Is the rear driver always liable for a rear-end crash in Charleston?

Not necessarily. Rear-end collisions can happen for a lot of different reasons. And while the driver is often assigned liability for a wreck, it’s not always the case. The front driver may be at fault or share responsibility for a rear-end collision if: They reverse their car into the vehicle behind them They are distracted or drunk They fall asleep at the wheel They intentionally slam on their brakes to get hit Other times, neither driver may be at fault for a rear-end collision. If a vehicle’s brakes fail, or if a vehicle is otherwise defective, it can be nearly impossible to avoid a rear-end collision. In these situations, the company responsible for manufacturing or selling the defective car could be liable for the crash. It’s important to analyze the specific circumstances of a rear-end collision instead of jumping to conclusions about fault. These cases can be complicated, and seemingly minor details can make a huge difference in determining who’s to blame.

Rear-End Accident Lawyer
in Charleston, WV

Q: Do I need a lawyer if I’ve been rear-ended?

It’s smart to hire a lawyer, even if you think that your rear-end car accident is pretty straightforward. West Virginia has fault-based insurance rules, which means that you’ll be able to file a claim against the at-fault party’s insurance company after a rear-end crash. The at-fault driver’s insurance company will not be on your side. They won’t have your best interests at heart. They’ll try to find any reason to deny your claim or shift blame to reduce how much money you’re awarded. Auto insurance companies in West Virginia handle thousands of claims every day. They know the claims process well, and they know how to manipulate it to work in their favor. Hiring an attorney is the single best way to level the playing field and give yourself the best shot at a meaningful financial recovery. Warner Law Offices, PLLC has represented hundreds of clients in rear-end car accident claims. We’re able to anticipate claims of shared fault and other tactics typically employed by insurance companies to limit or deny payouts. Our tenacious advocacy and hard work have helped us recover millions, including multiple seven- and eight-figure results, for car accident victims like you.

Q: How long do I have to file a lawsuit after a rear-end car accident in West Virginia?

It’s estimated that roughly one out of every three car accidents is a rear-end collision. Why are there so many rear-end car accidents? What causes them to happen so frequently? Rear-end accidents are largely a consequence of driver negligence. Most often, it’s the driver in the rear who is to blame for a wreck. Engaging in these types of dangerous behaviors behind the wheel increases the odds of a rear-end crash: Tailgating Speeding Distracted driving Drunk driving Fatigued driving Merging errors Failing to slow down at a yellow or red traffic signal Road rage After a rear-end collision in West Virginia, you’ll typically have just two years to file a claim for damages. It’s important to get a jumpstart on your car accident case. Once the statute of limitations runs out, you will give up the right to seek compensation for your rear-end crash injuries.

Table Of Contents

How Warner Law Offices, PLLC Can Help if You’ve Been in a Rear-End Collision
Should I Get a Lawyer for a Rear-End Car Accident?
How much is my rear-end car accident settlement worth?
Who Is At Fault in a Rear-End Collision in West Virginia?
What Causes Most Rear-End Collisions?
Common Rear-End Car Accident Injuries
How long do I have to file a lawsuit after a rear-end car accident in West Virginia?
Respected Rear-End Accident Lawyers Ready to Help You
Related Reading

Have you recently been rear-ended or involved in a rear-end collision in Charleston, West Virginia? You may be able to recover compensation for the costs of your medical care, emotional distress, and loss of income. The experienced rear-end accident lawyers at Warner Law Offices, PLLC can help you work toward a meaningful financial award.

Since 2000, our law firm has been a fierce advocate for victims of car accidents throughout West Virginia and the surrounding states. We’re top-rated, nationally recognized trial attorneys with a proven ability to take on tough defendants and win big for our clients.

Our results speak for themselves: We’ve won tens of millions of dollars in car accident settlements and jury awards.

Give yourself the best opportunity to win your case and maximize your compensation. Call the experienced Charleston, WV car accident lawyers to schedule a free consultation with a member of our skilled legal team.

How Warner Law Offices, PLLC Can Help if You’ve Been in a Rear-End Collision

What caused your rear-end collision? How can you prove that someone else is at fault? What kind of evidence will you need to make your case? What can you do when the insurance company tries to turn the tables and blame you?

Contrary to popular belief, rear-end car accidents aren’t always open-and-shut cases. They can be incredibly complicated, and you can bet that the at-fault driver and their insurance company will fight you as you seek compensation.

If you want to win your case, it’s smart to put an experienced and skilled legal advocate in your corner. That’s where our West Virginia personal injury lawyers can help.

The insurance company will try to manipulate you into accepting less money than your rear-end car accident claim is worth. We won’t let them. Our award-winning West Virginia trial attorneys have been challenging insurance companies across the state for decades. We have the experience, resources, and skills needed to make a meaningful and genuine impact on your case, and ultimately get the insurer (and/or at-fault party) to pay for the harm you’ve suffered.

Give yourself time to recover from your injuries while our team takes care of:

Investigating your rear-end collision in Charleston
Uncovering the specific cause(s) of your wreck and identifies who’s at fault
Gathering evidence, including medical records, police reports, toxicology reports, witness statements, photographs, property damage, and video footage
Enlisting the assistance of accident reconstructionist, medical professionals, financial specialists, and other experts
Preparing and submits necessary claims, demand letters, and documents on your behalf
Handling negotiations with the insurance company and at-fault parties
Preparing to bring your case to trial in Kanawha County if you’re not offered a respectable settlement

Our law firm is here to help you move forward after your rear-end collision and will fight to ensure that you’re properly compensated for your injuries and suffering.

Get the right lawyer to advocate for you!

Contact our team for a free consultation.

Should I Get a Lawyer for a Rear-End Car Accident?

All car accidents can be overwhelming. After being rear-ended, you may be left wondering, “Should I get a lawyer for a rear-end car accident?” The simple answer is yes. It’s smart to hire a car accident lawyer, even if you think that your rear-end car accident is pretty straightforward.

West Virginia has fault-based insurance rules, which means that you’ll be able to file a claim against the at-fault party’s insurance company after a rear-end crash. Of course, the at-fault driver’s insurance company won’t have your best interests at heart. They’ll try to find any reason to deny your claim or shift blame to reduce how much money you’re awarded.

Auto insurance companies in West Virginia handle thousands of claims every day. They know the claims process well, and they know how to manipulate it to work in their favor. Hiring an attorney is the single best way to level the playing field and give yourself the best shot at a meaningful financial recovery.

Why Choose Warner Law Offices to Handle Your West Virginia Rear-End Car Accident Lawsuit?

At Warner Law Offices, founder Bobby Warner and our award-winning West Virginia rear-end accident attorneys are known for their aggressive advocacy and dedication to justice. We have developed a strong reputation for securing high-value settlements and verdicts for our clients.

When you work with our legal team, we will level the playing field with big auto insurance companies and put you in the best position to secure full and fair compensation. Our glowing client reviews speak for themselves.

How much is my rear-end car accident settlement worth?

In West Virginia, you can generally recover economic and non-economic damages after a rear-end wreck with generous time needed to settle a rear-end accident claim. Economic damages make up for financial losses related to your collision, while non-economic awards compensate for the unexpected life changes you experience as a crash victim.

This can include money for:

Medical bills
Property damage
Physical therapy
Disfigurement
Lost wages
Pain and suffering
Reduced quality of life
Inconvenience

If your rear-end car accident case makes it to trial, a Kanawha County jury could also decide that punitive damages should be awarded. These are typically reserved for rear-end collisions where the at-fault driver’s conduct is clearly intentional or grossly negligent.

Even though the types of damages that can be awarded are fairly standard, there’s no standard settlement for car accidents in West Virginia. Every case is unique.

Many factors will impact the amount of money you might be able to recover through an insurance claim or lawsuit such as:

The specific types of injuries you sustained
How the crash and resulting injuries have affected your ability to work
Whether your own negligence was a contributing factor to the wreck
Available insurance benefits and policy limits

As a general rule of thumb, cases are valued highest when injuries are catastrophic and life changing.

However, the Charleston, WV personal injury attorney you hire can also have a profound impact on the value of your car accident case. Warner Law Offices, PLLC has been recognized as one of the Best Law Firms in America by Rue Ratings and Best Law Firm in the Valley by Charleston newspapers. Why? Our client satisfaction and proven ability to win can’t be beaten.

We represent clients throughout West Virginia and surrounding states. Contact us to discover how we can help you make the most of your rear-end car accident claim.

Who Is At Fault in a Rear-End Collision in West Virginia?

The rear driver is most often found to be at fault in rear-end collisions. West Virginia law states that drivers must not follow other vehicles more closely than is reasonably safe. Specifically, the governing statute provides as follows:

“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

More generally, West Virginia law requires drivers to exercise due care when operating a motor vehicle. This includes avoiding distractions that could impair their driving. A distracted driver may fail to slow down in time because they were texting, reading an email, eating, or doing something else that took their eyes off the road. If they cause a rear-end collision as a result, they could be responsible for damages.

When Is a Rear-End Accident Not Your Fault?

Importantly, though the following driver is typically at fault in rear-end collisions, that is not always the case. Sometimes, leading drivers also make poor decisions that result in a crash. For example, the following behavior may lead to liability for leading driver in rear-end collisions:

Brake checking
Sudden or abrupt stops
Changing lanes without proper signaling
Blocking the rear driver from passing
Backing into a vehicle without looking
Failing to maintain their brakes properly

If you were involved in a rear-end crash, speak with our West Virginia rear-end accident attorneys to learn more about your legal rights and options. We can conduct a thorough investigation of your case to determine liability and build a strong personal injury claim on your behalf.

What If I am Partially at Fault for the Rear End Collision Accident?

Again, both the leading and following driver can be at fault for a rear-end car accident. West Virginia uses a modified comparative fault system that assigns a percentage of fault to the involved parties in an accident. This system allows rear-end accident victims to recover damages, even if they share some fault.

Under the modified comparative fault system, if you are 50 percent or more at fault for the rear-end crash, you cannot recover damages. However, your damages will simply be reduced in proportion to your degree of fault below 50 percent. For example, if you were 10 percent responsible for an accident in which you suffered $1 million in damages, you could recover $900,000.

Our experienced rear-end accident law firm in West Virginia can help you navigate the legal system by gathering evidence, proving negligence, and helping you claim the full extent of your damages. When the at-fault driver tries to unfairly blame you, we are ready to push back hard.

What Causes Most Rear-End Collisions?

According to data from the National Highway Traffic Safety Administration, there were 2,949 fatal rear-end collisions and 475,774 rear-end crashes that led to injuries nationwide in 2021. Numerous factors increase the risk of a rear-end collision, including:

Tailgating
Speeding
Distracted driving
Fatigued driving
Merging unsafely
Failing to stop at yellow and red lights
Road rage
Drunk driving
Road defects
Mechanical failures
Poor weather conditions

Common Rear-End Car Accident Injuries

Even at low speeds, rear-end collisions can cause serious, potentially life-changing injuries, including:

Whiplash
Neck injuries in West Virginia
Slipped discs and herniated discs
Spinal fracture
Other back injuries
Soft tissue damage
Nerve damage
Concussion
Broken bones
Facial injury
Eye injury
Seat belt injury
Chest injury
Burn injuries in West Virginia
Shoulder injury
Knee injury

Every year, thousands of rear-end collisions are fatal, too.

If you’ve been injured or lost a close family member in a rear-end crash in West Virginia, reach out to Warner Law Offices, PLLC for help. Our Charleston car accident attorneys can help you understand your legal options and work toward a meaningful financial recovery.

How long do I have to file a lawsuit after a rear-end car accident in West Virginia?

After a rear-end collision, the car accident statute of limitations in West Virginia outline a time limit of two years to file a claim for damages.

It’s important to get a jumpstart on your car accident case. Once the statute of limitations runs out, you will give up the right to seek compensation for your rear-end crash injuries.

Respected Rear-End Accident Lawyers Ready to Help You

If you or a loved one suffered injuries in a rear-end collision, our rear-end accident lawyers in Charleston, WV, can help you pursue justice, accountability, and compensation. Our full-service personal injury law firm has won tens of millions of dollars in compensation for our clients. Let us put our experience and expertise to work for you.

Call (304) 345-6789 or reach our online to schedule your free consultation with our team. We proudly defend the rights of injury victims in Charleston and throughout West Virginia.

Rear-End Accident Lawyerin Charleston, WV