Hit and Run Accident Lawyer
in Charleston, WV

Were you or a family member recently injured in a hit-and-run car accident in Charleston, West Virginia? Call Warner Law Offices PLLC for immediate legal assistance. Our hit-and-run accident lawyers can help you fight to recover compensation from the driver, an insurance company, and anyone else who could be responsible for your accident. 

Since 2000, Warner Law Offices PLLC has been a leader in personal injury litigation for crash victims in Charleston and across the state. Our aggressive pursuit of compensation on behalf of our clients has helped us win millions in jury awards and private settlements. 

Don’t settle for less than you deserve. Benefit from the experience and knowledge of award-winning West Virginia trial attorneys. Contact our law office in Charleston, West Virginia, to set up a free consultation now. 

How Warner Law Offices PLLC Can Help if You Have Been Hurt in a Hit-and-Run Accident in Charleston, WV

Any car accident can be overwhelming, but things can get stressful when the at-fault driver leaves the scene. What happens if they can’t be located? How can you get compensation for your crash-related injuries and damage to your vehicle? What if the insurance company tries to blame you for the accident? 

The insurance company will have an advantage from the start. After all, they handle claims like yours every day. They can make it incredibly difficult to get the money you need to cover the costs of your medical care, lost income, and other damages related to your hit-and-run accident. That is why you want an experienced legal advocate fighting for you. 

Our Charleston personal injury lawyers have been handling complex hit-and-run car accident litigation in West Virginia for decades. We understand the unique challenges that these types of fatal car accident cases pose and know the best strategies and techniques to secure top results.

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When you trust us with your hit-and-run injury case, you will benefit from our respected trial attorneys going toe-to-toe with the insurer on your behalf. As we navigate your hit-and-run accident case, our team will: 

  • Review the results of any local or state investigations into your hit-and-run accident 
  • Coordinate an independent inquiry into the crash 
  • Hire a private investigator to find the hit-and-run motorist if they can’t be located by the police 
  • Gather and review evidence to build a strong claim for damages, including witness statements, police reports, video recordings, photographs, property damage, and other physical evidence from the scene 
  • Determine all possible courses for financial recovery, including uninsured motorist benefits and/or damages in a third-party lawsuit  
  • Prepare and file appropriate claims and documents on your behalf 
  • Navigate potential challenges posed by criminal hit-and-run charges if the at-fault driver is located 
  • Fight to negotiate a top-dollar settlement 

If you don’t receive a fair settlement, or if the costs of your injuries exceed your insurance benefits, we are ready to advocate for you at trial. 

Let us help you navigate this stressful time in your life. Contact our law offices in Charleston, West Virginia, to learn more about the benefits of working with our experienced legal team. 

West Virginia Hit-and-Run Accident Laws

What is a hit-and-run car accident? It can be defined as a car crash where a driver leaves the scene. Any time a car accident in West Virginia results in property damage, personal injury, or death, motorists are legally required to stop. The specific steps a motorist must take depend on the severity of the accident.

Accidents Resulting in Injury or Death

West Virginia’s primary hit-and-run accident statute is known as “Erin’s Law.”  

Under the law, drivers involved in an accident-causing injury or death must “immediately stop the vehicle at the scene of the crash or as close to the scene as possible” and remain there until they have. Only once the following obligations have been met can motorists involved in a car accident leave the scene: 

  • Exchanged their name, phone number, and information about their vehicle with other parties involved in the wreck 
  • Provided proof of insurance 
  • Offered assistance to physically wounded individuals, if possible

Motorists can only leave the scene without doing the obligations mentioned above if they need to receive emergency medical care. However, the motorist is still under an obligation to share personal and insurance information with other parties after they are stable. Failing to satisfy the requirements of Erin’s Law can be considered a hit-and-run in West Virginia. 

Accidents Causing Property Damage

What if someone hits an unattended vehicle? In these situations, West Virginia law requires the motorist to stop and (a) try to locate the vehicle’s owner or (b) leave a note with their personal and insurance information in a conspicuous location.

Legal Duty to Report Car Accidents in West Virginia

A car accident must be reported to the Charleston Police Department or the West Virginia State Police if it causes: 

  • Property damage exceeding $1,000 
  • Injury 
  • Death 

A driver who fails to report their accident can have their license suspended. 

How do I recover compensation after a hit-and-run car accident in West Virginia?

After a car accident in West Virginia, insurance will be your primary source of compensation. If the hit-and-run driver is located, you can file a claim against their insurer under the state’s fault-based insurance laws. 

But what if the hit-and-run driver isn’t found or isn’t found right away? In these situations, you can file a claim to recover benefits from your insurance carrier. Specifically, you can recover benefits from your uninsured motorist coverage. 

In West Virginia, all motorists must add uninsured motorist coverage to their car insurance policy. The minimum requirements for uninsured motorist coverage are: 

  • Bodily injury: $25,000 per person, $50,000 per accident 
  • Property damage: $25,000 per accident 

Uninsured motorist coverage is intended to take the place of the insurance that an uninsured motorist—or in this case the hit-and-run driver—should have had. 

Can I sue the hit-and-run driver after an accident?

Yes, if they can be located. You can also file a lawsuit against anyone who contributed to your hit-and-run car accident. This might include a distracted driver, a property owner, a government agency responsible for road design and maintenance, the owner of a bar or restaurant (if the hit-and-run driver was drunk), or a vehicle manufacturer.

What types of damages can I get for my hit-and-run car accident injuries?

When you are involved in a hit-and-run car accident, the consequences can be devastating. This is particularly true if medical treatment is delayed because the hit-and-run driver didn’t call to report the accident and you were unable to do so. 

Fortunately, West Virginia law provides hit-and-run accident victims with the right to recover compensation for financial losses and trauma related to a collision. These compensatory damages are known as economic awards and noneconomic awards, respectively. 

Our Charleston car accident lawyers will fight to get you money for: 

  • Current and future medical expenses 
  • Physical therapy 
  • Lost wages 
  • Property damage 
  • Pain and suffering 
  • Post-traumatic stress disorder 
  • Emotional distress 
  • Inconvenience 
  • Out-of-pocket expenses

If the hit-and-run driver is located and your case goes to trial, a jury might decide that punitive damages should be awarded as well.

How long do I have to file a car accident lawsuit after a hit and run in West Virginia?

Generally, you have two years to file a personal injury claim for damages after a hit-and-run car accident in Charleston, West Virginia. You might have additional time to sue the hit-and-run driver if it takes time to find them. The statute of limitations can be tolled—or paused—until they are located and able to be served. 

However, don’t assume that you will have unlimited time to pursue compensation. Once the statute of limitations expires, you give up the right to demand the money you need to get back on your feet. You can protect yourself by reaching out to our experienced Charleston hit-and-run attorneys for help right after your accident. 

How much does a hit-and-run lawyer cost in Charleston?

Our law firm represents hit-and-run accident victims on contingency. It is simple: you pay nothing for our top-rated legal experience unless we win your hit-and-run case. 

Our fees come out of your settlement or jury award, so you have no out-of-pocket expenses. While attorney fees vary, you can generally expect to pay around 30 percent of your financial award.

Arrange a Free Consultation with a Trusted Hit-and-Run Accident Lawyer in Charleston, WV

Have you been injured in a hit-and-run auto accident in Charleston, West Virginia? You deserve to have the opportunity to recover compensation for your injuries, damage to your vehicle, and emotional distress. Warner Law Offices, PLLC can help.  

We represent clients across the state of West Virginia who have been involved in hit-and-run accidents with bicycles, pedestrians, motorcycles, trucks, and other vehicles. Contact our law office in Charleston to learn more about working with our experienced legal team. We offer a free initial case assessment, so set up a time to speak with an experienced Charleston hit-and-run accident lawyer today.

Contact Warner Law Offices, PLLC for a free consultation. Call us at (304) 345-6789 or message us for experienced representation.

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Charleston, WV 25301
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Attorney Bobby Warner
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Bobby Warner

Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.

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