What happens if multiple drivers are at fault for an accident in West Virginia?
Bridgeport, WV – Some car accident cases have serious complexities. There may be multiple cars involved, and more than one driver could have made a mistake that directly resulted in the crash. In these situations, an experienced attorney can help investigate the situation and use the relevant legal principles to advocate for their client to get as much compensation as necessary to cover their losses.
What kinds of behaviors show fault?
Traffic violations are the most obvious examples of fault in a legal setting. Things like speeding, going through stop signs, drunk driving, and distractions from phones or other technology in the car can be considered negligence. Because these dangerous actions are fairly common, it is possible that more than one driver was engaged in such behaviors at the time of the collision.
Negligence laws
Car accident lawsuits are almost always brought under a theory of negligence. This means that a person was not careful enough and caused harm to others. The elements of negligence include a relevant duty of care, a breach of the same duty, actual causation of the accident, and damages to the victim. This duty of care is based on what any reasonable driver would have done in the same situation by following all relevant traffic laws and regulations. A person who is found to be negligent will have to pay various kinds of compensation to those who they harmed.
Comparative negligence and multiple cars
West Virginia’s comparative negligence laws allow fault for a multiple car crash to be divided between everyone involved to equal one hundred percent. The drivers who are considered to be less than fifty percent at fault can ask for damages, but those who are more than half at fault are barred from collecting anything under a system called modified comparative negligence. The drivers who are partially at fault but able to collect money will have their compensation reduced according to their level of fault.
Under this system, it is possible that multiple drivers can sue each other or be sued by the others involved. However, several people who are injured also may be able to collect some money based on the state’s negligence laws.
Advice from accident attorneys in West Virginia
Kaufman and McPherson is a firm that focuses on motor vehicle accident lawsuits in the state of West Virginia. People who have been injured by another driver can contact their attorneys to schedule a meeting.
USAttorneys.com is a service that works with people who are searching for lawyers in any city around the country. People who are looking for a legal professional who matches their needs can call 800-672-3103 for a referral.
Firm contact info:
16 Sterling Drive, Suite 205, P. O. Box 768, Bridgeport, West Virginia 26330
304-584-6463
wvattorneys.com
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