streets like 5th Avenue and Hal Greer Boulevard, which run through the heart of campus, see a disproportionate share of these incidents given the volume of foot and bicycle traffic mixing with cars during class changes.
If you were hurt by a driver who left the scene, West Virginia law still requires that all accidents involving injury or property damage be reported, and an insurance claim can still move forward even when the at-fault driver was never identified, through your own uninsured motorist coverage. Prompt reporting and photographing the scene make a real difference in these cases, since a delayed report gives an insurer grounds to challenge the claim later.
Impaired driving remains a significant cause of serious crashes in and around downtown Huntington, particularly late at night near the city’s restaurant and entertainment districts. A Huntington drunk driving accident victims lawyer can pursue compensation not only from the at-fault driver’s insurance but, in some circumstances, may also be able to pursue a claim against a bar or restaurant that continued serving a visibly intoxicated patron under West Virginia’s dram shop principles.
An auto crash attorney reviewing one of these cases will typically request the at-fault driver’s blood alcohol results and any body camera or dashcam footage from the responding officers as early as possible.
Drunk driving cases often have both a criminal component, handled by the prosecuting attorney’s office, and a separate civil claim for compensation. The criminal case does not resolve your right to recover damages, and evidence developed in the criminal proceeding, such as a blood alcohol reading or field sobriety test results, can often strengthen the civil claim as well.
The law in Huntington assumes that every collision involving a motor vehicle is someone’s fault. An injured person’s first priority after receiving appropriate medical care should be gathering evidence to help prove that another driver was responsible for the crash.
According to West Virginia Code § 55-7-13a, local courts apply modified comparative negligence to attribute fault for a car accident. This means a judge or jury must consider the actions of every party and assign blame accordingly, and the court will reduce an injured person’s award by their assigned percentage of fault. If a claimant’s percentage of liability reaches 50 percent or more, the court will dismiss the case entirely. This makes it crucial to let an attorney help prove that another driver bears the primary responsibility for a crash.
Compensation in a car accident case generally falls into two categories. Economic damages cover the quantifiable financial losses tied to a crash, including:
Non-economic damages address the personal toll of an injury, including:
West Virginia does not place a general cap on either category of damages in a standard car accident case.
Unfortunately, insurance companies often ask injured parties for an official recorded statement in an attempt to limit their own liability. This can pressure people into saying something that is later used against their claim, and it can lead to an inadequate settlement offer if accepted too quickly. An auto accident lawyer in Huntington, WV can deal with insurance adjusters on your behalf so you are not put in that position while you are still recovering.
If you need a lawyer for a car accident involving a rear-end collision, a T-bone crash at a downtown intersection, or a highway pileup on I-64, the evidence-gathering process looks different in each case, and an auto wreck attorney familiar with all three can adjust the approach accordingly.
If a car accident case cannot be resolved through negotiation, a lawsuit is generally filed in the Cabell County Circuit Court. This is distinct from the Huntington Municipal Court, which only handles traffic citations and municipal ordinance violations rather than civil injury claims. WV Code § 55-2-12 gives an injured person only two years from the date of a car accident to initiate civil litigation, and hiring an attorney as quickly as possible gives accident victims the best chance of meeting every procedural requirement along the way.
Because Huntington sits at the meeting point of West Virginia, Ohio, and Kentucky, some cases require additional care to determine proper jurisdiction, particularly when the at-fault driver lives out of state, or the insurance policy was issued elsewhere. An experienced local attorney can sort through these jurisdictional questions rather than leaving an injured person to guess at the right venue.
Report the crash to police immediately, and photograph anything that might help identify the vehicle, such as debris, paint transfer, or nearby surveillance cameras. Contact your own insurance company to begin an uninsured motorist claim, since this coverage can apply even when the at-fault driver is never located.
Yes, as long as your assigned percentage of fault is less than 50 percent. Your compensation will be reduced by your percentage of responsibility, but you are not automatically barred from recovering.
Crashes involving out-of-state drivers are common in Huntington given its location near both borders. A knowledgeable attorney can determine which state’s laws apply and where your case should be filed to protect your right to compensation.
West Virginia’s statute of limitations generally gives injured drivers two years from the date of the crash to file a lawsuit. Waiting too long can mean losing the right to pursue compensation altogether.
Crashes near campus often involve additional witnesses, including students and staff, along with a higher likelihood of nearby business or traffic camera footage. Gathering contact information for anyone who saw the crash, even bystanders on foot, can strengthen your claim if fault is later disputed.
Car accidents can be devastating and have the potential to change every part of your life. Let a Huntington car accident attorney at Jan Dils, Attorneys at Law take the lead in protecting your right to compensation. Contact us today to learn more.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
