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Phone: 304.931.4088
The Miley Legal Group

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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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What determines who is responsible/liable for my West Virginia car accident?

There are several factors which can determine who is responsible or liable for a Clarksburg car accident, but the most common one is West Virginia traffic law. In most cases, if a driver violates a traffic law and a collision occurs, they are to blame for the accident. If both drivers commit a traffic infraction, they may both be partly responsible for the ensuing accident.

Rear-End Collisions

Sometimes, West Virginia car accident liability is easily determined. In almost all rear-end collisions, the driver who rammed into the back of another vehicle is responsible. The most notable exception is when a "chain reaction" collision occurs involving two or more rear-end accidents. In that case, the driver who initiates the chain reaction is held liable for all of the ensuing damage.

Left Turn or U-Turn Accidents

Also, accidents involving left turns or U-turns are usually the fault of the driver making the turn. This is because the law states that turning vehicles must yield the right of way to all oncoming traffic.

The Importance of Gathering Evidence After a Crash

It is important to realize that in West Virginia car accident cases, there may be a discrepancy between what actually happened and what you can prove took place. That's why it's important to take steps to obtain proof that you were not at fault in an accident. These steps include: 

  • calling the police (who will make a full accident report);
  • finding witnesses to the accident and getting their statements; and
  • photographing your injuries and the damage to your vehicle.

You should also notify your insurance company about your car accident. If you are worried that you will not be treated fairly by the insurance company or the other party involved in the accident, you should consider contacting a qualified Clarksburg personal injury lawyer.

Choosing a Clarksburg Personal Injury Lawyer

Unfortunately, car accidents are a regular occurrence on West Virginia roadways such as I-79, I-77, Route 50, Route 33, and I-68. In fact, our state averages more than 40,000 car crashes, more than 400 deaths, and more than 11,000 serious injuries each year. If you or a loved one has been seriously injured in a West Virginia car accident, order a FREE copy of our consumer guide, The 7 Biggest Mistakes that Can Wreck Your West Virginia Car Accident Claim then contact a Clarksburg personal injury lawyer at The Miley Legal Group for a FREE consultation - 304-326-1800

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