What to Do After a Car Accident in West Virginia: A Step-by-Step Legal Guide
Car Accident Lawyer in Huntington, WV | McClure & Goad PLLC
A car crash can change everything in an instant. One moment you're driving through Huntington or heading home through Cabell County — the next, you're in shock, possibly injured, and facing questions about your health, your vehicle, and your rights. Whether the accident was a minor fender bender or a serious collision, the decisions you make in the hours and days that follow can have a lasting impact on your financial and physical recovery.
At McClure & Goad, we’ve helped countless West Virginians navigate the chaos that follows a wreck. This guide is here to walk you through what to do after a car accident — and why working with an experienced car accident lawyer in Huntington WV can make all the difference.
Step 1: Protect Yourself and Others at the Scene
Immediately after the crash, your first priority should always be safety.
- Move to a safe location. If you’re able, pull over to the shoulder or a nearby parking area. Turn on hazard lights to alert other drivers.
- Call 911. Even for what seems like a minor accident, report it. Police documentation is essential, and you or others may need medical attention.
- Check for injuries. Ask if everyone involved is okay. If someone is hurt, do not attempt to move them unless there’s immediate danger.
- Stay calm and avoid admitting fault. What you say — even casually — can later be used against you. Stick to the facts.
Step 2: Gather Information and Evidence
It’s important to document the accident thoroughly — details fade quickly, but photos and records preserve key facts.
- Take photos: Vehicle damage, license plates, injuries, street signs, and road conditions.
- Exchange information: Get names, phone numbers, license numbers, insurance info, and vehicle details.
- Talk to witnesses: If anyone saw the crash, get their name and contact information.
- Note environmental details: Weather, traffic signals, lighting conditions, and time of day can all matter.
Step 3: Seek Medical Attention — Even If You Feel Okay
Many crash injuries don’t show up right away. Adrenaline can mask pain for hours or even days. Conditions like whiplash, concussions, and internal injuries are common in auto accidents.
- Go to the ER or your doctor as soon as possible.
- Keep a record of all treatments, prescriptions, and follow-up care.
- If you delay care, insurers may use that against you, arguing you weren’t seriously injured.
Step 4: Notify Your Insurance Company — Carefully
You’ll likely need to notify your insurer quickly, but be cautious:
- Do not give a recorded statement to the other driver’s insurance company.
- Avoid guessing or speculating — stick to what you know.
- Don’t accept a quick settlement without speaking to a lawyer. Early offers are often far lower than what your claim is truly worth.
Understanding West Virginia’s Car Accident Laws
Every state has unique accident laws. Here's what you need to know about West Virginia:
- Fault-Based System: WV is a “fault” state, which means the at-fault driver is responsible for paying damages.
- Comparative Negligence: If you’re partially at fault, your compensation may be reduced. For example, if you’re found 20% at fault, you can still recover 80% of your damages.
- Statute of Limitations: You have two years from the date of the accident to file a personal injury claim. Don’t wait — valuable evidence can disappear over time.
Common Injuries and Long-Term Effects
Car accidents can lead to a wide range of injuries — some minor, others life-altering:
- Whiplash and soft tissue damage
- Head injuries and traumatic brain injuries (TBIs)
- Broken bones and joint injuries
- Spinal cord trauma and herniated discs
- Internal bleeding or organ damage
- Emotional trauma and PTSD
In some cases, victims require surgery, physical therapy, or long-term care. That’s why it’s critical to factor future expenses into any claim settlement.
Mistakes That Can Hurt Your Claim
Even with a strong case, these common mistakes can undermine your ability to recover:
- Posting on social media. Insurers will look for posts that downplay your injuries.
- Missing medical appointments. Gaps in treatment may suggest you’re not seriously hurt.
- Not contacting a car accident attorney. A delay can result in lost evidence or missed deadlines.
What Compensation Can You Recover?
When you’ve been injured because of someone else’s negligence, you may be entitled to compensation for:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
Each case is different — and without legal advice, you may never know what you’re truly owed.
Why You Should Call an Attorney as Soon as Possible
You’re not required to have an attorney to file a car accident claim — but you should. Here’s why working with a Huntington WV car accident attorney gives you a major advantage:
- We handle the paperwork, deadlines, and negotiations.
- We investigate the crash fully, including securing witness statements, accident reports, and expert analysis.
- We protect your rights when insurers try to shift blame or minimize payouts.
- We only get paid if we win. McClure & Goad works on a contingency fee basis — no fees unless we recover for you.
The McClure & Goad Process: What to Expect
From the moment you reach out, we work to make things easier — not more stressful.
- Free Consultation: We listen to your story and explain your legal options.
- Investigation: We collect records, photos, reports, and build a case.
- Negotiation or Litigation: We push for a full and fair settlement — and if needed, take the case to court.
You’ll always speak with a real attorney, not an assistant or call center. That’s the McClure & Goad difference.
Schedule Your Free Car Accident Consultation
If you or a loved one was hurt in a car accident in Huntington or anywhere in West Virginia, don't go it alone. Get the legal support you need — from a team that knows the local courts, the insurance companies, and the road to full recovery.
📞 Call McClure & Goad today to schedule your free consultation with a car accident lawyer in Huntington WV.
Let us help you get clarity, justice, and the compensation you deserve.