Navigating the complexities of fault and compensation after a car accident can be daunting. If you’re wondering whether you can still recover compensation if you’re partly at fault for an accident in West Virginia, the answer lies in understanding the state’s comparative negligence laws.
Learn more about your rights and options here.
West Virginia’s modified comparative negligence rule
West Virginia follows the modified comparative negligence rule. This rule allows you to recover compensation if you are not more than 50% at fault for the accident. Under this system, your compensation is reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault and your total damages amount to $100,000, you would be eligible to receive $80,000.
The 51% bar rule
It’s crucial to understand that under West Virginia’s 51% bar rule, you are barred from recovering any compensation if you are found to be 51% or more at fault for the accident. This means that if your degree of fault tips past half, you cannot collect any damages, even if the other party is partly responsible.
How fault is determined
Fault is determined by examining the evidence from the accident, such as police reports, witness statements and traffic camera footage. Insurance companies and, if necessary, the courts will use this information to assign a percentage of blame to each party involved.
Understanding your rights and the nuances of comparative negligence can significantly affect your claim’s outcome. Experienced legal guidance can help you avoid being unfairly blamed for an accident by an insurance company eager to minimize its liability.
