Challenging Fault Determinations in West Virginia Car Accidents

Millions are injured in accidents each year; this gives rise to thousands of lawsuits involving products liability, medical malpractice, personal injury, and other negligence claims. The main objective of these cases is to obtain justice for clients by obtaining the maximum amount of monetary compensation available and holding all responsible parties accountable for their negligence or wrongdoing. In order to do so, however, there are many allegations that must be proven that will allow a determination that you or your loved one are entitled to relief. The car accident lawyers at Colombo Law want to assist you in obtaining the relief you deserve. For a risk-free initial consultation, contact Colombo Law today.

Understanding Fault in a Car Accident

In personal injury actions, fault is associated with the legal liability of a person or entity. Usually, a determination of fault requires a finding that the individual or entity either acted or failed to act with the required responsibility, which resulted in another individual being harmed. Generally, fault is determined on a case by case basis. To properly assign fault to one or more parties, there must be a review of the specific facts and circumstances of the accident or incident. The information acquired from these sources and other evidence is subsequently used to determine fault.

Fault Determinations in a Car Accident: A Source of Error

In many cases, insurance companies, law enforcement officers, and the like form incorrect opinions as to who engaged in wrongdoing, unfairly exposing that individual to potential liability. In fact, the recent accident involving Venus Williams highlights how an incorrect determination by law enforcement officers at the time of the accident can wreak havoc on an individual’s life. However, many confuse the responsibilities of law enforcement officers because they believe that law enforcement officers assign fault for purposes of legal liability. However, law enforcement officers collect and record the information for the purpose of creating a police report. Police reports are not a determination of fault, even if the report clearly indicates wrongdoing on the part of one individual. While a police report is used to assist others, such as insurance companies, in determining fault, it is not the decisive factor.

Challenging Fault in a Car Accident: Call Colombo Law

If you are the victim of an accident or incident in the state of West Virginia but have been told you were partially at fault for an accident, contact Colombo Law. Our experienced attorneys will thoroughly review your claim to determine whether to challenge any assignment of fault by insurance companies and help assist you or your loved in obtaining the monetary relief you deserve. Call us at 304-599-4229 for a free case review today.

by Colombo Law
Last updated on - Originally published on