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Car Accidents

Charleston Car Accident Attorney

Compassionate Advocacy & Aggressive Representation

Even though you may take every precaution and practice safe driving techniques, you can’t control the behavior of other drivers on the road. When someone else’s careless actions lead to an accident, you may suddenly find yourself facing severe injuries, exorbitant medical bills, and time away from work that you and your family can’t afford. Troy Law Firm PLLC can help.

For 25 years, Charleston car accident attorney Mark Troy has helped accident victims throughout West Virginia and Eastern Kentucky seek justice and obtain millions of dollars in combined verdicts and settlements.

If you are facing physical, financial, and emotional strain in the aftermath of a car accident caused by another driver’s negligence, contact Troy Law Firm discuss your case for free. We help clients from Charleston and Huntington, West Virginia, Ashland, Kentucky, and other areas in nearby West Virginia and Eastern Kentucky.

Call us at (304) 315-2299 or complete our online contact form to get started.

Common Car Accident Injuries

Being hurt in a car wreck can be a jarring, life-altering experience. In an instant, the comfort and security of your vehicle can be transformed into a terrifying entanglement of shattered glass and jagged metal. In these cases, you may find that not only is your vehicle damaged, but so are you.

Car crashes can result in a variety of catastrophic personal injuries, such as:

  • Traumatic brain injury
  • Neck injuries
  • Back injuries
  • Burn injuries
  • Broken bones
  • Sprains and strains
  • Fractured vertebrae
  • Internal organ injuries
  • Ruptured or herniated disks
  • Spinal degeneration
  • Emotional trauma

In addition to the physical harm done to your body and vehicle in an auto wreck, the emotional damage you suffer may affect you for years to come. Some car accidents even result in death – at Troy Law Firm, we represent the families of wrongful death victims.

Causes of Car Wrecks

I-64, I-77, and I-79 intersect in Charleston and carry nearly 50% of Kanawha County traffic and about 35% of all Putnam traffic. These major interstates are also the scenes of many car wrecks in the area.

Catastrophic car accidents can happen to even the most conscientious drivers. Despite technological advances in vehicle safety, auto wrecks are daily occurrences throughout the U.S. and our local communities, often resulting in traumatic, lifelong repercussions.

Some of the most common causes of car accidents are:

  • Distracted driving: Whether eating, grooming, adjusting the radio, or talking to other passengers in the vehicle, drivers have encountered distractions while behind the wheel for decades. However, cell phones have made distracted driving more common and dangerous than ever. Texting, checking GPS, and other cell phone use while behind the wheel puts you, your passengers, and others on the road at considerable risk.
  • Driver fatigue: A common problem faced by truck drivers, driver fatigue accounts for a staggering number of accidents in the U.S. Excessive yawning, heavy eyelids, and drowsiness can cause drivers to unexpectedly change lanes, often veering over the center line or shoulder of a road.
  • Intoxication: When an intoxicated person gets behind the wheel of an automobile, they are making a dangerous choice that puts their own life and the lives of others on the road at risk. If it is proven that the driver responsible for your injuries was intoxicated, you may be able to pursue punitive damages in addition to compensation for your medical bills, lost wages, and pain and suffering.
  • Aggressive driving: When drivers exceed the speed limit, tailgate, or otherwise disregard traffic laws, they place other drivers and pedestrians in danger and should be held responsible for the injuries that occur due to their negligence.

Compensation in a Car Accident Case

Car wrecks can have a devastating impact on your life and the well-being of your family. Because of the serious personal injury that can occur as a result of a crash, you may face expensive medical bills, years of rehabilitation, and lost wages. Our Charleston car accident attorney is committed to fighting for the full and fair compensation you need to get your life back on track.

Depending on the details of your case, you may be eligible for compensation for:

  • Medical bills
  • Physical therapy and rehabilitation
  • Lost wages
  • Diminished earning capacity
  • Pain and suffering
  • Funeral expenses (in a wrongful death claim)

Insurance companies notoriously offer far less than the true value of a car accident claim. Mark Troy understands how to determine what your case is truly worth and can fight to obtain the full and fair compensation you deserve.

What if I am Partially at Fault for an Accident?

Fault vs. No-Fault Laws

When considering how car accident damages are paid, states either follow “fault” or “no-fault” laws. In fault states, people who are injured in collisions must identify which driver was liable and file a claim with that person’s insurance company. In no-fault states, proving fault is not necessary to recover compensation — every person’s insurance provider is responsible for their own policyholder. People who are injured in a car accident must file a claim with their own insurance company in order to recover compensation.

Benefits of a Fault State

No-fault insurance coverage may seem preferable to most drivers because recovering damages does not involve any negotiation with the other driver’s insurance company. In no-fault states, drivers do not need to present a case that proves the other driver’s liability.

Although filing a claim with your own insurance company and moving on seems like the simplest route, this is not always true. Fault states have their own benefits.

In a fault state, not filing a claim with your own insurance company could minimize the likelihood of your premiums being raised. In comparison, it is possible that a driver would need to pay more for insurance after filing a claim in a no-fault state.

Comparative Negligence Rule

If your car accident occurred in a state that follows comparative negligence laws, you may be responsible for paying some of the damages or could have your compensation reduced. Comparative negligence laws account for situations in which fault is not entirely clear — the negligence of both drivers may have partially contributed to causing the accident.

To determine how compensation is allocated under comparative negligence laws, a percentage of fault is assigned to each driver. A driver that incurred $100,000 in damages but was found to be 30% at fault for the accident would have their compensation reduced by that amount, to $70,000 total.

States with comparative negligence laws either have “pure” or “modified” comparative negligence rules. In pure comparative negligence states, such as Kentucky, there is no maximum percentage of fault that bars a person from recovering compensation — people who are 90% at fault for an accident can still receive a payment (but would have their amount reduced by 90%). In modified comparative negligence states, such as West Virginia, the person who is primarily (over 50%) at fault for an accident cannot receive any compensation.

How Long Do I Have to File a Claim in West Virginia?

West Virginia has a two-year time limit on when you can a file car accident claim. This means that you have two years from the date of your accident to file or you may lose your right to compensation. This is referred to as the statute of limitations.

What to Do after a Car Accident

The aftermath of a car wreck is often a confusing and frightening time. You may be injured, upset and unsure of what to do next. By staying calm and taking a few simple steps, you can protect your rights and the strength of possible legal action in the future.

Following an accident, try to:

  • Ensure the well-being of everyone involved.
  • Avoid moving your vehicle so the police can perform an investigation. However, do move the vehicle if its position is putting other people in danger.
  • Call 911.
  • Take photos of the accident scene from several angles, capturing the position of the vehicles involved and related damage.
  • Take detailed notes of the facts as you recall them.
  • Exchange information with other drivers in the accident. Obtain the contact information of any witnesses.
  • Cooperate with the police when they arrive at the scene.
  • Avoid discussing issues of fault or responsibility at the scene.
  • If you have any doubt about whether you’ve been injured, err on side of caution and seek medical attention. You may be in shock and not realize the extent of your injuries.
  • Report the accident to your insurance.
  • Call Troy Law Firm as quickly as possible. It won’t be long before the other insurance company calls you; you don’t want to be taken advantage of. The sooner Mark Troy is alerted to your situation, the sooner he can protect your rights and begin to build your case.

Do I Need a Car Accident Lawyer?

While many minor collisions that don’t involve injuries or property damage can be effectively resolved without the involvement of a lawyer, wrecks that involve serious injuries can be very complicated and require the skill of a seasoned car accident lawyer.

Charleston car accident attorney Mark Troy can navigate the complexities of both West Virginia law and Kentucky law and handle every stage of your legal action.

He can help you by:

  • Performing detailed insurance analysis and maximizing insurance benefits
  • Representing your best interests against all potentially negligent parties
  • Investigating your accident and analyzing evidence
  • Negotiating on your behalf with insurance companies
  • Handling subrogation interest and liens
  • Aggressively litigating in court to fight for maximum compensation, if necessary

With over 25 years of experience, Mark Troy knows how to effectively pursue maximum compensation for accident victims. While he has developed a powerful array of legal strategies and tactics to obtain successful outcomes, he never takes a one-size-fits-all approach to legal representation. He knows that just like you, your case is unique. He can customize a plan that is best for your specific situation.

You Owe Us Nothing Unless We Win

When facing the physical and financial ramifications of a car wreck, you don’t have money to spare. No matter who you are or how much money you have, you can afford to work with Troy Law Firm. If Mr. Troy doesn’t win your case, you owe us nothing. Not only that, it costs you absolutely nothing to call right now to discuss the merits of your claim.

If you’ve been injured in an accident, call (304) 315-2299 for a free, no-obligation consultation with our experienced car accident attorney in Charleston.


The Opinions that Matter Most
  • Striving for fair and just outcomes for any individual needing help.

    - Gary
  • Mark kept me informed regarding my cases from beginning to end and was responsive to my questions and needs.

    - Linda
  • He was able to aggressively demonstrate liability against the other party.

    - Anonymous

Why Hire Troy law Firm?

Your Recovery Depends On It
  • Aggressive, Caring Representation

    You will work directly with an attorney who is passionate about helping victims of injury to recover.

  • Customized Legal Approach for Each Client

    Attorney Mark Troy is a fierce litigator who combines legal skill with respect and understanding of each client.

  • Over 25 Years of Experience

    The firm boasts over 25 years of legal experience & access to outstanding experts across various fields.

  • Former Defense Attorney Experience

    As a former insurance defense attorney, Mark Troy possesses valuable insight into their tactics.

  • Small Firm With Big Attention

    The firm's size and overhead provides Attorney Mark Troy with the flexibility to take on cases that others don't.

  • An Attorney Directly Handles Your Case

    You will not be treated like a case file that is passed from staff to staff. An attorney will handle your case directly.

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