How an Attorney Determines Liability in an Auto Accident in West Virginia

January 13, 2025

How an Attorney Determines Liability in an Auto Accident in West Virginia

Auto accidents can cause significant physical, emotional, and financial hardships for those involved. Determining who is at fault—and therefore liable for damages—is a critical step in seeking justice and fair compensation. In West Virginia, an attorney plays a vital role in investigating the accident and establishing liability. Here’s how an experienced lawyer approaches this process.


Understanding Fault Laws in West Virginia

West Virginia follows a modified comparative fault rule. This means that an injured party can recover compensation as long as they are not found to be more than 50% at fault for the accident. However, any compensation awarded will be reduced by the percentage of fault attributed to the injured party.

For instance, if you are found to be 20% at fault for an accident and are awarded $50,000 in damages, your compensation would be reduced by 20%, leaving you with $40,000.


Steps to Determining Liability

Collecting Evidence from the Accident Scene An attorney begins by gathering as much evidence as possible from the accident scene. This may include:

  • Police reports detailing the officers’ observations and initial fault determination.
  • Photographs of the accident scene, vehicle damage, and any injuries sustained.
  • Witness statements from individuals who saw the accident occur.


Reviewing Traffic Laws and Regulations Understanding local traffic laws is crucial in assessing whether any party violated rules that led to the accident. Common violations include running red lights, speeding, or failing to yield the right of way.


Analyzing Vehicle Damage The location and extent of vehicle damage can provide valuable insight into how the accident occurred. For example, rear-end collisions typically indicate fault on the part of the driver who failed to stop in time.


Obtaining Expert Opinions Attorneys often work with accident reconstruction experts who can analyze skid marks, vehicle positions, and other physical evidence to recreate the sequence of events. This can help pinpoint how the accident happened and who was likely at fault.


Examining Surveillance or Dashcam Footage Video footage from nearby surveillance cameras, traffic cameras, or dashcams can provide crucial visual evidence of the accident.


Investigating Driver Behavior Determining liability may involve investigating the actions of the drivers involved, such as:

  • Whether one of the drivers was under the influence of drugs or alcohol.
  • Evidence of distracted driving, such as texting or using a mobile device.
  • Fatigue or reckless driving behaviors.


Exploring Vehicle Maintenance Records Poor vehicle maintenance, such as faulty brakes or worn-out tires, can contribute to an accident. If such issues played a role, liability might extend to the vehicle owner or their maintenance provider.


Determining Third-Party Liability In some cases, liability extends beyond the drivers involved. For example:

  • A vehicle manufacturer could be held liable for a defect that caused the accident.
  • A government entity may be responsible for unsafe road conditions, such as potholes or missing signage.


Why Legal Representation Matters

Determining liability in an auto accident is a complex process that requires a thorough understanding of the law, meticulous investigation, and access to expert resources. An experienced attorney can ensure that all relevant evidence is uncovered and that fault is assigned accurately, maximizing the chances of securing fair compensation.


If you’ve been involved in an auto accident in West Virginia, don’t navigate the process alone. Contact us today to schedule a consultation and learn how we can help protect your rights and fight for the compensation you deserve.

Person on phone next to a damaged black car after a traffic accident on a road.
December 4, 2025
Injured in a Charleston car accident? Learn how attorney Rusty Webb investigates your case, challenges insurance companies, and fights for maximum compensation.
Statue of Lady Justice with scales and sword on a desk with books and gavel.
December 1, 2025
Charles R. “Rusty” Webb, founder of The Webb Law Centre, PLLC, has been selected as a 2026 Martindale-Hubbell® Distinguished Attorney.
Conference room with papers on a large wooden table, brown leather chairs, and a television.
November 21, 2025
The Webb Law Centre, PLLC Charleston, West Virginia Date: November 21, 2025 Charles R. “Rusty” Webb Selected as West Virginia’s Exclusive Recommended Attorney for The Product Liability Lawyers 2026 Guide Charleston, WV – The Webb Law Centre, PLLC is proud to announce that Charles R. “Rusty” Webb has been selected as the exclusive recommended product liability attorney for the State of West Virginia by The Product Liability Lawyers ( www.productliability-lawyers.com ) for the upcoming 2026 national guide. Following an extensive nomination, research, and independent vetting process, The Product Liability Lawyers identifies and profiles the leading product liability attorneys across the United States. Each year, only one lawyer per state is chosen for this distinction. Inclusion cannot be requested or purchased and is extended strictly by invitation. The selection process evaluates attorneys on: Leadership in complex product liability and mass tort litigation Track record of significant recoveries and settlements Demonstrated expertise in nationwide product defect matters Professional reputation among peers and clients Commitment to consumer protection and safety “I am honored to be recognized as the exclusive recommended attorney for product liability in West Virginia,” said Rusty Webb , founder of The Webb Law Centre. “Our firm remains committed to holding corporations accountable, protecting consumers, and delivering results for individuals harmed by dangerous products, pharmaceuticals, and medical devices.” The Product Liability Lawyers website receives more than 62,000 unique visits per month , offering injured consumers a trusted resource for locating premier legal counsel nationwide. The 2026 publication, covering December 2025 through December 2026 , will feature a full attorney profile and firm listing for Rusty Webb as the state’s sole recommended advisor. Rusty Webb and The Webb Law Centre, PLLC handle a wide range of complex litigation matters nationally, including: Defective pharmaceuticals & medical devices Toxic and environmental exposure Dangerous consumer products Mass torts & multidistrict litigation Class actions Data breach & consumer privacy litigation For more information about the firm or to request a consultation, visit www.RustyWebb.com.
Two figures stand in glass-walled building entrance, looking out at trees and other buildings; sunlight.
November 14, 2025
Charleston, West Virginia — November 12, 2025 . The Webb Law Centre, PLLC, led by attorney Charles R. “Rusty” Webb, is pleased to announce that the firm has received a formal invitation to join the AEA International Lawyers Network (Association of European Attorneys), the largest global network of law firms in the world. AEA represents: 1,547 law offices across 158 countries A presence spanning Europe, the Americas, Asia, Africa, and Oceania 119 member firms in the United States , the largest number of any country Membership provides law firms with global reach, enhanced professional visibility, and access to an extensive international referral system. A Global Legal Network with Exceptional Reach Headquartered at the historic Mosse Palais at Leipziger Platz in Berlin, the AEA International Lawyers Network offers members: A w orldwide directory of vetted law firms The ability to collaborate on cross-border matters Access to daily referrals through AEA’s main international WhatsApp referral group Participation in 34 specialized practice-area groups, including: International Litigation International Arbitration Personal Injury & Insurance Tech Law, AI, Blockchain & Data Protection International Debt Collection Trade & Customs Real Estate & Investments Estate Planning Energy & Mining Law Criminal Law Sports Law Global Mobility Francophone, Spanish, Arabic, Lusophone, and Jewish legal groups And many more AEA’s brands — Association of European Attorneys, Asociación Europea de Abogados, and AEA International Lawyers Network — are registered with the EUIPO and have been recognized throughout Europe since 2004. Invitation to Present at the 2026 Paris Congress Upon joining, The Webb Law Centre will be eligible to attend and present at the 19th Annual AEA International Congress , to be held in Paris, France, on May 28–29, 2026. Previous congresses drew hundreds of lawyers from 70–90 different countries, including: Vienna (2023) : 318 participants Budapest (2024) : 379 participants Madrid (2025) : 319 participants About The Webb Law Centre, PLLC The Webb Law Centre is a West Virginia–based litigation firm representing clients in complex civil matters, including nationwide class actions, mass torts, consumer protection, personal injury, and data-privacy litigation. The firm has helped recover nearly a billion dollars in opioid abatement, antitrust, and consumer recovery actions, while continuing to expand its national presence.
Family of four smiles as parents give children piggyback rides in a sunny park.
November 14, 2025
Charleston, West Virginia — The Webb Law Centre, PLLC, led by attorney Charles R. “Rusty” Webb , is now representing families across the United States in cases involving Necrotizing Enterocolitis (NEC) caused by cow’s-milk-based infant formulas, including products manufactured by Similac and Enfamil . We now represent clients from: Alabama • California • Illinois • Maryland • Mississippi • Nevada • Texas NEC is a devastating gastrointestinal condition that especially affects premature infants. Scientific research has shown that feeding premature babies cow’s-milk-based formulas significantly increases the risk of NEC, often leading to severe injury, permanent disability, or loss of life. Families were never adequately warned about these dangers. At The Webb Law Centre, PLLC, we are committed to holding manufacturers accountable and securing justice for the children and families harmed by formula companies’ failure to warn of these risks. A National Leader in Complex Litigation Attorney Rusty Webb has earned a national reputation for leading major public-health and consumer-protection litigation, including serving as counsel in opioid-abatement actions that have resulted in nearly $1 billion in relief for West Virginia communities. Our firm continues to apply that same tenacity, resources, and litigation strength to the NEC baby formula cases. If your child developed NEC after consuming cow’s-milk-based formula, we can help. Contact  Webb Law Centre PLLC  today for a free case evaluation.
Modern building exterior with glass windows, gray pillars, and a sunny sky.
November 14, 2025
Opioid settlement on Inside West Virginia Politics
Stethoscope, pills, and syringe on a shiny black surface, suggesting medical care and treatment.
October 16, 2025
Ozempic & Mounjaro Injury Lawsuits: What Charleston, WV Patients Need to Know
Person with pills and bottle on table; potential overdose, pills scattered, hand reaching.
September 18, 2025
Prescription Drug Injury Claims in West Virginia: What Victims Need to Know
Modern office building with glass facade, rounded corner, and outdoor patio.
September 18, 2025
Charleston, WV – Rusty Webb, founding attorney of The Webb Law Centre, PLLC, announced his attendance at the 2025 Appalachian Addiction and Prescription Drug Abuse Conference , being held September 18–20, 2025 , at the Embassy Suites by Hilton in Charleston, West Virginia. The annual conference brings together leading experts in medicine, law, public health, and policy to address the ongoing challenges of opioid addiction, prescription drug misuse, and emerging treatment strategies throughout Appalachia. Sessions highlight new approaches to prevention, treatment, and litigation strategies designed to curb the epidemic’s devastating effects on families and communities. “As an attorney representing hundreds of West Virginians impacted by the opioid crisis, it’s vital to remain engaged with the latest research and treatment innovations,” said Webb. “This conference is a critical opportunity to collaborate with medical and public health leaders so that legal advocacy can be informed by the realities of frontline care and community impact.” Webb has been a Special Assistant Attorney General for the State of West Virginia in opioid litigation and has helped secure over $1 billion in opioid abatement funds to support recovery and prevention efforts statewide. His participation in the conference underscores his continued commitment to fighting addiction through both the courts and community initiatives. For more information about the Appalachian Addiction and Prescription Drug Abuse Conference, visit www.wvmphp.org . 
Two people in suits at a desk, possibly a lawyer's office, with a laptop, coffee, and gavel.
September 17, 2025
Charleston, WV – September 17, 2025 — The Webb Law Centre, PLLC, led by Charles R. “Rusty” Webb, has been recognized as one of only seven law firms nationwide identified by Google as handling Kratom-related cases. This distinction highlights the firm’s leadership in an emerging area of litigation that parallels early opioid lawsuits. The Webb Law Centre has launched a national initiative focused exclusively on representing victims and families who have suffered serious injury or death linked to Kratom products. All Kratom death and injury cases are handled on a no-risk contingency-fee basis — clients pay nothing unless there is a recovery. “Our mission is to give a voice to victims and their loved ones who have been harmed by Kratom,” said Charles R. “Rusty” Webb. “We are committed to pursuing accountability and justice in these cases.” For more information or to schedule a consultation, contact: The Webb Law Centre, PLLC 716 Lee Street East Charleston, WV 25301 Phone: (304) 344-9322 Fax: (304) 344-1157 Email: rusty@rustywebb.com