The father-son team of attorneys at the Peyton Law Firm handles personal injury cases throughout West Virginia and Southern Ohio. We represent clients from communities such as Charleston, St. Albans, Winfield, Huntington, Barboursville, Milton, Columbus, Cincinnati and Dayton. Contact us to schedule a free case evaluation.
Motor Vehicle Accidents
These days, claims for compensation after an injury are most often made to an insurance company. Usually a formal personal injury lawsuit is not necessary to get a fair settlement. A formal personal injury lawsuit becomes necessary only if the insurance company fails to offer a reasonable settlement amount during negotiations. And even when formal cases are filed, they usually settle before the trial date. Contact the Peyton Law Firm in Nitro, West Virginia, to learn more.
Motor vehicle accidents cause the loss of property, health, time, and even life. Such accidents have a variety of possible causes, including driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result, a crash can turn a normal day into a prolonged struggle. Speaking with a personal injury lawyer about your motor vehicle accident case can help you sort out your rights, your options and your future. Contact Peyton Law Firm, P.L.L.C. in Nitro, West Virginia, today to schedule a consultation with an attorney.
At-fault, negligent and aggressive drivers
When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you, and that the breach caused your damages. The assistance of an attorney is immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries, or defending yourself in court.
Actions on the part of either driver that may have contributed to the accident include:
- Failure to stop at a red light or stop sign
- Driving under the influence of alcohol or drugs
- Failure to compensate for dangerous weather or road conditions
- Driving above or below the posted speed limits
- Driver distraction caused by a cell phone, passenger, radio or another source
- Failure to obey traffic laws regarding turn signals, rights-of-way and other rules
Sometimes the at-fault driver is more than merely negligent; he or she may have acted recklessly or even intentionally. A reckless driver acts with “conscious disregard” for the probable consequences of his or her actions. Road rage incidents often involve reckless behavior, and they can escalate into intentional behavior. Road rage in particular can be extremely dangerous, leading to both injuries and criminal charges. Generally, aggressive drivers are a serious threat to safety because excessive speeding, cutting off other drivers and taking other risks can easily result in injury-causing or fatal accidents.
Drunk driving can lead to both criminal charges and a civil lawsuit against the intoxicated driver. Additionally, the business that sold alcohol to a drunk driver may be held liable if it served the driver when he or she was visibly intoxicated. This is known as “dram shop liability.” Dram shop liability does not, however, take any responsibility away from the driver who drove while intoxicated. If you have been in an accident involving alcohol or drugs, seek the help of a personal injury attorney who will explain your legal options.
Auto accidents not caused by the drivers
Sometimes, no matter how carefully you drive, you cannot avoid an accident. In certain cases, a vehicle’s manufacturing or design defect causes an accident or makes it worse. This might happen if, for instance, the brakes on your car fail or the airbag does not deploy when it should. The law of products liability applies in this situation, protecting consumers when products create an unreasonable risk of harm. If a product defect caused your injuries, you may have a case against the designer, manufacturer or distributor of the product.
Another responsible party could be a mechanic or technician who improperly repaired a car that caused an accident. Both the mechanic and the his or her employer could be liable in such a case.
Poorly maintained roads, messy and confusing construction, unclear signage, improperly designed roads and similar problems could also contribute to an accident. Government entities are typically responsible for the roads and highways, so they might be liable for accidents caused by the above factors. Special rules apply to lawsuits against government entities, and a lawyer will be able to explain them in detail.
Contact a personal injury attorney
It is important to take prompt action when you have been in a motor vehicle accident. This will help you preserve your rights and seek proper compensation for your injuries. Contact Peyton Law Firm, P.L.L.C. in Nitro, West Virginia, to schedule a consultation with an experienced motor vehicle accident lawyer.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.