Sometimes, the cause of a car accident is glaringly obvious. If someone runs a red light and causes an accident, then they can be held financially responsible for the victim’s losses. But what happens if it seems like both drivers might have contributed to the crash?
In these situations, West Virginia’s modified comparative fault rules come into play. Essentially, as long as you were 50% or less responsible for an accident, you can still recover money for your losses. Your total recovery will then be reduced by the percentage of fault assigned to you. Our West Virginia personal injury lawyers will work hard to help you get the compensation that you deserve for your property damage, medical bills, lost wages, pain and suffering, and other losses.
At Johnstone & Gabhart, we are fierce advocates for West Virginians who have been hurt in all types of accidents. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Contact our law firm to learn more or to schedule a free initial consultation with a West Virginia car accident attorney.
What Is Shared Fault?
West Virginia car accident claims are usually based on a theory of negligence or carelessness. A person is said to be negligent when they fail to use the level of care that a reasonable person would use in a similar situation. A car accident lawsuit may also be brought for intentional or reckless behavior, like drunk driving.
Fault is determined in a car accident claim through an examination of the evidence. Our West Virginia car accident attorneys will investigate the cause of your accident to prove that the other driver was responsible for the wreck. This may include interviewing witnesses, reviewing accident reports, analyzing photos and videos of the accident scene, and gathering your medical records.
In many cases, fault is relatively simple to prove. For example, if you were stopped at a red light when another driver slammed into the back of your vehicle, they would be responsible for the rear-end accident. If the other driver was on their phone when they swerved out of their lane and side-swiped your car, then they will be liable for the distracted driving collision.
Of course, there are also situations where fault is not so clear-cut. There may even be cases where more than 1 person shares some blame for an accident. This is where the concept of shared fault comes into play.
Shared fault, or comparative negligence, is a legal concept that recognizes that a victim in a car accident case may bear part of the blame for the crash. For example, consider a situation where one driver pulls into an intersection without checking that the coast is clear and is t-boned by a driver who was speeding through the intersection. In this case, both drivers bear some responsibility for the accident.
The way that comparative fault works is relatively straightforward. A judge or jury will assign a percentage of fault to each driver in an accident. The accident victim’s total recovery will then be reduced by the percentage that they were at fault.
There are a few different comparative fault schemes, which vary by state:
- Pure comparative negligence: an accident victim can recover compensation for their losses even if they were 99% responsible for the collision. However, a court will reduce their recovery by their share of the fault.
- Modified comparative negligence: an accident victim can still file a lawsuit and recover damages, but only if they were no more than 50 or 51% at fault, depending on the state. Again, the victim’s damages will be reduced by their percentage of fault.
- Contributory negligence: only a few states follow this rule, which bars recovery for accident victims if they contributed to an accident in any way.
West Virginia follows a modified comparative negligence rule. In West Virginia, you cannot be more than 50% at fault for an accident to recover damages in a car accident case. If you are 51% or greater responsible for a collision, then you will not recover any money for your losses.
For example, consider a situation where you suffered $100,000 in total losses in a West Virginia car accident case. If a jury determines that you were 15% at fault for the accident, then your recovery will be reduced by $15,000 to $85,000. If a jury decides that you were 55% responsible for the crash, then you won’t be able to recover a single penny of your $100,000 in losses.
Comparative negligence can be complicated, particularly in cases where there might not be objective evidence that establishes the cause of a crash. Our West Virginia car accident lawyers will work with experts to prove that the other driver was responsible for your crash. We will fight to get you the full compensation that you deserve for your losses.
How Shared Fault Is Determined in a West Virginia Car Accident Case
As described above, West Virginia’s modified comparative negligence rule can impact the total amount of money that you recover for your car accident case. But how exactly is shared fault determined?
West Virginia’s comparative fault rule requires both judges and juries to assign fault in a personal injury claim. This number will then be used to calculate the accident victim’s recovery if they prevail at trial. A judge or jury will decide who is at fault based on the evidence presented in the case.
However, the vast majority of personal injury lawsuits never make it to trial. Instead, most car accident claims are resolved outside of court, through negotiation. If you file a car accident claim in West Virginia, there is a good chance that you will receive a settlement rather than going to court to have a judge or jury hear your case.
That being said, modified comparative negligence is still a factor in negotiations. Insurance companies always want to pay out as little as possible on car accident claims. Whenever possible, an insurance adjuster may try to argue that you were somewhat at fault – and therefore your settlement should be for far less money than you are entitled to under the law.
There is no purely objective way to assign fault in a car accident case. Instead, these calculations are often part of the negotiation process. Each side will use their own experience and knowledge of similar cases to argue for either a greater or lower percentage of shared fault.
As seasoned West Virginia car accident lawyers, our job is to get you top dollar for your claim. This means putting together the strongest possible factual and legal case for compensation. We will never simply accept the insurance company’s evaluation of your claim without doing a thorough investigation and analysis of our own.
For example, an insurance adjuster might claim that you were 30% at fault for an accident. However, we have collected witness statements and photos and videos of the accident scene that prove that you were, at most, 15% responsible for the crash. We will use that evidence and the opinion of an accident reconstruction expert to argue for a more favorable settlement.
In every case, we will work tirelessly to get you maximum compensation. We know that any driver can make a mistake, but that shouldn’t mean that they don’t get money for their losses in a crash that was primarily caused by another driver. Reach out today to talk to a member of our legal team about your car accident claim.
Hurt in a WV Car Accident? Give Our Law Offices a Call.
Shared fault makes sense as a concept, as it is a way to ensure that compensation in car accident cases is handled fairly. However, it can also be a tool for insurance companies to try to unjustly reduce your compensation. Our law firm will advocate for your right to full compensation in a West Virginia motor vehicle accident case.
Based in Charleston, Johnstone & Gabhart represents clients throughout West Virginia. We use our experience and knowledge of WV law to get our clients the best possible outcome. To learn more or to schedule a free consultation with a West Virginia car accident lawyer, give us a call at 304-343-7100 or fill out our online contact form.
