Negligent Drivers and West Virginia Car Accidents

If you have been involved in a Clarksburg car accident, you may be thinking about filing a personal injury claim. Contact a Clarksburg personal injury lawyer who can help you determine if a negligent driver played a role in your car accident.

When it comes to negligent drivers, a person can be held liable for any damages that result from their careless driving.
Damages can include property damage or injuries. It must be proven that the other driver failed to exercise reasonable care and that because of this, the victim received damages to their property and/or bodily injury.

Different Types of Negligent Drivers

If you have been involved in a Clarksburg car accident, you may have been the victim of a negligent driver. There are many types of driving behavior which would qualify as negligent, some of which are listed below: 

  • speeding/racing another vehicle;
  • aggressive driving;
  • operating while intoxicated or under the influence of drugs;
  • distraction (talking on cell phone, texting, talking with a passenger, changing dials on the radio, adjusting seat, eating, grooming); and
  • driver fatigue.  


Comparative vs. Contributory Negligence

Negligent drivers can be held legally liable for damages.
In general there are 2 types of negligence that are characterized in a motor vehicle accident, comparative and contributory negligence.

Comparative negligence
has two approaches. Pure comparative negligence is when an injured party is able to recover some damages, even if they are found at fault. 

Modified comparative negligence
is when an injured party cannot recover damages if they are 50% or more at fault for the accident.

When it comes to contributory negligence, this law can prevent an injured party from receiving any damages if they contributed at all to the accident.

If you were involved in a Clarksburg car accident, you should know that West Virginia follows the modified comparative negligence law, also known as the 50% rule.

Recovery of damages can only happen if the injured party was 49% or less at fault for the accident. If the injured party was 50% or more at fault for the accident, no damages can be recovered. 

If you have been involved in a Clarksburg car accident and you believe that someone else's negligence led to injuries or damaged property, contact an injury lawyer in Clarksburg. They will analyze your case to determine if negligence played a part in your Clarksburg car accident.

Contacting a Clarksburg Car Accident 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 over 40,000 car crashes, over 400 deaths, and over 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 the Clarksburg personal injury attorneys at The Miley Legal Group for a FREE consultation - 304-326-1800