Defendant's Attorney: John T. Pion, Jordan C. Hettrich, Timothy R. Smith

Description: Charleston, West Virginia personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theories.

"West Virginia auto negligence law, like in most states, revolves around the concept of negligence - essentially, the failure to act with the reasonable care that a person in similar circumstances would exercise. In the context of car accidents, it refers to a driver's failure to operate their vehicle with due care, resulting in injury or damage to others.

Here are some key aspects of West Virginia auto negligence law:

Duty of Care: Every driver on the road in West Virginia has a duty to act reasonably and safely to avoid causing harm to others. This involves obeying traffic laws, maintaining a safe speed, driving attentively, and avoiding distractions.

Breach of Duty: To prove negligence, the injured party (plaintiff) must show that the driver (defendant) breached their duty of care. This means demonstrating that the driver acted in a way that was unreasonable and fell below the expected standard of care.

Causation: The plaintiff must also establish a causal link between the driver's breach of duty and the resulting injuries or damages. This means showing that the accident wouldn't have happened if the driver hadn't been negligent.

Damages: If negligence is proven, the injured party can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and property damage.

Comparative Negligence: West Virginia follows a modified comparative negligence law. This means that if the injured party contributed to the accident, their damages will be reduced by their percentage of fault. However, they can still collect damages as long as their fault is less than 50%.

Insurance: Most drivers in West Virginia are required to carry liability insurance, which covers the costs of damages they cause to others in an accident.

Here are some helpful resources for further information:

West Virginia Code Chapter 55, Article 7: http://www.wvlegislature.gov/WVcode/code.cfm?chap=55&art=3A (Specifically Section 13a for negligence standards)
West Virginia State Bar: https://wvbar.org/ (For finding lawyers specializing in auto accident cases)
National Highway Traffic Safety Administration (NHTSA): https://www.nhtsa.gov/ (For information on traffic safety laws and regulations)

Please note that this is a general overview of West Virginia auto negligence law, and specific legal advice should be sought from a qualified attorney familiar with the details of your case."

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Outcome: AGREED DISMISSAL ORDER directing that this civil action is dismissed with prejudice and this matter is stricken from the docket of the Court. Signed by Judge Joseph R. Goodwin on 12/18/2023. (cc: counsel of record; any unrepresented parties) (lca)

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