Determining fault for any accident in West Virginia can be complex, requiring a skilled legal professional to build a strong case.
For example, an attorney will establish liability for a car accident by proving all the elements of negligence:
Duty of care: First, you must show that the defendant has a legal obligation to the accident victim; i.e., drivers must operate their vehicles safely and follow all traffic laws.
Breach of the duty of care: Next, your attorney will show how the other driver breached their duty by making careless or reckless decisions on the road.
Causation: You must clearly show the breach of duty caused the accident.
For example, a driver ran a red light while texting and caused a collision in an intersection.
Damages: Lastly, your attorney must establish that you suffered injuries and other losses due to the accident.