If you are injured in an accident in West Virginia, the injured non-fault party must still prove the other driver is at fault.

There has been a consistent national campaign in this country against citizens who have been injured, sometimes seriously, in accidents through no fault of their own. Part of the problem is the language which we use and what becomes are accepted views of our society. An example is the use of the word, “accident.”

How can a drunk driver or a driver who is speeding who wrecks and hurts someone be allowed to call this event an “accident”? It’s not an accident, but a wrongful injustice causing a preventable harm to an innocent person, but we let the world call it an “accident.”

We have been cleverly seduced by insurance companies to accept what they have pronounced as fact, that the American system of justice is in crisis and that most lawsuits are frivolous. I contend that to the mother whose car is crushed by a speeding, overloaded coal truck that her case is not frivolous.

What attorney would take a case and put out his own hard earned money along with hundreds of hours and years of struggle for a frivolous case? Unfortunately, I cannot persuade people who have already made up their minds, but must accept their view and attempt to educate.

Any person who is in an accident must prove liability, that is that the other person was at fault and broke the rules or standard of care. Next, you must prove your were injured. And an injured person must also prove “causation,” meaning that your injuries were caused in the accident. Now this may sound silly and hard to believe if you haven’t tangled with an insurance company.

If you are injured in a car accident the insurance company will fight you on one or all of these issues. The real kicker is the person who was harmed through no fault of their own, has the burden of proof, meaning he has to make his case and cannot stand on the facts. This coupled with the reality that most people automatically disbelieve anyone injured in an accident and we are left with a system where it is extremely difficult at best to protect the rights of the citizen wrongfully injured.

If you are injured in an accident through no fault of your own seek out an experience attorney to help you through each step of the way.