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Charleston WV Distracted Driving Accident Lawyer
A car accident can change everything in a matter of moments. From the initial panic of the crash to seeking care for injuries and then figuring out how to pay for vehicle damage and medical bills, the aftermath of an accident fills those affected with stress and worry.
At Warner Law Offices, PLLC, we believe that the legal process for those who have suffered from a car accident should be as seamless as possible amidst this chaos. Many accidents happen because the other driver was distracted and failed to keep their eyes on the road. You shouldn’t have to pay the price for that.
Partner with our skilled, experienced, and empathetic Charleston, WV, distracted driving accident lawyers. We are here to build a strong case and skillfully pursue the justice you deserve. Contact us online or call (304) 345-6789 for a free consultation.
- How Can Our Charleston Distracted Driving Accident Attorneys Help You?
- What Are the Causes of Distracted Driving Accidents?
- Can I Sue if Someone Else’s Distracted Driving Caused My Accident?
- How To Prove Fault in a Distracted Driving Accident
- What Damages Can I Recover for a Distracted Driving Accident Claim?
- What Does West Virginia Do To Prevent Distracted Driving?
- Reach Out to Our Trusted West Virginia Distracted Driving Lawyers
- Meet Our Attorneys
How Can Our Charleston, WV Distracted Driving Accident Attorneys Help You?
The distracted driving attorneys at Warner Law Offices are award-winning advocates for clients across West Virginia and beyond. Our attorneys have significant experience in motor vehicle accidents, including:
- Auto accidents in Charleston, WV
- Bus accidents
- Truck accidents in Charleston, WV
- Motorcycle accidents
- Work zone accidents
- Drunk driving accidents in Charleston, WV
- Uber-Lyft accidents
- Jackknife accidents
We are a full-service personal injury law firm with a proven track record of success. Our legal team is dedicated to defending the rights of injury victims throughout West Virginia. With decades of combined experience, our attorneys understand how difficult the time after an accident is and how frustrating it can be to pursue compensation. We are here to support you every step of the way.
We Have Extensive Trial Experience
Every distracted driving attorney at Warner Law Offices is dedicated to securing the best recovery possible for every client. Sometimes, this means settling, and other times it means heading to trial. We don’t back down and stand ready to take your case to a jury. You can rest assured that our experienced team will explore every path and expertly advise you on your decisions throughout the legal process.
We Deliver a Compassionate Approach To Lawyering
Our client-centered approach to our work means your lawyer will get to know you personally. We understand the stress that you are under and know a successful case starts with empathetic and engaged listening to fully grasp your experience.
Our attorneys value excellent communication skills and compassionate representation. We will work hard to advocate for you and tell your story with the care and commitment you deserve.
- 20+ Years of Experience
- Award Winning Law Firm
- No Fees Unless You Win
- Millions Won For Our Clients
Our Accolades Translate Into Quality You Can Trust
As an award-winning firm across multiple trusted platforms, we have the experience and skills necessary to build a formidable distracted driving case. Our notable awards and accolades include:
- Top 10 Personal Injury Attorney in 2024 from Best of the Best Attorneys
- Top Premier Law Firm in the U.S. from Newsweek
- The National Trial Lawyers’ Top 100 Trial Lawyers
- America’s Top 100 Attorneys
- Attorneys included in West Virginia Super Lawyers® for several consecutive years
What Are the Causes of Distracted Driving Accidents?
According to the Department of Transportation, 3,308 people died in distracted driving accidents in the United States in 2022. An estimated 289,310 were injured. While some forms of distracted driving are more common than others, all can lead to fatal car accidents. Common causes of distracted driving include:
- Texting – When driving 55 miles per hour, sending or reading just one text can take your attention off the road for the length of a football field.
- Talking on the phone – According to the National Highway Traffic Safety Administration (NHTSA), talking or listening on a mobile device while driving, even in “hands-free” mode, can cause a distracted driving accident.
- Eating and drinking – Consuming food or drinks while driving increases your chance of crashing. Reaching for, opening, or tossing food containers can also be risky.
- Other occupants – A loud or distracting passenger may divert a driver’s attention away from the road and cause an accident.
- Adjusting equipment – Adjusting the radio or temperature controls, opening and closing windows, and similar activities while driving may feel like second nature. However, even these simple activities can spell danger for motorists when they lose focus on the road.
- Reaching for an object – Reaching for your phone, a dropped object, or something in the passenger seat takes more attention away from driving than you may think and is a common cause of crashes.
- Inattentiveness or daydreaming – If you’re mentally exhausted or preoccupied, you may struggle to focus on driving.
Our distracted driving accident lawyers have experience handling all kinds of car accidents. We have the knowledge, resources, and professional network to thoroughly investigate your claim, protect your rights after your distracted driving accident, and fight for maximum compensation.
Can I Sue if Someone Else's Distracted Driving Caused My Accident?
You can sue another party whose distracted driving caused your accident. To get compensation in a distracted driving accident claim, you normally must prove that the other party was negligent. Our Charleston, WV, distracted driving accident attorneys will work to prove the four elements of negligence:
- Duty – The other driver owed you a duty of care.
- Breach – They breached that duty.
- Cause – The breach of duty caused your accident.
- Damages – Your accident led to compensable damages.
People who drive must do so responsibly, including by not driving while distracted. For example, West Virginia law prohibits driving while holding a “wireless telecommunications device.” If a driver hit you while violating this law, your attorney can argue negligence per se (i.e., presumptive negligence by violating a statute intended to keep others safe).
Our accomplished Charleston, WV, distracted driving accident lawyers will gather all available evidence to prove that the at-fault party in your case is liable for compensating you for your injuries and losses. The sooner you reach out, the sooner we can conduct a thorough, independent investigation.
How To Prove Fault in a Distracted Driving Accident
Many kinds of evidence can prove that the driver at fault for your accident was distracted while driving, including:
- Police report – Call the police immediately after a car crash. They will secure the scene to protect everyone involved and document important details. This includes collecting information from all involved drivers and documenting any evidence of distracted driving, such as food containers within a driver’s reach or an active messaging app on a cell phone.
- Photographs and videos – Photo and video footage can help document the scene and reconstruct the accident to determine its cause. Footage from surveillance cameras or a bystander’s cell phone can provide critical evidence of distracted driving.
- Phone records – Texting or talking on the phone are the most common forms of distracted driving in West Virginia and nationwide. If there is a suspicion that the at-fault driver was using their cell phone in the moments leading up to a crash, your attorney can subpoena their cell phone records.
- Eyewitness accounts – If possible, speak to witnesses and get their contact information at the scene to support a potential claim. A witness may have seen the other driver eating, drinking, texting, or engaging in other distracted driving behaviors. Their statements can corroborate other evidence found at the scene. The police should also speak with eyewitnesses and document their version of events.
- Expert testimony – Our firm works with a network of experts who can review your case and testify on your behalf. They may be able to reconstruct the accident based on the evidence collected at the scene and eyewitness accounts.
Our Charleston, WV, distracted driving accident lawyers have extensive experience investigating car accidents, collecting evidence, and developing strong legal arguments to prove liability. We will also push back against claims that your actions contributed to the crash.
"The recovery process starts in places like a salvage yard where destroyed and burned out vehicles tell a story to our experiences about the crash, how it took place, how fast the at-fault driver was going before the impact, and what type of force was exerted on your body and the vehicle. Skid marks and surveillance cameras also tell a story to our forensic experts: did the at-fault driver attempt to apply his brakes, or was the at-fault driver distracted by a cell phone? The corporations that employ these at-fault drivers and their insurance companies have unlimited resources and teams of lawyers ready to fight you for every dime you deserve. You must choose a law firm that has the experience, financial resources, and access to the best experts to be able to stand up to these corporate giants and recover what is rightfully yours. There is no question about one thing: the insurance companies know very well which law firms have the skill, resources, and stamina to hold them accountable for these tragic accidents. At Warner Law Offices, we've been doing just that for over 20 years."
What Damages Can I Recover for a Distracted Driving Accident Claim?
You can seek several damages if a distracted driver hits you, causing financial hardship and other losses. These damages include:
- Economic damages – These are based on financial losses, such as medical bills, lost earnings, property damage, and the cost of home nursing care.
- Non-economic damages – These compensate for subjective harms, such as pain and suffering, PTSD, and loss of consortium. It is more difficult to place a value on non-economic damages without the assistance of a skilled attorney, but they can significantly increase your compensation.
- Punitive damages – In West Virginia, punitive damages are limited to cases where the at-fault party acted with malice or a conscious, reckless, or outrageous indifference to the health and safety of others. For example, a judge may allow punitive damages if the at-fault driver was speeding in a crowded area while texting and driving.
Our Charleston, WV, distracted driving accident lawyers have extensive experience calculating the full and fair compensation our clients are entitled to. We will fight for your rights at every step of the legal process. We will also help you determine if a settlement offer is too low to cover your losses.
We’ve recovered tens of millions in case results for countless deserving clients. Let us put our decades of experience to work for you.
What Does West Virginia Do To Prevent Distracted Driving?
West Virginia enacted the Electronically Distracted Driving Act (EDDA) in July 2012. This law prohibits using cell phones while driving unless it is hands-free. In 2023, the state expanded the ban on the use of hand-held electronics to include more modern devices like tablets.
West Virginia also participates in initiatives to reduce distracted driving, including the federal U Drive. U Text. U Pay. campaign and the annual Connect to Disconnect event. Both aim to increase awareness of the dangers of distracted driving and promote enforcement of texting and driving laws.
At Warner Law Offices, PLLC, we understand how serious distracted driving cases can be. Our attorneys understand the communities and laws in West Virginia. No matter the circumstances, we are fully equipped to handle any distracted driving accident claim.
Reach Out to Our Trusted West Virginia Distracted Driving Lawyers
If you’re recovering from a distracted driving accident, our compassionate and knowledgeable legal team at Warner Law Offices can help you on your journey toward justice. It costs nothing upfront to work with our attorneys, and you pay nothing unless we win your case.
Do not wait to take legal action. Reach out before evidence disappears, witness memories fade, and the West Virginia statute of limitations passes. Call (304) 345-6789 or contact us online to schedule your free case review.
Consultation
Charleston, WV 25301
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.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
Call us 304-345-6789 or
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