Determining who caused a car accident in West Virginia can affect your ability to recover compensation for your injuries and losses. West Virginia uses a modified comparative fault system. Your recovery may be reduced based on your share of fault, and you may be unable to recover if your fault is greater than the combined fault of the other responsible parties. Because of this, evidence showing how the crash happened can play an important role in your claim.
Gathering evidence at the accident scene
The moments after a crash can provide important opportunities to preserve evidence. If you can do so safely, take photographs of the scene from several angles. Photograph the vehicle damage, skid marks, traffic signs, road conditions and positions of the vehicles. These images may help show how the collision occurred.
Get contact information from anyone who witnessed the crash. Witness accounts can support your version of events, especially when the witness has no connection to either driver. Write down each witness’s name, phone number and email address before they leave the scene.
You should also preserve any other evidence available at the scene. Avoid moving or discarding damaged items that could help show what happened unless doing so is necessary for safety.
The importance of police reports
Calling the police after a crash can create an official record of the incident. Officers may document the scene, speak with drivers and witnesses and record their observations about what happened. A police report may also note whether an officer issued a traffic citation.
A police report does not automatically determine who holds legal responsibility for the crash. However, it can provide useful information for reviewing the circumstances of the collision. Obtain a copy of the report from the law enforcement agency that responded to the crash and check it for errors or missing information.
Additional documentation that supports your claim
Medical records can document your injuries, treatment and related expenses. Keep copies of medical bills, receipts, repair estimates and other records related to the crash. These documents can help show the losses you experienced after the collision.
Other sources may also contain evidence of what happened. Traffic cameras, dashcams or nearby security cameras might have captured the crash. If you know of potentially useful footage, try to preserve it promptly because some systems automatically delete older recordings.
Cellphone records may also help establish whether a driver was using a phone around the time of a crash. However, those records may not show exactly what the driver was doing at the moment of the collision. Other evidence, such as witness accounts or video footage, may provide more direct information.
Understanding traffic violations and fault
Evidence that another driver violated a traffic law can support a claim that the driver caused the crash. Common violations include speeding, running a red light or stop sign, making an improper lane change and following too closely.
A citation may support your argument that the other driver violated a traffic law, but receiving a citation does not automatically establish civil liability. Likewise, the absence of a citation does not necessarily mean the other driver was not at fault.
Because West Virginia considers the fault of multiple people when allocating responsibility, you may also need evidence that addresses any allegation that you contributed to the crash. Photos, witness statements, video footage and other records can help provide a fuller picture of what happened.
Building your case effectively
The evidence you collect can help show how the crash happened and who may have caused it. Photographs, witness accounts, police reports, medical records and video footage can each provide useful information.
Try to preserve evidence as soon as possible after the crash. Keep your records organized and save documents related to your injuries, vehicle damage and other losses. A well-documented record can help you explain what happened and support your compensation claim.