West Virginia Car Accident Lawyer

According to the National Highway Traffic Safety Administration (NHTSA), West Virginia is one of the more dangerous states in the union when it comes to car crashes. Nationwide, the average number of deaths in 2017 per 100,000 people was 11.40, while the average number of deaths per 100,000 people in West Virginia was 16.69.

That rate is not only higher than the national average, but also higher than the death rates in the surrounding states (Maryland, Ohio, Pennsylvania, and Virginia).

In 2017, there were 34,247 fatal motor vehicle crashes in the United States, with 303 of those occurring in West Virginia. Most of those accidents (67 percent) took place in rural areas.

Whether it’s the state’s winding rural roads, winter weather conditions, lack of road maintenance, an abundance of commercial trucks, or other factors contributing to the high rate of auto accidents, one thing is clear—when a severe injury or death hits home, it’s life-changing.

Victims and their families are faced not only with the injuries themselves, but lost wages, high medical bills, and often the discouraging hassle of dealing with the insurance companies in an effort to recover damages. This is not the time to go it alone.

Chaffin Luhana’s West Virginia auto accident lawyers have years of experience in auto accident law and can navigate all aspects of your claim for you. Our attorneys will deal with the insurance companies for you, ensure your rights are protected, maximize the value of your case, and if the insurance company will not pay you what you deserve, we will file your case in court and taking it to trial.

How a West Virginia Auto Accident Lawyer Can Help

Multi-Million Dollar Advocates ForumWhen you hire us to handle your claim, you can put your focus where it belongs—on recovering from your injuries and putting your life back together. Below are some of the tasks we will manage for you:

  • Communicating with the other driver’s insurance company.
  • Researching all aspects of the accident, looking for evidence of negligence—including reviewing photos of the accident, examining police reports, visually inspecting the scene of the accident, speaking with witnesses, examining records related to all vehicles that were damaged, and more.
  • Obtaining needed evidence to show negligence on the part of other parties, including for example, the other driver and, if applicable, the driver’s employer, the vehicle manufacturers (if something went wrong with one or more of the vehicles), the construction company (if the accident took place in a construction area), the city or county (if there were safety problems at the site of the accident).
  • Securing your medical records and bills, including working with your healthcare providers to make sure all critical documentation related to your injuries is available for the case. We also work with your medical team to document whether the accident caused your injury or disability, details about the extent of your injury and the projected necessity of future medical care.
  • Negotiating with any lien holders, if necessary, and negotiating the settlement. This is where our attorney’s experience can really help you, as our skills come into play in determining how much your case is worth and what you should be eligible for, and in managing the negotiations in such a way that the insurer and/or other parties agree to your best compensation.
  • Litigation and trial. If your case does not settle, we will file it in court, take oral and written discovery from the defendant and others to prove the defendant’s liability and your damages at trial, and try your case.

Though you may be able to handle very small cases on your own, our attorneys can help you maximize your recovery.

We Can Help With These Types of Accidents and Injuries

We have experienced auto accident attorneys who can help with all types of motor vehicle accidents, including the following:

  • Car and truck accidents
  • Drunk or drugged driving accidents
  • Multi-vehicle collisions
  • Large truck/semi-truck/commercial truck accidents
  • SUV rollovers
  • Bus accidents
  • Motorcycle accidents
  • Parking lot accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Emergency vehicle accidents
  • Heavy equipment and tractor-trailer accidents and rollovers

We also represent victims suffering from a wide range of injuries, including the following:

  • Wrongful death
  • Traumatic brain injuries
  • Spinal cord injuries
  • Paraplegia or quadriplegia
  • Broken bones
  • Scarring and disfigurement
  • Neck and chest injuries
  • Blunt-force trauma injuries
  • Internal bleeding and organ damage
  • Leg and foot damages
  • Severed limbs
  • Workers’ Compensation

No matter what type of accident it was, we can help. We’ll research all possible approaches to your claim, and we will examine all potential insurance coverage options.

Required Knowledge of West Virginia Car Accident Law

West Virginia Association for JusticeChaffin Luhana has extensive experience in West Virginia motor vehicle accident law, which differs from that which exists in other states. You have two years from the date of the accident, for example, to file a claim in West Virginia, and though that may seem like a long time, it actually isn’t when you consider the time needed to gather the appropriate evidence for a claim. Our car accident lawyers work with you to move your claim along as quickly as possible, and to shorten the time you have to wait for compensation.

After an accident in West Virginia, a representative from the negligent party’s insurance company may contact you and urge you to settle right away. We protect you in these instances to keep you from settling too early and losing the compensation you need for a full medical recovery.

West Virginia also follows a modified “comparative negligence” rule, which means if a jury finds that you are partially responsible for an accident, you must share in the negligence and your compensation may be reduced. Again, we understand these laws and will examine your case thoroughly to get you the highest award possible.

Finally, part of what you will be able to recover in your case is your medical bills and expenses. West Virginia has very favorable laws for injured individuals regarding what you can collect that is different than other states.

We often find that insurance adjusters don’t understand West Virginia law and, therefore, offer claimants far less than they are owed. Our attorneys know the law and will make sure the insurance company pays you all that you are owed under West Virginia law.

Experienced West Virginia Car Accident Lawyers

If you or a loved one was injured or killed in a car accident, call us today for a free consultation. We work on a contingency fee and do not get paid unless we recover damages for you. Call us today at 1-888-480-1123.


West Virginia Office
3200 Main St.
Weirton, WV 26062
(304) 400-6460