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How is fault determined in a West Virginia Car Accident?

Posted in Car accident,Uncategorized on June 30, 2014

If you have been injured in a car accident, you may be wondering what recourse you have. In each case, there are certain facts that must be proven, both on how the accident happened and on what injuries you may or may not have. One of the first facts that must be established in a car accident case is who caused the wreck.

First and foremost, it is important to establish fault to determine whether or not it is worth pursuing your potential claim. When a person rear ends another individual, it is easy to assume that the person who rear-ended the vehicle in front is at fault. While this may be true, fault still must be established. In these types of situations, we will often first look to the accident report prepared by the police. Many times, the police will give a citation to the driver who is determined to have caused the wreck. If the police officer does not give the at-fault party a citation, often, the police office will still indicate on the police report who caused the wreck.

In other situations, cases may be more complex and require additional analysis. In these situations, an accident reconstruction expert may be utilized. This type of expert will study things like the speed of both vehicles, the damage on both cars, the impact locations on the cars, and skid marks on the road to determine who was at fault for the wreck. Often this analysis will allow an expert to conclude that the defendant caused the wreck and can also establish the speed and certain safety violations that occurred to cause the wreck.

In some situations, it may be determined that you were partially at fault for the wreck. However, simply because you may be partially at fault for the wreck does not always mean that you caused the wreck nor does it mean that you are barred from filing a claim against the other drivers. The cause of an accident is not always crystal clear and while sometimes both parties share responsibility for the collision, this does not mean that both parties share the blame equally. One party is almost always more negligent than the other party and it is our job to determine that you are not the party most at-fault for the collision.

The attorneys at the Manchin Injury Law Group understand how fault is determined and how to present a case to a jury. If you have been injured in a car accident, contact us today for a free evaluation of your potential claim.