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Duffield, Lovejoy, Stemple & Boggs, Attorneys at Law

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When negligence causes you to be injured in a car accident

Sometimes, a car accident happens from being in the wrong place at the wrong time. Most of the time, even if this is the case, the accident took place because of another driver's negligence. You could be going about your day, driving along, and get into a serious accident at the fault of another person on the road. You may have suffered serious injuries, leaving you worried about how you will recover, return to work and replace or fix your vehicle.

Under West Virginia negligence laws, if you were injured in an accident due to someone else's negligence, that party is responsible for the damages. If you were partially at fault, you can only recover damages from the other party for injuries that were caused by their actions or negligence.

Examples of negligence on the road that causes injuries in car accidents can include:

  • Distracted driving
  • Drunk driving
  • Disobeying traffic laws, such as running a red light or not using a turn signal
  • Careless or reckless driving
  • Speeding

If you get into an accident under any of these circumstances, it is important to gather relevant information to help your case. After the accident, if you are able to do so despite your injuries, you should collect:

  • License plate information
  • Names and contact information for any witnesses
  • Photos of the accident scene, and damage to your vehicle, both inside and outside the vehicle
  • Doctor's records describing your injuries from the accident

You should seek medical attention right away after an accident. Insurance companies are known for using the excuse that you didn't seek medical attention right away because you're not as injured as you claim to be.

You should also file a police report at the accident scene. This will help document the name of the other driver, and police can determine what caused the negligence of the other driver, whether they were under the influence of drugs or alcohol, or distracted by something like texting and driving.

If you have been injured in a car accident, you don't have to fight the insurance company alone. Even when people who do everything right in gathering information and reporting it to the insurance company, they can still feel as though they are fighting a battle they cannot win. An experienced personal injury lawyer by your side can help you with paperwork, phonecalls and taking all the steps to make sure you have a fair chance at getting the justice you deserve. Before you talk to an insurance company, ask an attorney how you should proceed. Let an attorney handle the work while you focus on recovering from your injuries and getting your life back on track.

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