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How a West Virginia resident may be able to prove negligence

Like the rest of the United States, West Virginia sees many car accidents every year, in part because the state is prone to inclement weather such as blizzards and freezing rain. However, negligent driving is another leading cause of car crashes. West Virginia residents who have suffered a personal injury as a result of another driver's negligence may want to take the issue to court, but proving negligence can be a complicated issue. First, it must be proven that the driver failed to exercise reasonable care.

Failure to exercise reasonable care is easiest to prove when there is dashcam footage available. Dashcam footage that shows a driver swerving in and out of their lane or following another vehicle too closely can go a long way toward proving that they were driving negligently. A driver might even be found negligent because they only had one hand on the steering wheel.

Use of a mobile phone while driving can also be a way to prove a driver was negligent. In some states, it is illegal to use a mobile phone at all unless it is in hands-free mode. In all states, texting while driving is illegal. If it can be proven that a driver was inattentive as a result of their mobile phone, the court may decide the driver was negligent.

The condition of the vehicle may also be considered by the court. For example, if it was dark outside or rainy at the time of the accident and the driver's headlights were burned out, he or she may be found negligent.

A pedestrian, driver or passenger who is injured in a motor vehicle accident may find it helpful to consult an attorney with knowledge of personal injury law. An experienced attorney may be able to help the injured party seek compensation for damages, including medical expenses and lost wages.

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Kuenzel Law, PLLC
36 Adams Street
Chapmanville, WV 25508

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