As West Virginia highway accident lawyers, we have seen that there are numerous causes for motor vehicle highway accidents. According to smartmotorist.com, driver behavior – in combination with one of three other factors – accounts for 95 percent of car accidents. The three factors are:
- Equipment failure
- Roadway design
- Poor roadway maintenance
Equipment failure includes:
- Steering and suspension
Roadway design faults:
- Hazard visibility
- Roadway surfaces
- Traffic control devices
- Traffic flow
- Roadway identification signs
- Road debris
- Road signs that are unable to be viewed
If you were injured in a highway accident, either by another motorist or by a defective road condition, you may seek compensation for your injuries in a personal injury claim. The West Virginia car accident lawyers at Tiano O’Dell, PLLC represent injured highway accident victims. You may call our office 24 hours a day to schedule a complimentary consultation to discuss your case.
What Causes Highway Accidents in West Virginia?
Illegal and aggressive driving is a factor that contributes to or causes highway accidents. Aggressive driving includes:
- Swerving in and out of lanes
- Not using turn signal
- Failure to yield
- Driving under the influence of alcohol or drugs
A driver who causes an accident on the highway that results in injuries is responsible for his or her actions and may be held accountable in a personal injury lawsuit. A personal injury lawsuit seeks compensation for:
- Medical expenses
- Pain and suffering
- Lost income
- Property damage
A personal injury claim must be filed within the statutory time or you will forfeit the right to file the suit forever. Ask your West Virginia highway accident lawyer at Tiano O’Dell, PLLC about the statute of limitations, which is usually two years from the date of the injury.
Personal Injury vs. Wrongful Death Highway Accident Claims
Navigating the legal process after experiencing a traumatic event that results in serious injuries or even death can be overwhelming. A personal injury claim is filed by the injured party, whereas a wrongful death claim is filed by the surviving relatives of the deceased. Both actions have similarities in that they both seek:
- Medical expenses arising from the accident
- Lost wages arising from the accident
Wrongful death claims:
- May be brought by living relatives, including spouse, parents, children, others
- Seek funeral and burial expenses, future lost wages
- May seek lost inheritance, pain and suffering, loss of companionship
If you have any further questions, speak to a West Virginia personal injury attorney at Tiano O’Dell, PLLC to discuss your specific case information.
Tiano O’Dell, PLLC | Highway Accident Attorneys in West Virginia
Tiano O’Dell, PLLC offers a free, confidential evaluation to discuss your case and to review your options. There are no fees unless we win your case for you. Our personal injury attorneys in Charleston have settled or litigated thousands of cases over the years. They are recognized as West Virginia Super Lawyers and Top 100 Trial Lawyers – esteemed and respected honors. To schedule your complimentary consultation, call us at (304) 720-6700 today.