What Happened
The Buckhannon Police Department reports that two vehicles collided at about 3:20 p.m. on a Thursday afternoon where WBUC Road meets U.S. Route 33, also known as Corridor H. According to police, a Toyota RAV4 was heading west on Corridor H when a Ford Focus crossed the highway at the WBUC Road intersection, and the two vehicles struck each other.
Four people were riding in the Focus: a man, a woman, and two young children. All four were taken to Ruby Memorial Hospital in Morgantown. The woman, age 27, died from her injuries. The RAV4’s driver was treated at St. Joseph’s Hospital in Buckhannon and, according to reports, may already have been released.
No charges had been filed as of the latest reports, and police say the investigation is ongoing. We extend our deepest sympathies to this young woman’s family and to everyone injured.
Who May Be Liable
Early news reports rarely tell the whole story. Nothing in this article is a conclusion about who caused this crash. Based on what has been reported so far, investigators and attorneys may look closely at the following:
- The driver crossing the highway. Drivers who cross a major highway from a side road generally must yield to through traffic. If the Focus driver allegedly pulled out without a safe gap, that driver could be liable to the injured passengers. That includes the children and the family of the woman who died.
- The driver on Corridor H. Through traffic does not get a free pass. If evidence shows the RAV4 driver was speeding, distracted, impaired, or ignored a traffic control, that driver may share responsibility.
- Vehicle owners and employers. An owner who lent a car to an unsafe driver could face claims. So could an employer whose employee was driving for work at the time.
- Government agencies. Where a local road crosses a high-speed highway, intersection design, signage, and sight lines matter. If a roadway hazard contributed to the crash, the agency responsible for the road could potentially be involved. Claims against government bodies follow special rules.
- Manufacturers. If a seat belt, airbag, or child safety seat failed to protect someone, the company that made it may face a product liability claim.
Legal Theories That May Apply
- Negligence: This is the core claim in most crash cases. It means a driver failed to use reasonable care, and that failure caused harm.
- Negligence per se: In West Virginia, breaking a traffic safety law, such as a failure-to-yield rule, is generally treated as prima facie evidence of negligence. In plain terms, the violation itself can show carelessness unless the other side offers a good explanation.
- Wrongful death: West Virginia’s wrongful death statutes (W. Va. Code §§ 55-7-5 and 55-7-6) allow the estate of a person killed by another’s negligence to seek compensation on behalf of surviving family members.
- Survival claim: Some claims the deceased person could have brought herself, such as for pain suffered before death, may continue through her estate.
- Vicarious liability and negligent entrustment: In some situations, employers and vehicle owners may have to answer for the drivers they put on the road.
- Product liability: A defective safety component that made injuries worse could support a claim against the manufacturer.
- Uninsured/underinsured motorist (UM/UIM) claims: If an at-fault driver’s coverage is too small, a victim’s own policy may help fill the gap. West Virginia’s minimum liability limit of $25,000 per person is often far too low for a crash this serious.
Damages Victims May Recover
Injured survivors may be able to seek:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, suffering, and emotional distress
- Compensation for permanent injury or scarring
- Loss of consortium for an injured person’s spouse
When someone is killed, W. Va. Code § 55-7-6 allows damages for the family’s sorrow, mental anguish, and solace. Solace includes lost companionship, comfort, and guidance. The family may also recover the income and services the person would reasonably have provided, along with medical costs and funeral expenses.
Children’s claims deserve special care. Injuries may affect a child’s development and future medical needs for years.
Punitive damages may be available only for reckless or malicious conduct, such as impaired driving. West Virginia generally caps them at four times compensatory damages or $500,000, whichever is greater. West Virginia’s modified comparative fault rules may also reduce a recovery if a victim is found partly at fault.
Evidence That Strengthens a Case
- The official crash report and any supplemental findings
- Event data recorder (black box) downloads showing speed, braking, and seat belt use
- Traffic signal timing records, if the intersection is signalized
- Footage from nearby businesses or traffic cameras, which can be overwritten within days
- Cell phone records to check for distraction
- Statements from witnesses and other motorists
- Analysis by an accident reconstruction expert
- Crash history and design records for the intersection
- Medical records from emergency care forward
- Inspection of the vehicles, airbags, and child seats before repair or salvage
What to Do Next
- Get medical care and follow through. Some injuries, including brain trauma, may not show symptoms right away.
- Request the crash report once it becomes available.
- Preserve the vehicles. Ask that a totaled car not be scrapped until it can be inspected.
- Document everything. Keep photos, bills, records of missed work, and a daily log of your symptoms.
- Be careful with insurers. Avoid giving recorded statements or signing releases before you get legal advice. This applies to your own insurer, too.
- Stay off social media about the crash.
- Watch the clock. Most West Virginia injury and wrongful death claims must be filed within two years. Claims involving government entities may require earlier notice.
If you or a loved one has been harmed by negligence or wrongdoing in West Virginia, contact New Law Office in Beckley for a free, confidential consultation. We work on contingency – you pay nothing unless we win your case. Call (304) 355-5565 or visit https://newlawoffice.com to tell us what happened.
Frequently Asked Questions
Can I sue if I was a passenger in the car that may have caused the crash?
Yes, in many cases. Passengers are rarely at fault for a collision. Depending on what the investigation shows, a passenger may be able to bring a claim against the driver of their own vehicle, the other driver, or both. Being related to the driver does not automatically bar a claim in West Virginia, but some insurance policies contain exclusions that need careful review.
How long do I have to file a wrongful death claim in West Virginia?
Generally, a wrongful death lawsuit in West Virginia must be filed within two years of the date of death. There are limited exceptions, and claims involving government agencies may carry additional notice requirements. Because evidence fades quickly, it is wise to speak with an attorney well before that deadline approaches.
Who can file a wrongful death lawsuit in West Virginia?
In West Virginia, the lawsuit is brought by the personal representative of the deceased person’s estate, not by individual relatives on their own. Any recovery is then distributed to eligible family members. These can include a spouse, children, parents, siblings, and others who were financially dependent on the person who died.
What if police never charge the other driver?
A civil injury claim does not depend on criminal charges. Criminal cases require proof beyond a reasonable doubt, while civil cases use a lower standard: whether it is more likely than not that someone was negligent. Many drivers who are never charged are still found responsible in civil court or through insurance settlements.
Can I still recover money if I was partly to blame?
Possibly. West Virginia follows a modified comparative fault system. You can generally still recover as long as your share of fault is not greater than the combined fault of everyone else, but your award is reduced by your percentage of fault. Insurance adjusters sometimes exaggerate a victim’s role, so do not accept their fault assessment without an independent review.
Can the state be held responsible for a dangerous intersection?
It may be possible, but these claims are complicated. Claims involving state-maintained roads and local governments follow special procedures and immunity rules, and some have shorter notice periods. An attorney can review whether the intersection’s design, signage, or crash history supports a potential claim.
How are injured children’s claims handled in West Virginia?
A parent or guardian usually pursues the claim on the child’s behalf. Any settlement for a minor generally requires court approval to protect the child’s interests. The full impact of a child’s injuries may only become clear as the child grows, so careful medical documentation and a thorough evaluation of future needs are especially important.
Do I need money upfront to hire a personal injury lawyer?
Not usually. Most personal injury lawyers, including our firm, work on a contingency fee. That means you pay nothing upfront, and attorney fees come only from a recovery. Initial consultations are typically free, so it costs nothing to find out whether you may have a case.
Original reporting: wtrf.com.
