To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
An accident involving the front-end of your car hitting another vehicle might seem like your fault, especially if you rear-end someone else. However, a front-end accident can occur because of the behavior of another driver, entirely separate from your actions behind the wheel.
You can also suffer serious injuries because of severe car accidents, resulting in legal damages. Here are some of the legal basics of front-end accidents in West Virginia, and our seasoned car accident attorneys can provide in-depth and specific information about how you could recover compensation.
Most people believe the driver whose front-end hits another vehicle is always responsible for any damage and injuries. Tailgating, road rage, and excessive speed by a driver can certainly cause an accident, but head-on crashes can also come from sources other than that driver.
The driver in front—the one whose car gets hit—might be responsible. A driver in front could cause an accident by:
A driver who gets hit could also drive while distracted, drive while under the influence of drugs or alcohol, or otherwise drive recklessly and cause an accident. If a rear driver in a front-end accident is injured as a result, they could sue for compensation under West Virginia law.
West Virginia law puts responsibility on a person who is at fault for the injuries of another, defining “fault” as the actions or lack of action that cause the injury of another person under West Virginia Code § 55-7-13b. Rather than always blaming one driver in an accident, the law allows for investigation of who might have responsibility.
Generally, that responsibility comes from negligence—the behavior of a person that does not live up to the ordinary care that they should have taken. A driver who suffered injuries in a front-end accident would try to show the other driver was negligent in their driving and caused the accident. Showing this fault requires evidence of several elements:
Importantly, just because an injured driver can show the fault of another driver in a front-end accident does not mean the injured driver’s own actions do not count.
Instead, West Virginia uses a system of comparative fault, which can reduce the damages recoverable by an injured driver. The law allows a judge or jury to assign fault to the injured driver, the allegedly responsible driver, and others, in the form of percentages, and it bars a plaintiff from recovering compensation if their own responsibility exceeds 50 percent.
Not only can an injured driver’s own level of fault decrease their recovery, but the opportunity for filing a lawsuit is restricted. A West Virginia driver injured in a head-on crash has two years from the time of the accident to make a claim, unless special circumstances extend the two-year window.
When you suffered injuries in a front-end accident, you could hold the at-fault driver responsible, even if you hit another car from behind. Having an experienced Personal Injury lawyer can make all the difference in navigating liability, comparative fault, and the statute of limitations.
Discuss your case with Jan Dils, Attorneys at Law and get the answers to any questions you might have about front-end accidents in West Virginia. The consultation is free and you do not pay anything unless we achieve compensation for you.
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