Practice Areas

Motor Vehicle / Auto Accident Lawyers

Frequently Asked Questions

Facts and Figures
2002 West Virginia Statewide Crash Totals
What Do I Do If I Am In An Accident?
Do I Have Adequate Automobile Insurance?
Do I Need Underinsured and Uninsured Motorist Coverage?

Introduction to West Virginia Auto Accidents

According to the 2002 Crash Data from the West Virginia Department of Transportation, there were 49,913 motor vehicle crashes in the State of West Virginia, including 16,859 injury crashes and 444 fatalities. There were 4,464 motor vehicle crashes caused by impaired drivers causing 2,873 injuries and 174 fatalities.

If you have been injured in a car wreck and suffered a soft tissue injury including a sprain, strain, whiplash, bruise, or abrasion, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

If you have suffered a serious injury in a car wreck including a broken bone, spinal injury, concussion, paralysis or brain injury, you may be entitled to substantial economic and non-economic damages as may be afforded under West Virginia including compensation for future medical bills, future wage loss, permanent physical injuries, scarring, disfigurement, pain and suffering, and loss of ability to enjoy life.

If a family member has been killed in a car wreck, you may be entitled to qualify as the administrator of the Estate and pursue a wrongful death action under West Virginia law to recover (A) Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent; (B) compensation for reasonably expected loss of (i) income of the decedent, and (ii) services, protection, care and assistance provided by the decedent; (C) expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death; and (D) reasonable funeral expenses.

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Facts and Figures

Traversing mountains, valleys, wild rivers and rolling countryside, the roadways maintained by WVDOT include:

37,370 miles of public roads
34,610 miles of state highway
88 miles of the West Virginia Turnpike
549 miles of Interstate highway (out of the nation's 46,068)
1,736 miles of the National Highway System (out of the nation's 158,920)
6,343 bridges, of which 32 percent are more than 100 feet in length
2 national and 8 state scenic byways
1,366,108 registered drivers
1,609,105 registered motor vehicles
19,122,314,000 annual vehicle miles traveled

2002 West Virginia Statewide Crash Totals

http://www.wvdot.com/engineering/Manuals/Traffic/2002CrashDataBook.pdf

What Do I Do If I Am In An Accident?

STOP
West Virginia law requires the driver of any vehicle involved in an accident to immediately stop the vehicle at the scene of the accident or as close thereto as possible and remain at the scene of the accident. Every such stop shall be made without obstructing traffic more than is necessary.

DUTY TO GIVE INFORMATION
West Virginia law requires the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with.

DUTY TO RENDER AID
West Virginia law requires the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall render to any person injured in such accident reasonable assistance, including the carrying, or the making arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

NOTIFY THE AUTHORITIES
West Virginia law requires the driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars or more shall immediately by the quickest means of communication, whether oral or written, give notice of such accident to the local police department if such accident occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the West Virginia state police.

NOTIFY YOUR INSURANCE COMPANY
Most automobile insurance policies require the driver to timely notify the insurance company of a potential claim. You may also contact your insurance agent for assistance regarding your obligations to the insurance company.

What Do I Do If I Accidentally Bump Into An Unattended Vehicle?

The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.

Do I Have Adequate Automobile Insurance?

There is no such thing as "full coverage." An automobile insurance policy may contain coverages which may compensate you if somebody crashes into you and may contain coverages which may compensate a third party if you crash into them. Each insurance company has a variety of coverages which you may choose. Make an appointment with a trial lawyer for a free consultation on whether you have adequate automobile insurance.

Do I Need Underinsured and Uninsured Motorist Coverage?

Underinsurance is insurance you purchase to protect you and your family if you are injured in an automobile accident caused by a driver who does not have enough insurance to compensate you for injuries and damages caused by the negligent operation of a motor vehicle. If you purchase underinsurance, your insurance company will provide you coverage in excess of the insurance of the negligent driver. The more underinsurance you purchase, the more coverage you have. The insurance company does not penalize you for submitting a claim under your underinsurance coverage. Your insurance company is required to offer underinsured motorist coverage to you and explain how it operates.

Uninsurance is insurance you purchase to protect you and your family if you are injured in an automobile accident by a driver who does not have any insurance. It is against the law to operate a motor vehicle which is not insured. If you purchase uninsurance, your insurance company will provide you coverage despite the fact that the other driver is uninsured. The more underinsurance you purchase, the more coverage you have. The insurance company does not penalize you for submitting a claim under your uninsurance coverage. Your insurance company should sell you $20,000.00 minimum uninsured motorist coverage.

It's All About the Money You Deserve

Car wrecks are probably the most common form of personal injury case found in the court system today: thousands of people die or are seriously injured in auto accidents each year, usually through the negligent actions of another driver. The injured person will then have to deal with their insurance company or the insurance company protecting the negligent party in order to recover damages. Rarely do insurance companies have an injured person's best interests in mind. Their goal is always to reduce their financial exposure and to force the injured person into a quick agreement, preferably without legal representation or a clear knowledge of their legal rights. Our lawyers have experience handling a variety of auto accident personal injury cases including the following:

Single Car Multi-Car Collisions
Passenger Pedestrian Accidents
Motorcycle Accidents
Truck / Tractor-Trailer / 18-Wheeler Accidents
Hit & Run Accidents
Drunk Driver Victim Accidents
Boat / Train / Airplane Accidents

The auto accident attorneys at Wilson, Frame, Benninger & Metheney, PLLC deal regularly with insurance companies and their lawyers. While a negotiated, out-of-court settlement is always preferable, they are experienced trial litigators who will file a lawsuit and present the case to a jury in order to collect damages for injuries and damages sustained, including medical bills, lost wages, property damage, and pain and suffering.

A private individual would rarely have the financial resources to mount a serious personal injury or wrongful death case. Depositions, expert witnesses, and accident reconstruction must all be prepared with considerable up-front costs. The car accident lawyers at Wilson, Frame, Benninger & Metheney, PLLC, have the legal and financial resources to cover these costs with no charge or expense to the client until a settlement is made in their favor. All personal injury cases are handled on a contingency basis with an extensive evaluation of insurance claims in order to obtain the highest possible recovery from the insurance company as well as other liable parties. In drunken driver or DUI accidents, our attorneys will identify all liable parties in the chain of distribution, from the alcohol producer and distributor to the retailer who served the negligent individual.

Contact Our West Virginia Auto Accident Lawyers

The car accident attorneys at Wilson, Frame, Benninger & Metheney, PLLC, represent clients throughout West Virginia and Western Pennsylvania. Our firm offers free initial consultations, 24-hour legal service, and contingency fee arrangements on auto accident cases.

If you or a family member has been injured in a West Virginia car accident, please contact our auto accident lawyers for a free initial consultation. Our attorneys can be reached toll free at 1-800-734-7070, by e-mail, or by filling out the intake form on the Contact Us page.

The offices of Wilson, Frame, Benninger & Metheney, PLLC, are located in Morgantown, West Virginia. We serve clients throughout West Virginia and Western Pennsylvania, including the cities of Morgantown, Fairmont, Clarksburg, Kingwood, Elkins, and Grafton.