How does liability for a car accident get determined?

In West Virginia, liability for a car accident is determined through a legal process called contributory negligence. This process may be used by the courts to apportion fault or blame for an accident between two or more parties. The amount of fault or blame assigned to each party is known as negligence. Contributory negligence is based on a traditional legal concept known as ‘comparative negligence’. Essentially, the legal determination of liability for a car accident must take into account the level of contribution, or fault, of each driver to the resulting accident. Each driver must prove that the other was more at fault than themselves. This can be determined through the use of evidence such as photographs, medical records, witness statements, and accident reconstruction reports. The more evidence a driver can collect to prove their claim, the more likely they are to successfully argue their case. Ultimately, the courts will take into account all of the factors involved in the accident to come to a decision regarding liability for the accident. This decision will be made on a case-by-case basis and the court will evaluate the evidence carefully to decide who is more likely to have contributed to causing the accident. If liability is successfully proven, the party found to be at fault may be required to pay for the damages caused by the accident.

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How does liability for a car accident get determined?

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