Car crash victims in West Virginia must determine fault before they consider filing a claim against the driver they believe was responsible. It’s a difficult process, especially when victims were involved in a multi-vehicle collision. There are a few ways fault could be determined in such an accident.
Let’s say that three drivers were involved in a series of rear-end collisions. Driver A, at the front, may have suddenly applied the brakes to avoid danger but was rear-ended because Driver B was tailgating (a clearly negligent act). But perhaps Driver B was, in turn, being tailgated by Driver C. In that case, Driver A may hold Drivers B and C accountable. At the same time, Driver B may hold Driver C accountable despite being partially to blame for Driver A’s injuries and other losses.
If Driver C was tailgating and Driver B was not, then Driver A may pursue a claim against Driver C only. After all, Driver B was forced into Driver A and not through any negligent act of his or her own.
Proving negligence may require legal assistance. For example, the plaintiff might need to use police reports, eyewitness testimony (including the other drivers’) and evidence found at the crash site (such as vehicle debris and skid marks).
Tailgating, speeding, distracted driving and drowsy driving are just a few forms of negligence. Someone injured at the hands of a negligent driver may hire a lawyer for assistance with their claim. In West Virginia, plaintiffs can recover damages as long as they are less than 50% at fault for the crash. The lawyer may bring in crash investigators and other professionals in the effort to strengthen the case. That way, there may be a better chance of a fair settlement.