In life, things are rarely straightforward. The same can also be true for the law, particularly when it comes to personal injury cases. In some car accident claims, more than one person is responsible for the collision.
Under West Virginia’s modified comparative negligence rules, an accident victim can still recover for their losses as long as they were 50% or less responsible for the crash. Their total recovery will then be reduced by the percentage that they were at fault for the accident. Our seasoned West Virginia car accident attorneys can help you get maximum compensation for your injuries, including in cases where the at-fault driver claims that you were partially to blame.
At Johnstone and Gabhart, we advocate for the rights of accident victims throughout West Virginia. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Charleston personal injury lawyer, contact our law offices today.
What Is Shared Fault?
Whenever something bad (like a car accident) happens, there are situations where one person is to blame. In other cases, however, more than one person might have contributed to the problem. This type of scenario is why West Virginia’s personal injury laws recognize shared fault.
In West Virginia, this legal principle is known as modified comparative fault (or negligence). Essentially, this rule holds that you can still recover compensation for your losses in an accident even if you were partially at fault. As long as you were 50% or less at fault, you can pursue a legal claim. Your total compensation will then be reduced by the percentage that you were to blame for the crash.
For example, consider a situation where a driver hit your car as they turned left onto a busy street. The other driver was at fault for the accident, as you had the right of way and they failed to look and make sure that the way was clear before making the turn. However, you were travelling above the speed limit, driving 60 in a 45 zone.
Here, you might be 20% responsible for the crash. The other driver was mostly responsible, but if you hadn’t been speeding, you could have avoided the collision. If you suffered $100,000 in damages, then you’d recover $80,000 (or $100,000 minus 20%, or $20,000).
Who Determines Fault in a West Virginia Comparative Negligence Case?
Under West Virginia law, the trier of fact decides fault. This typically means that a jury will assign a percentage of fault for the plaintiff (injury victim), the defendant (at-fault driver), and any people who may not be a party to the lawsuit. If a plaintiff elects to have their case heard by a judge rather than a jury (known as a bench trial), then the court will determine fault.
This decision is made at the conclusion of the trial. Each party will have the opportunity to present evidence, question witnesses, and make arguments. The judge or jury will then weigh all of the evidence before deciding what percentage of fault each party should be assigned.
In these cases, the burden of proof of establishing comparative fault is on the person who is seeking to prove it. Typically, this means that the defendant will have to introduce evidence that the plaintiff was somehow at fault for the accident. In some cases, the defendant may also introduce evidence that a third party (someone not named in the lawsuit) was actually responsible for the crash.
If a jury does determine that the plaintiff was at least somewhat at fault, then their recovery will be reduced by the percentage of the blame that they were assigned. This percentage could be up to 50%. If a jury determines that a plaintiff was 51% or greater at fault, then they can’t recover for their accident.
This rule may seem harsh, but it is designed to more accurately reflect how these accidents happen and who should be held responsible. Think of it this way: if you were in a car crash caused by another person and they tried to sue you for it, you wouldn’t be happy. The modified comparative negligence rule tries to balance protecting plaintiffs with protecting defendants by allowing a civil lawsuit to move forward as long as the plaintiff was 50% or less at fault.
Of course, most personal injury lawsuits are resolved outside of court. If your case doesn’t go to trial, then shared fault won’t be decided by a judge or jury. Instead, it may become part of the bargaining process when negotiating a fair settlement.
Why Comparative Negligence Rules Matter
As anyone who has ever dealt with an insurance company knows, these mega corporations are in business to make money. One of the ways that they do this is by paying out as little as possible on legitimate claims. In some cases, this includes attempting to argue that an accident victim was actually at fault for the crash.
Insurance companies may make this argument even if they don’t have much evidence to back up the claim. This is often used as a negotiating tactic as a way to get you to settle a claim for far less money than you deserve.
There are a few ways to fight back against these unscrupulous tactics. First, you should never give a statement to the at-fault driver’s insurance company or sign any paperwork without talking to a lawyer first. Anything that you say to the adjuster can be used against you, which includes for an argument that you were actually to blame for the accident.
Second, you should hire a Charleston car accident attorney as soon as possible to represent you. A lawyer will handle all communications with the insurance company on your behalf. This reduces the risk that you will say something that may undermine your case.
Your attorney will also fight back against any attempt to mischaracterize the accident. They won’t simply accept that you must have caused the accident somehow. Instead, they will perform an independent investigation, talking to witnesses, reviewing accident reports, and gathering other evidence, such as photos and videos of the accident scene.
Throughout the process, your lawyer will advocate for your best interests to help you get the best possible outcome. This may include negotiating a lower percentage of fault as part of a settlement agreement if you were somewhat at fault. If you weren’t to blame, your attorney will fight for your right to full compensation.
The best way to get a fair settlement is by working with a skilled West Virginia car accident lawyer. Our law firm will fight to get you the money that you deserve for your injuries and will never simply accept an insurance company’s characterization of your fault. If necessary, we will take your case to trial to get you the best possible outcome.
Help for WV Car Accident Victims
If you have been hurt in a car crash, you might be entitled to financial compensation for your losses, including property damage, medical bills, pain and suffering, and more. While the insurance company may try to reduce your settlement because of shared fault, our job is to push back against these claims and get you the money that you deserve for your injuries.
Based in Charleston, Johnstone & Gabhart fights for the rights of accident victims. We won’t back down from a challenge, working tirelessly to get our clients the money that they deserve for their injuries. To learn more or to schedule a free consultation with a West Virginia car accident attorney, call our law firm at 304-343-7100 or fill out our online contact form.
