Mehalic Law: Fighting for a Safer West Virginia
When you have been injured in a motor vehicle accident, you need an experienced Morgantown car accident lawyer in your corner. Mehalic Law welcomes clients across West Virginia, including Morgantown, Wheeling, Martinsburg, and beyond.
Car Accidents
Commercial Truck Accidents
Bus Accidents
Motorcycle Accidents
Pedestrian Accidents
ATV Accidents
Regardless of the vehicle involved, our Morgantown car accident lawyers are here to guide you through the claim resolution process and get you the settlement you deserve. We’re with you every step of the way.
Get The Compensation you Deserve: Work With An Experienced Car Accident Lawyer
“Do I need a lawyer?”
If you speak to a car accident attorney, that question will be easy to answer. Many Morgantown, WV car accident survivors will struggle to settle their cases on their own because they believe that their case is “too small” to involve an attorney.
Here are a few situations where you should definitely speak to a lawyer:
- You have a severe injury from a car accident injury
- Liability (who was at fault) is not yet determined
- Your accident involved commercial vehicles like a bus, Uber or government vehicle
- Multiple parties are involved
- Your insurance company has been slow to respond or has only given “low-ball” offers
At Mehalic Law, we will listen to you and help steer you in the right direction, regardless of whether you require our services. Our law firm offers free consultations, and we never receive money until you do.
Pro Tip: According to recent research, accident victims who are represented by an attorney receive 40% higher settlement offers than those who are not.
What does a car accident attorney do?
In brief, car accident attorneys have to show that their clients were harmed by the negligent actions of another party. In providing assistance in your Morgantown car accident, we will:
Review your claim
Determine liability
Provide legal advice
Present evidence on your behalf
Speak on your behalf with insurance adjusters and opposing counsel
Negotiate your case for maximum compensation
An experienced Morgantown car accident attorney will also know how to collect on “non-economic” damages, like loss of enjoyment of life, and pain and suffering. Generally speaking, your claim will resolve quicker, easier, and for more money with an attorney than without.
Why wait? Contact Mehalic Law, your experienced Morgantown car accident lawyers today. Contact Us at (304) 346-3462 for a free consultation
Frequently Asked Questions
As a personal injury attorney, I field all types of questions about personal injury claims. My mission is to educate West Virginians about the laws and procedures in our state—and to warn them about common pitfalls that many people don’t realize until it’s too late.
How common are car accidents in West Virginia?
West Virginia sees car accident fatalities well above DOT target numbers. The vast majority of these tragic events were 100% preventable. Here are some additional facts about car accident cases in the U.S.:
Each year, between five and six people in every 100,000 will die from a car accident. (Source: Insurance Institute of Highway Safety)
Distracted driving was found to be involved in 3,522 fatal car accidents in 2021. (Source: National Highway Traffic Safety Administration)
Nearly 40 people die in drunk-driving crashes every day. In 2021,13,384 people died in crashes in which one party was driving under the influence. (Source: National Highway Traffic Safety Administration)
Passenger cars are involved in 96% of all car accidents—and 78% of all fatal crashes. (Source: National Highway Traffic Safety Administration)
More than six million passenger car crashes happen every year, with nearly half resulting in injuries.(Source: World Health Organization)
Car crashes are the leading cause of death for American youths ages 16-24. (Source: National Highway Traffic Safety Administration)
Pro Tip: If your insurer offers you a settlement after an accident, always talk to an attorney before accepting it.
What kinds of injuries happen during a car accident?
Car accidents can cause a variety of immediate, short-term, long-term, and chronic health conditions, including:
- Neck and spinal cord injuries, up to and including paralysis
- Traumatic brain injuries (TBIs)
- Whiplash and soft-tissue damage
- Broken bones and joint dislocation
- Loss of limbs (amputation)
- Disfiguring injuries
- Internal injuries
- Mental health complications, including PTSD
- Sepsis
- Death
Every car accident is different, and no two people will have identical medical case files. Be sure to see a medical doctor after your accident to assess the extent of your medical issues.
What should I do after a car accident?
You may go into shock in the moments after a car accident; this state of mind may dull the seriousness of your injuries. After an accident, the most important thing to do is is to see a doctor and get a full medical examination. If you have any injuries that are slow to show symptoms, a medical examination will support your claim for medical expenses.
Additionally, here is a simple list of what to do immediately after a car accident:
- Check yourself for injuries.
- Call the police to report the incident and dispatch emergency medical services.
- Exchange information with the other driver(s), including full names and insurance information. Do not admit liability or say that you feel “fine”.
- Take photos and videos of your visible injuries, your vehicle interior and exterior, and the position of the vehicles relative to each other.
- Find witnesses, if any, and gather their information. Video testimonials are great.
- Notify your insurance company to begin your claim.
Pro Tip: Keep our number in your glove box with your insurance information to use in case of emergencies: (304) 346-3462.
How much does a Morgantown car accident lawyer cost?
Our clients never pay anything upfront. Mehalic Law uses a “contingency-fee” structure, which means that we only get paid when you get paid. Clients are not responsible for any legal fees if Mehalic Law is unable to collect on their claim.
Contact Mehalic Law for a Free Consultation Today
How long will it take to resolve my car accident claim?
While the speed of your case resolution depends not just on your attorney’s responsiveness but also on the specifics of your case. The degree and severity of your injuries, whether or not you have any liability for the accident, insurance company policies, and local or state court backlogs will all factor into how fast we can get you compensation.
At Mehalic Law, our goal is to make sure your settlement never gets delayed—and that you get the compensation you deserve. Call Mehalic Law at (304) 346-3462 for your free consultation.
I was hit by a drunk driver. What do I do?
Drunk-driving accidents are tragically common in West Virginia. According to the WVDMV, 24% of all vehicle fatalities were alcohol-related over the last five years. Over the same time period, there were 3.08 impaired fatalities per 100,000 people in the state. While drunk driving accidents frequently result in serious injury or even death, these tragedies almost always present clear liability.
Mehalic Law is committed to seeking full compensation for anyone injured in a West Virginia DUI accident. Call (304) 346-3462 to discuss your case.
Who pays for my medical bills and lost wages?
West Virginia follows what are called “at-fault” or “tort” state guidelines. This means that the person who is found at fault will be responsible for paying for the medical expenses and property damage resulting from the accident.
Who can I file suit against in West Virginia?
In West Virginia, you may file an injury claim against anyone whose behavior or negligence contributed to your car accident. This includes, but may not be limited to:
- Other drivers involved in the crash
- The driver (and/or passenger) of your own car
- Truck drivers, trucking companies, and truck dispatch service providers
- Bus drivers and transit companies
- Motorcyclists and moped operators
- Bicyclists and pedestrians
- West Virginia Public Transit Association
- Morgantown Personal Rapid Transit
- Parts manufacturers
- Auto mechanics
What is the most common misunderstanding about filing a car accident claim?
People think they can’t afford a lawyer (or that they don’t need one anyway). This is the most common misconception I see. Many don’t want to spend time fighting with insurance companies, so they accept the first settlement offer that their insurance company brings them. This can leave thousands—sometimes even hundreds of thousands—of dollars on the table.
Did you know? According to research, people who hired attorneys received 40% more in insurance settlement offers, on average, than those who did not. Even a “simple” car accident can be deceptively complicated. Your insurance claim provider may be pleasant during your interactions, but they are still looking after their company’s bottom line, not yours. That’s why it’s always a good idea to talk to an experienced West Virginia car accident lawyer to determine your next steps.
Need a Morgantown, WV Car Accident Lawyer? Reach out now!
How long do I have to file a car accident lawsuit in Morgantown?
The amount of time you have to file a personal injury lawsuit in West Virginia is typically two years from the date of the accident. This is also known as the statute of limitations, which varies by state. However, there are two exceptions to this rule:
- If the plaintiff is a minor, they would have 2 years from their 18th birthday to file suit.
- If the plaintiff has a legal disability that hinders them from exercising their legal rights, they would have 2 years from the date that their capacity is regained to file suit.
No matter what your situation, you should never delay speaking to an attorney about your case. The sooner you pursue compensation after your accident, the easier your claim may be to resolve; witnesses may be harder to track down, and evidence may be harder to collect if too much time has elapsed.
What is my case worth?
The value of any personal injury case depends on two main factors liability (who was at fault) and damages (what was lost as a result).
Mehalic Law seeks full, fair compensation on every claim. This may include property damage, medical expenses, wage loss, loss of earning capacity, pain and suffering, loss of consortium, and so forth. We explore every way to collect on your accident, including the pursuit of multiple lines of insurance, product or parts defects, unusual applications of state law, and more.
Determining your case’s value starts with a free consultation from Mehalic Law. Contact us today to see how we can help: (304) 346-3462.
What kind of expenses can I sue for?
Collectible damages include any or all of the following:
Medical Expenses
- ER visits
- Medical appointments
- Surgery
- Rehabilitative tools
- Physical therapy
- Occupational therapy
- Medications
- Mental health counseling
- Long-term care, including future medical expenses
- Other healthcare-related costs
Lost Wages
Did you have to take an unpaid leave of absence from your job after the accident? The wages you would have earned at work may be recoverable.
Loss of Earning Capacity
If your accident has permanently impaired your ability to work or changed the nature of the kind of work you do, you may be able to receive a damage award that covers this permanent change in income.
Pain and Suffering
Have you suffered “pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury”? This is what the law callspain and suffering; depending on the specifics of your case, it may be recoverable. Pain and suffering also include relational and reputational damage that stems from your injury.
Punitive Damages
“Punitive damages” are damages that may be awarded in cases where the defendant acted outrageously or with disregard to someone’s well-being. Punitive damages may be applied to your case to penalize the defendant for their behavior. If you believe you are entitled to punitive damages, you will need an experienced car accident lawyer.
What if I share some of the blame for the accident?
According toWest Virginia comparative negligence law, if you are found less than 50% at fault for the accident, you can recover compensation. Your total damage award will be reduced by the percentage of the responsibility you share. If you are found to be 50% or more responsible for the accident, you will not be able to recover damages from the other party.
Example: Let’s say you were in a car accident that has cost you $100,000 in medical expenses, wage loss, and property damage. If you were found to be 25% at fault, your total damage award would be reduced by your share of liability or 25%. If the jury awarded you $100,000, its award would be reduced by $25,000 to $75,000 in order to reflect your share of liability.
What if the driver who hit me is uninsured?
According to the most recent research, about 1 in 10 West Virginia drivers is driving without insurance. That’s nearly 400,000 uninsured drivers on our roads!
If an uninsured driver hits you, you will not be able to collect an insurance claim through them. Your first option is to go to your own insurer and collect on your uninsured motorist coverage (UM).
NOTE: This is a non-mandatory type of insurance West Virginia. Check to see if you have opted for UM insurance coverage. (If you don’t have it yet, it is definitely worth getting.)
Your second option is to file a lawsuit directly against the uninsured driver who hit you and go after their personal assets. You may not be able to recover much this way; however, in many cases, drivers who do not carry insurance do not have ample resources or large cash deposits.
If you have been hit by an uninsured motorist, talk to an experienced Morgantown car accident lawyer about your options. We may be able to find other options for recovering damages on your claim, including product liability issues or city or state liability.
Give us a call to explore your legal options
Types of Driver Negligence in West Virginia
Driver negligence is at the heart of most motor vehicle accident cases. Examples of the types of negligence that can cause or contribute to a crash include:
- Distracted driving
- Intoxication with alcohol or drugs, including prescription or over-the-counter drugs
- Drowsy driving
- Failure to yield right of way
- Speeding over limit
- Excessive speed for the conditions, even if under the speed limit
- Failure to signal
- Running a red light or stop sign
- Following too closely
- Failure to maintain lane
- Unsafe lane change
- Driving on the wrong side of the road
- Improperly secured cargo
- Aggressive driving
Distracted Driving
Distracted driving contributes to far too many crashes and it is completely preventable. Texting and device use may be common driving behavior, but that does not relieve drivers of their responsibility, when they cause an accident. Old, no-tech distractions are also still a real threat on our roadways. Common distractions that lead to WV motor vehicle accidents include:
- Texting, using social media, watching videos, and other device use
- Talking on the phone
- GPS use
- Adjusting vehicle settings, such as a seat position or climate control
- Adjusting the stereo
- Eating and drinking
- Personal grooming
- Tending to children
- Talking to or roughhousing with passengers
- Rubbernecking
- Daydreaming
- Reading
Proving distracted driving takes skill and experience, but just as today’s technology makes distracted driving more prevalent, it also provides us with more sources of evidence. Examples of the types of evidence that may be used to prove distracted driving include:
- Phone records
- Footage from traffic cameras, web cams, surveillance cameras, and other cameras in the area
- Photos and video taken by witnesses, passengers or event the distracted driver often posted to social media
- Witness statements
Defective Vehicles
Defective vehicles are behind many senseless tragedies. You have probably heard about a few high-profile recalls on the news, but they represent only a small portion of defects that cost lives every day. More common are the defects that never make the news and do not prompt recalls. The defect that caused or contributed to your injuries does not need to be in the news to be the subject of a recall in order for you to recover compensation through a product liability lawsuit.
Some defects cause accidents, while others cause injuries to be worse in accidents that have another cause. A few, such as airbags that deploy when they should not, can do both. Examples of a WV car malfunction that can cause accidents or injuries include:
- Faulty suspension
- Defective steering systems
- Defective tires
- Faulty brakes
- Faulty ignition switch
- Defects leading to unintended acceleration
- Electrical system defects
- Faulty sensors
- Defective design leading to rollover
- Defective electronic stability control (ESC)
- Fuel system defects
- Collapsing seat backs
- Defective seat belt
- Defective air bags
- Poor roof crush resistance
- Defective window glazing
- Defective door latch
It is worth mentioning that there are also defects that can cause injury or death to people who are not in the vehicle and without the vehicle being in use. A truck or car malfunction in WV can involve cars parked inside garages, injuring or killing people in the home. It might include electrical system defects that cause fires and keyless ignition defects leading to carbon monoxide poisoning.
If a defective vehicle has caused your accident or contributed to the seriousness of your injuries, we will seek compensation from one or more of the following:
- Auto manufacturer
- New or used dealership Parts manufacturer or seller
- Rental company
- Repair shop
- Another along the supply chain, such as a car hauler
ATV Accidents in West Virginia
Even though the majority of ATV accidents happen off-road, you can still recover compensation of your injuries in many cases. All terrain vehicle (ATV) accidents in West Virginia sometimes involve driver negligence, but more often are caused by defective ATVs. Defects are not limited to those which cause a malfunction. ATVs are often marketed for use by children who are too young to use them safely or for use in ways they cannot safely perform. Many lack the proper warnings of specific dangers that users can avoid.
Truck Accidents
Accident cases involving commercial trucks are much more complex. State and federal trucking regulations can apply. The trucking company is typically held liable, even in cases where truck driver negligence caused the accident. Trucking companies have many legal duties, including proper hiring and monitoring practices and proper maintenance of their vehicles.
Bus Accidents
Like trucks, buses are also subject to state and federal regulations, and there may be another layer of complexity. Depending on the type of bus, you may be suing a government entity, such as a municipality or school district. This affects the time limits involved and the rules and procedures for pursuing your case. You need the help of an experienced bus accident attorney to determine who can be held liable and ensure that all of the details of your case are handled properly and in a timely fashion so that your case is not lost on a technicality.
Bus accidents also frequently involve pedestrian injuries. It is far more common for passengers to be injured while boarding or exiting buses than to be injured in a collision between a bus and another vehicle. And, when injuries involve people boarding or exiting buses, they often involve dangerous bus stop design, which may lead to a defective roadway lawsuit.
Contact Our Experienced WV Motor Vehicle Accident Attorney Before It Is Too Late
Please, don’t go it alone after a motor vehicle accident. The insurance companies will use every trick in the book to stand between you and your money. If you are not represented by an attorney, the insurance adjusters and their attorneys are even more likely to take advantage of you.
When you choose Mehalic Law PLLC to represent you in your motor vehicle accident claim, your initial consultation is free of charge. If you choose to move forward with your case, I will represent you on a contingency fee basis. That means you do not pay attorneys’ fees unless we win money for you.
Call 304-346-3462 or complete the form on this page to schedule your free consultation today. Our firm serves Morgantown, Wheeling, Martinsburg and other areas throughout West Virginia.