Motor Vehicle Accident Attorneys

It is often said that the most dangerous weapon a person can own is his or her vehicle. High speeds, irresponsible drivers and risky road conditions can all combine to make car, truck and motorcycle accidents a significant cause of injury in the United States.

Addressing Every Detail That Matters To You After A Vehicle Accident

At Bailey, Javins & Carter, L.C., your safety and security is our primary concern. That is why when your future is in jeopardy because of someone else’s negligence, causing a personal injury to you or a loved one, we will be here to stand up for you. With more than 40 years of experience and a noteworthy record of success in recovering compensation for West Virginia’s injury victims, we handle a wide range of vehicle accident cases, including those that involve:

• Car accidents including in Beckley, Huntington, and Charleston
• Motorcycle accidents
• ATV/UTV accidents
• Railroad crossing injury

Vehicle Accident Attorneys

When you have been in a motor vehicle accident, your primary concern should always be about your health and physical recovery. Make sure to get the medical care you need. Beyond this, however, there are many unanswered questions related to an injury victim’s financial situation and daily living needs. How will you get to work or pick up your kids when the property damage to your vehicle makes it impossible to drive? How can you pay your bills while you are unable to work because of your injury? What do you do if you are not getting answers from your insurance company, or worse, your health care provider? We understand that this accident is an uncommon event for you.

We, on the other hand, are intimately familiar with the injury claims process and have handled a wide range of typical and atypical cases, such as those that involve product defects (as in a GM recall) or large freight companies (as in railroad crossing accidents). Our focus will always be on you and your individual needs as we find a solution together.

Common Vehicle Defects That Cause Accidents in West Virginia

Following the jarring impact and the screech of tires, the immediate aftermath of an auto accident often leaves a cloud of confusion and uncertainty. Pinpointing the precise catalyst for the collision can be an intricate puzzle. While driver error, such as distraction or impairment, frequently emerges as a primary factor, a seasoned attorney understands the importance of delving deeper, initiating a comprehensive investigation to unearth all potential contributing elements. This meticulous scrutiny may reveal a less obvious, yet equally critical, cause: defects within the vehicle itself or its component parts.

These latent flaws, stemming from design oversights, manufacturing errors, or the use of substandard materials, can insidiously compromise a vehicle’s safety and directly precipitate an accident. Identifying these defects requires a keen eye and a thorough understanding of automotive systems. Several common auto part defects have been implicated in causing or contributing to serious collisions:

Tires: The Foundation of Control

Tires, the crucial interface between the vehicle and the road, are engineered for optimal grip, stability, and responsiveness. However, inherent design or manufacturing flaws can undermine these critical functions. Uneven tread wear, a telltale sign of underlying issues, can diminish traction, particularly in adverse weather conditions. Belt separation, a more severe defect where the tire’s internal layers detach, can lead to dangerous tire blowouts, especially at high speeds. These sudden failures can result in a catastrophic loss of steering control, making it virtually impossible for the driver to maintain their intended path, often culminating in severe accidents. Beyond immediate safety risks, tire defects can also contribute to reduced fuel efficiency, serving as an early indicator of a potentially hazardous problem.

Steering Systems: Losing the Ability to Maneuver

Modern vehicles overwhelmingly rely on power steering systems to provide effortless maneuverability. This technology amplifies the driver’s input, making turning the steering wheel significantly easier. However, when these sophisticated systems malfunction due to design flaws, component failures, or manufacturing defects, the force required to steer the vehicle can increase dramatically. Many drivers, particularly those of smaller stature or with less upper body strength, may find themselves unable to exert the necessary force to steer effectively, especially in emergency situations demanding swift and decisive action. This sudden loss of power steering can lead to delayed or inadequate steering responses, increasing the risk of collisions.

Accelerators: Unintended Surges of Power

One of the most alarming and potentially catastrophic vehicle defects is a malfunctioning accelerator that causes the vehicle to surge forward unexpectedly. This phenomenon, often referred to as “sudden unintended acceleration,” can occur due to sticky pedals, electronic control unit (ECU) malfunctions, or defects in the throttle mechanism. When a vehicle accelerates without driver input, it can lead to a rapid loss of control, making it incredibly difficult to avoid obstacles or maintain a safe following distance. The sheer unpredictability of such events significantly elevates the risk of high-speed collisions and serious injuries.

Braking Systems: The Failure to Stop

Equally terrifying is the scenario where a driver applies the brakes, expecting a prompt reduction in speed or a complete stop, only to find the vehicle unresponsive. Modern braking systems, including anti-lock braking systems (ABS) and electronic stability control (ESC), are complex and rely on a network of hydraulic lines, sensors, and electronic controls. Defects in any of these components, or improper installation during manufacturing or maintenance, can lead to brake failure. This can manifest as a complete loss of braking power, a significant delay in response, or uneven braking force across the wheels, all of which dramatically increase stopping distances and the likelihood of a collision.

Electrical Systems: The Hidden Network of Vulnerabilities

The intricate electrical systems within a vehicle power a multitude of critical functions, from lighting and ignition to safety features and engine control. Defective wiring, faulty sensors, or malfunctioning control modules can lead to a cascade of problems. Intermittent or complete shutdowns of essential systems, such as headlights or power steering, can create hazardous driving conditions. In the most extreme cases, electrical defects can trigger vehicle fires or even explosions, posing a severe threat to the occupants’ safety.

Passenger Restraints: Compromised Protection

Seatbelts, airbags, and other passenger restraint systems are the last line of defense in the event of a collision, designed to mitigate the severity of injuries. However, defects in the design, manufacturing, or installation of these crucial safety features can render them ineffective. Seatbelts that fail to latch properly or webbing that tears under stress, airbags that fail to deploy or deploy improperly, and malfunctioning child safety seat anchors can all lead to significantly more severe injuries in the event of an accident.

Vehicle Stability Defects: An Inherent Propensity to Lose Control

Certain vehicle designs, particularly those with a high center of gravity and unfavorable weight distribution, such as some sport utility vehicles (SUVs) and large trucks, can exhibit inherent stability issues. These vehicles may be more susceptible to rollovers, especially when cornering sharply or encountering uneven road surfaces. Additionally, external factors such as high speeds and strong crosswinds can exacerbate these stability defects, causing the vehicle to wobble precariously or even tip over, leading to severe and often catastrophic injuries.

In the aftermath of an accident, a thorough investigation that considers the possibility of vehicle defects is paramount. Identifying these underlying issues not only provides crucial insight into the cause of the collision but can also hold manufacturers and suppliers accountable for producing unsafe vehicles or parts, potentially preventing future tragedies. An experienced attorney plays a vital role in pursuing this avenue of inquiry, ensuring that all potential contributing factors are meticulously examined to achieve a just and equitable outcome for their client.

The Complex Landscape of Damages in West Virginia Car Accident Cases

The aftermath of a car accident can be a disorienting and distressing experience. Beyond the immediate concerns of physical well-being and vehicle damage, those injured due to the fault of another party in West Virginia face the crucial task of understanding their rights to compensation, legally termed “damages.” These damages aim to restore the injured party, as much as possible, to the position they were in before the accident occurred. Recognizing the different categories of damages and the nuances of West Virginia’s legal framework is paramount for anyone seeking fair and just compensation.

As the initial excerpt correctly points out, the majority of car accidents stem from the negligence or recklessness of one or more individuals. These incidents can lead to a spectrum of injuries, from minor scrapes and bruises to severe, life-altering disabilities and, tragically, fatalities. In such instances, West Virginia law provides avenues for the injured party, or their surviving family members, to pursue compensation for the losses they have incurred. This compensation typically falls under the umbrella of compensatory damages, designed to directly address the harm suffered.

Compensatory damages are broadly divided into two distinct categories: economic and non-economic damages. Economic damages represent the tangible, out-of-pocket financial losses directly resulting from the injury. These are quantifiable and often supported by documentation. A primary component of economic damages is medical costs, encompassing expenses incurred for emergency care, hospitalization, physician visits, rehabilitation therapies (physical, occupational, and speech), prescription medications, medical equipment, and future anticipated medical treatments. Documenting all medical bills and records is crucial for substantiating this aspect of the claim.

Furthermore, economic damages include lost wages, representing the income the injured party has lost due to their inability to work following the accident. This can include past lost earnings from the time of the accident until settlement or trial, as well as future lost earning capacity if the injuries prevent the individual from returning to their previous occupation or limit their ability to earn a living in the future. Calculating future lost earning capacity often requires expert testimony from vocational rehabilitation specialists and economists.

Beyond medical expenses and lost income, economic damages can also encompass property damage, primarily the cost to repair or replace the damaged vehicle. This may also extend to other personal property damaged in the accident, such as cell phones, laptops, or other belongings. In the tragic event of a fatality, economic damages include funeral and burial costs, providing financial relief to the grieving family for these necessary expenses.

In contrast to the tangible nature of economic damages, non-economic damages address the intangible, more subjective losses resulting from the injury. These damages are inherently more challenging to quantify in monetary terms but are no less significant in reflecting the true impact of the accident on the injured party’s life. Physical pain and suffering is a key component, acknowledging the discomfort, agony, and limitations experienced due to the injuries. This can range from acute pain immediately following the accident to chronic pain that persists for months or even years.

Psychological distress is another significant aspect of non-economic damages, recognizing the emotional toll of the accident and resulting injuries. This can manifest as anxiety, depression, post-traumatic stress disorder (PTSD), fear, and other emotional disturbances. The accident can be a traumatic event, leaving lasting psychological scars that require therapy and significantly impact the injured person’s quality of life.

Loss of enjoyment of life accounts for the diminished ability to participate in activities and hobbies the injured party enjoyed before the accident. This could include anything from playing sports and traveling to simply engaging in everyday activities without pain or limitation. The inability to pursue these passions can significantly detract from an individual’s overall well-being.

Disfigurement and scarring resulting from the accident can also be considered non-economic damages, particularly if they are significant and cause emotional distress or impact the individual’s self-esteem and social interactions. Finally, loss of consortium is a claim that can be brought by the spouse of the injured party, recognizing the loss of companionship, affection, support, and sexual relations resulting from their partner’s injuries.

While compensatory damages aim to make the injured party whole, albeit imperfectly, punitive damages serve a different purpose. These are awarded in rare cases where the conduct of the at-fault party was deemed especially egregious, malicious, willful, or reckless. The primary goal of punitive damages is to punish the wrongdoer for their reprehensible behavior and to deter them and others from engaging in similar conduct in the future. West Virginia law places a cap on punitive damages, limiting them to four times the amount of compensatory damages awarded or $500,000, whichever is greater. This cap ensures that punitive damage awards, while significant, remain within reasonable bounds.

Navigating the complexities of damage claims in West Virginia is further complicated by the state’s adoption of the modified comparative negligence doctrine. This legal principle dictates how fault is allocated in personal injury lawsuits and significantly impacts the amount of compensation an injured party can recover. Under this doctrine, if the injured party is found to be partially at fault for the car accident, their damage award will be reduced proportionally to their percentage of fault. For instance, if a jury determines the total damages to be $200,000 and finds the injured party to be 20% responsible for the accident, their compensation will be reduced by $40,000, resulting in a net award of $160,000.

Crucially, West Virginia’s modified comparative negligence rule includes a threshold: if the injured party is found to be more than 50% at fault for the accident (i.e., 51% or greater), they are completely barred from recovering any damages whatsoever. This “51% bar rule” underscores the importance of establishing the other party’s negligence as the primary cause of the accident.

Given the intricacies of West Virginia’s comparative negligence laws, insurance companies representing the at-fault party will often employ various tactics to minimize their liability and reduce the amount they have to pay. A common strategy is to attempt to shift blame onto the injured party, even if the evidence clearly points to their client’s negligence. They may try to elicit statements from the injured party that could be construed as an admission of fault, even for seemingly minor actions.

This is precisely why the advice provided in the initial excerpt is so critical: never agree to give any type of recorded statement to the insurance company without first consulting with your own attorney. Insurance adjusters may present the request for a statement as a routine procedural step to expedite the claim process. However, their questions are often carefully crafted to elicit responses that can be used against you later to argue that you were partially or fully responsible for the accident. Providing a statement without legal counsel present puts you at a significant disadvantage and can jeopardize your ability to recover the full and fair compensation you deserve.

Pursuing a Product Liability Claim for a Defective Auto Part

As we talked about earlier, an extensive investigation is usually needed to uncover the existence of a vehicle defect that might have contributed to an accident. It can be challenging to prove negligence with these types of cases, however, because of all of the complexities involved.

A damage claim could be pursued under the legal theory of strict liability, or it could be a breach of express warranty or breach of implied warranty claim. Responsible parties might include the vehicle or vehicle part designer, manufacturer, supplier, car dealership/distributor or installer. It might also be possible that several of these parties are at fault.

In some cases, there may be an existing class-action lawsuit for the defective vehicle part. If this turns out to be the case, then joining the lawsuit could be an option for the injured person. However, if there are more severe injuries and the situation is different (for the plaintiff) than for other class action suit members, then it might make more sense to file a separate product liability lawsuit. Your lawyer will examine the specific factors and unique circumstances of your case to determine which is the best course of action.

Damages in West Virginia Car Accident Cases

Most auto accidents occur because of the negligence or reckless actions of one or more parties.  As mentioned earlier, these accidents can often result in serious injuries and fatalities. Those injured in a vehicle crash that was the fault of another party are eligible for compensation, which is commonly known as “damages”.

Compensatory damages can be divided into two general categories:

• Economic damages: These are actual monetary losses resulting from the injury; such as medical costs, lost wages, loss of earning capacity, property damage, and funeral and burial costs (in the case of a wrongful death).
• Non-economic damages: These are losses that are intangible and more difficult to quantify. Examples of non-economic damages include physical pain and suffering, psychological distress, loss of enjoyment, disfigurement, and loss of consortium.

In rare cases in which the conduct of the party responsible for the auto accident was especially egregious, punitive damages may be awarded to punish the wrongdoer and help deter them (and others) from similar behaviors in the future. West Virginia caps punitive damages at four times the amount of compensatory damages or $500,000, whichever is greater.

It is important to note the West Virginia applies the “modified comparative negligence” legal doctrine to personal injury lawsuits. This means that, if you are found to be partially at fault for the car accident, your damage award is reduced in proportion to the percentage of fault you share in the accident; unless you were more at fault than the other party, in which case you may be barred from recovering damages at all.

Here is an example of how modified comparative negligence might work. If total damages are $200,000 and you were found to be 10% at fault, your award would be reduced by $20,000, leaving you with $180,000. However, if you were found to be 51% at fault in the same scenario, you would not receive any compensation at all.

There is no doubt that the insurance company for the other side will employ all kinds of tactics to try to get you to admit at least partial fault for the accident. This is why you should never agree to give any type of recorded statement to the insurance company. They may tell you that this is just a formality and that the statement is necessary in order to process your claim expeditiously.  However, the questions they ask are usually worded in a way that is designed to get you to admit fault or otherwise weaken your case. Do NOT agree to give any type of statement to an insurer without first speaking with your lawyer.

Even the Odds Against the Insurance Company

Be aware that the insurance attorney, insurance agent or insurance claims adjuster is not your friend, although he or she will certainly pretend to be. They will often contact you just a few days after the accident before you have had a chance to get organized and assure you that you will be “taken care of”. They may even imply that you are better off without an attorney.

It is important to keep in mind that the interests of the insurance company are not aligned with yours. You are seeking full and fair compensation for your injuries, and they are working hard to escape or limit liability. If the insurance company has experienced lawyers and others trying to limit your recovery, shouldn’t you have someone on your side trying to maximize your recovery? We have successfully handled hundreds of auto accident cases, and we are ready to go to work for you!

Immediate Action and Investigation Is Critical

Insurance companies want you to procrastinate. They want as much time as possible so that the scene of the car accident can be cleaned up and they can send your car to the scrap yard, erasing evidence that may be crucial to your case against them. Insurance companies are also mindful of the two-year statute of limitations in West Virginia for filing a personal injury lawsuit. They would like to delay your claim as much as possible, so the clock will expire, and you will lose your right to pursue damages for your injuries in court.

As soon as you retain our services, our lawyers will take action and begin the investigation. We will examine the scene of the car accident. We will prevent your car and any other vehicles involved in the collision from being scrapped until we can review them. We will talk to witnesses and gather all the information we need to lay a foundation of facts. Our lawyers will also work with your medical providers to gather details about your condition, which will also be important in terms of determining the amount of compensation to seek.

We work on a contingency basis. We don’t get paid unless you do.

Motorcycle Accident Injury Lawyer in West Virginia

Motorcycle accidents have become a significant concern on our roads, with a noticeable increase in their frequency and severity in recent years. This rise in incidents highlights a critical issue regarding road safety for bikers.

The Alarming Statistics

Motorcyclists are 28 times more likely to die in a crash compared to individuals in passenger vehicles. These statistics underscore the inherent dangers faced by bikers, even when they exercise caution. The open nature of a motorcycle offers little protection in a collision, making the consequences far more dire than for those enclosed in a car or truck.

Why WV Motorcyclists are More Vulnerable

Several factors contribute to the heightened risk for motorcyclists. Their smaller size makes them less visible to other drivers, especially in traffic. Drivers of larger vehicles may simply not see a motorcycle, leading to lane changes or turns that put bikers in immediate danger.

Additionally, the dynamics of a motorcycle mean that even a minor impact can lead to a loss of control, throwing the rider from the bike.

Unlike cars, motorcycles lack the protective cage, airbags, or seatbelts that can mitigate injuries in a crash. This inherent lack of protection means that any collision, regardless of speed, carries a significant risk of severe injury or fatality for the motorcyclist.

The Role of Other Drivers

While motorcyclists are encouraged to ride defensively and wear appropriate safety gear, a significant portion of accidents involving motorcycles are caused by the inattentiveness or negligence of other drivers.

Drivers of cars, trucks, and SUVs often fail to look for motorcycles, misjudge their speed or distance, or simply do not yield the right-of-way.

Distracted driving, impaired driving, and aggressive driving by others further exacerbate the danger for motorcyclists. It is crucial for all drivers to be more aware of their surroundings and to actively look for motorcycles, especially when changing lanes, turning, or at intersections. Sharing the road safely requires mutual respect and vigilance from everyone behind the wheel.

What to Do After a Motorcycle Accident

If you or a loved one has been involved in a motorcycle accident, the aftermath can be overwhelming.

Beyond the physical injuries and emotional trauma, there are often significant financial burdens, including medical bills, lost wages, and property damage. In such challenging times, understanding your legal rights and options is crucial.

It is highly advisable to seek legal counsel from a West Virginia personal injury lawyer who can manage the intricacies of motorcycle accident cases. A motorcycle accident lawyer in WV can help navigate the complex legal process, gather evidence, negotiate with insurance companies, and fight for the compensation you deserve.

Your Legal Rights and Options

After a motorcycle accident in West Virginia, you may be entitled to compensation for various damages. This can include reimbursement for medical expenses, both current and future, lost income due to inability to work, pain and suffering, emotional distress, and even punitive damages in cases of gross negligence.

A motorcycle accident injury lawyer in WV can thoroughly investigate the circumstances of your accident, identify all responsible parties, and build a strong case on your behalf. They can also ensure that you don’t settle for less than your claim is worth, as insurance companies often try to minimize payouts.

Why Choose Us for Legal Representation for Your Motorcycle Accident Injury Case in WV

At Bailey, Javins & Carter, LC, we bring over four decades of dedicated experience to victims of motorcycle crashes in West Virginia. Our attorneys possess a deep and nuanced understanding of motorcycle accident law, having successfully handled even the most intricate cases against formidable opponents.

We are committed to a client-focused approach, meticulously investigating every detail of your case and exploring all available legal avenues to secure full and fair compensation. Our legal knowledge and unwavering commitment to advocating aggressively for our clients have consistently earned us recognition from our peers for our achievements in personal injury law.

We understand the physical, emotional, and financial toll a motorcycle accident can take, and we are dedicated to providing the tireless legal support needed to help you rebuild your life.

Contact an Attorney in Charleston, WV To Advocate For You

Contact our office in Charleston, West Virginia, to speak with an experienced personal injury lawyer. We handle cases on a contingency fee basis, which means you pay no legal fees until a compensation package is successfully recovered on your behalf.