Grafton, WV Car Accident Lawyer

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Regardless of the type of car accident you have been involved in, you are likely suffering from serious injuries. These injuries require extensive medical treatment, and you may have to miss work to receive that treatment and focus on your recovery. You should not be responsible for these losses if someone else was to blame for your crash. Our Grafton car accident lawyer can provide the legal advice you need to obtain the full settlement you deserve.

Types of Car Accident Cases We Handle

Our Grafton car accident lawyer handles many different types of car accident cases. These include:

  • Head-on collisions: A head-on collision occurs when the front of two vehicles crash into each other, often at a high speed. While these types of car accidents are not as common as others, they are usually more fatal than other types of collisions.
  • Rear-end collisions: Rear-end collisions occur when the front of one vehicle strikes the rear of another. These are some of the most common types of accidents. Many people think rear-end collisions are not serious, but they can also cause some of the most severe injuries.
  • Rollovers: A rollover accident occurs when a vehicle loses contact with the ground and rolls onto one side, onto its roof, or rolls over in a complete circle. Light trucks, pickup trucks, and SUVs are more likely to be involved in a rollover accident due to their high center of gravity.
  • Intersection accidents: While not a specific type of accident, crashes that occur at intersections make up more than half of all auto accidents, according to The Federal Highway Administration. Intersections are very busy and chaotic places and motorists, pedestrians, and cyclists can become hurt.
  • Side impact accidents: Also known as T-bone accidents, these collisions occur when the front of one vehicle slams into the side of another. Like head-on collisions, these types of accidents are not as common, but they are more likely to be fatal.
  • Hit-and-run accidents: A hit-and-run accident occurs when one person, usually the liable party, flees the scene of an accident. It is more difficult to obtain compensation when you are unaware of the defendant’s name or vehicle, so it is even more imperative to work with a Grafton car accident lawyer afterward.

Determining Liability After a Car Accident

The first step when filing a car accident claim is determining who is liable, or at fault, for the crash.

Often this is the driver at the scene of the crash, but that is not always the case. Other motorists can be held liable for an accident any time they act negligently, such as driving while impaired or distracted, speeding, making improper lane changes, or other acts of carelessness. There are other potentially liable parties in car accident claims, however.

If you were involved in an accident with a motorist driving for Uber or Lyft, they may be personally liable, or the company could be liable. There are very specific rules that apply to these cases and liability will largely depend on whether the ridesharing driver had the app turned on, and if they were carrying passengers.

In other cases, a negligent driver’s employer may also share liability. Employers in West Virginia can be held vicariously liable for the negligent actions of their employees. Additionally, if the employer failed to use proper hiring or training practices and that contributed to your accident, they can also be held liable for their negligence.

Under the dram shop laws in West Virginia, owners of establishments that serve alcohol can also be held liable for an accident. In these cases, you must prove that the negligent motorist was visibly drunk at the establishment and they were over-served.

At times, improper road conditions such as poor road design or potholes also cause accidents. In these situations, the government entity responsible for designing, inspecting, or maintaining the road can be held liable. Filing a claim against a government entity is vastly different from filing a claim against another private citizen. As such, it is even more important to work with a Grafton car accident lawyer in these cases.

Lastly, manufacturers can be held liable if a vehicle or vehicle part they created was considered faulty or defective and caused a crash. Manufacturers have a very high level of duty to ensure their products are safe for people to use. When a defective part causes a crash, the manufacturer that created it can be held liable. Some of the most common types of defective vehicle parts are tires, braking systems, steering wheel columns, and electrical systems.

What to Do After a Car Accident in Grafton

It is natural to feel confused after a crash. You may not know the steps to take to protect yourself and any future claim you may file. The most important steps to take are as follows:

  • Call 911 to report the accident and to call law enforcement and paramedics to the scene.
  • Exchange your name, contact information, and insurance details with all other drivers involved.
  • Take pictures and video footage to document the scene, your injuries, and damage to any vehicles involved.
  • Locate witnesses and ask for their names and contact information.
  • Seek medical treatment either at the scene or at an emergency room as soon as you leave the accident scene.
  • Do not apologize for the accident.
  • Do not speak to the insurance company afterward.
  • Contact a Grafton car accident attorney.

Our Grafton Car Accident Attorney Will Protect Your Rights

After a car accident, the insurance company representing the at-fault party will not work in your best interests. They will try to protect the insurer from liability and from paying the damages you deserve.

At Kaufman & McPherson, our Grafton car accident lawyer will always fight for you and ensure that your rights are protected. We will determine who is to blame for your injuries and aggressively negotiate with the insurer for the full and fair compensation you are legally entitled to.

Contact us to schedule a free review of your case and to get the legal advice you need.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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