Hit and Run Accident Lawyer
in Charleston, WV

Q: 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.

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.

Table Of Contents

How Warner Law Offices PLLC Can Help if You Have Been Hurt in a Hit-and-Run Accident in Charleston, WV
West Virginia Hit-and-Run Accident Laws
How Do I Recover Compensation After a Hit-And-Run Car Accident in West Virginia?
Can I Sue the Hit-And-Run Driver After an Accident?
What Types of Damages Can I Get for My Hit-And-Run Car Accident Injuries?
How Long Do I Have to File a Car Accident Lawsuit After a Hit-And-Run in West Virginia?
Hit and Run Accident Statistics
How Much Does a Hit-And-Run Lawyer Cost in Charleston?
Arrange a Free Consultation with a Trusted Hit-and-Run Accident Lawyer in Charleston, WV
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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.

Insurance companies will use any tactic they and their lawyers can muster to defeat your claim. They may blame you for the accident, accuse you of lying about your injuries, pressure you to give a recorded statement they can later use against you, or use stall tactics in hopes you will give up.

Get the right lawyer to advocate for you!

Contact our team for a free consultation.

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.

You will need an experienced hit-and-run accident lawyer on your side to protect your rights and fight for you. Our Charleston, WV auto accident lawyers have stood up to large insurance companies for decades and have the skill and stamina to defeat these tactics and get you the compensation you deserve.

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

Even if no one is injured, state law requires a motorist to stop at an accident scene even if they only caused property damages. They must provide the other driver with their name, telephone number, vehicle details, and insurance information. Leaving the scene of a property damage accident without providing information is a hit-and-run crash and a criminal misdemeanor.

A hit-and-run collision with a parked car violates West Virginia § 17C-4-4. To comply with the law, a motorist who hits an unattended vehicle must:

Attempt to locate the vehicle’s owner.
If the owner cannot be located, leave a note containing their name, address, and an explanation of how the accident happened.

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 identified, you can file a claim against their insurer under the state’s fault-based insurance laws.

But what if the hit-and-run driver is never found or isn’t found right away? In these situations, you can file a claim to recover benefits from your insurance carrier under your uninsured motorist coverage.

In West Virginia, all motorists must add uninsured motorist coverage to their auto 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 substitute for the insurance that an uninsured motorist—or, in this case, the hit-and-run driver—should have had.

Although you will be dealing with your own insurance company when filing an uninsured motorist claim, the company still will not be on your side. Its goal will be to minimize your compensation. Your own insurance company may try the same tactics as an opposing driver’s insurer. We will fight for your full claim value, even if we must take the insurance company to court.

Will Uninsured Motorist Coverage Pay for All of My Damages?

Your uninsured motorist coverage may be lower than your damages. In such cases, this is where hiring a hit-and-run law firm can really pay off. We have the connections and resources to perform a forensic accident reconstruction, even if the other driver isn’t found. This will enable us to identify additional parties who may be liable, such as the following:

Government entities that maintain unsafe roads
Manufacturers of defective vehicle parts
Other drivers that contributed to the accident
Business owners with poorly lit parking lots or driving areas

Hit-and-run car accident claims are often complex, and navigating such a claim when you’re injured can be overwhelming. When you hire our hit-and-run accident lawyers in Charleston, West Virginia, you can count on our compassionate and dedicated attorneys to deal with the insurance company, file your lawsuit, and handle your entire legal claim so you can focus on recovery.

Can I Sue the Hit-And-Run Driver After an Accident?

Yes, you can technically sue the hit-and-run driver if the authorities successfully locate them. However, the driver may not have sufficient income or assets to make it worthwhile.

Once the driver is identified and located, a hit-and-run accident works similarly to other car accidents. This means you can file a claim against the driver’s liability insurance. If the insurance company refuses to compensate you fairly, we can help you sue the insurance company and the driver.

If the hit-and-run driver has sufficient assets, you may be eligible to sue them for punitive damages. West Virginia law allows you to pursue punitive damages of up to $500,000 or four times the value of your other damages, whichever is greater. Insurance typically does not cover punitive damages, so we would work to collect these damages from the driver.

Our West Virginia hit-and-run accident attorneys are committed to recovering the maximum compensation possible for you. We will leave no stone unturned in identifying the hit-and-run driver’s assets and will tap every source of compensation available to you.

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 longer to sue the hit-and-run driver if it takes time to find them. The West Virginia car accident statute of limitations can be tolled—or paused—until they are located and can be served.

However, don’t assume 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 contacting our experienced Charleston hit-and-run attorneys for help right after your accident.

Hit and Run Accident Statistics

According to the National Highway Transportation Safety Administration, 42,939 people died in motor vehicle accidents in the United States in 2021. A reported 2,872 fatal car accidents, approximately 6.6 percent, were fatal hit-and-run crashes. This is an increase of 11 percent since 2020, which includes the following tragic statistics:

966 hit-and-run bike accidents, which accounted for 22 percent of all fatal bicycle accidents
1,802 hit-and-run pedestrian accidents, which accounted for 24 percent of all fatal pedestrian accidents

From 2009 to 2019, 46 West Virginia pedestrians were fatally injured in hit-and-run crashes. The statistics for hit-and-run motorcycle accident fatalities are unreported, but ABC 4 WOAY News reports that motorcycle accident deaths are on the rise in West Virginia. In 2020 alone, 38 motorcyclists lost their lives on West Virginia roadways, a 36 percent increase from the previous year.

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

If you or your loved one has been injured in a hit-and-run auto accident in Charleston or anywhere in West Virginia, we can help you recover the financial compensation you deserve. We charge no upfront fees, and you only pay if we win. Call our West Virginia hit-and-run law office in Charleston today at (304) 345-6789 to schedule your free consultation.

Hit and Run Accident Lawyerin Charleston, WV