West Virginia Complaint regarding Train and Automobile Collision

State:
Multi-State
Control #:
US-PI-0303
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint alleging defendant's failure to place warning devices along railroad crossing resulted in plaintiff's collision with defendant's train.
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  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision
  • Preview Complaint regarding Train and Automobile Collision

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FAQ

?For information or to obtain a Vehicle Crash Report, please call (304) 746-2128. For Motor Vehicle Inspection questions please call (304) 746-2125.

Under West Virginia's comparative negligence laws, an injury victim who is 50% or less at fault for an accident can recover compensation for their injuries. Their total amount of damages will then be reduced by the percentage that they were to blame for the accident.

The West Virginia statute of limitations for personal injury claims is generally two years after the date of injury. Therefore, the best way to protect your legal rights is to file a lawsuit within two years after you were injured.

Virginia laws on pure contributory negligence Initially and unfairly, liability in vehicle collisions is ultimately determined by an insurance claims adjuster who is assigned to the case. They will evaluate the vehicle damage, injury reports, and carefully review all the events and circumstances preceding the accident.

No, West Virginia is not a no-fault state for auto insurance. West Virginia is an "at-fault" or "tort" state, which means the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident.

Virginia is, in fact, an at-fault state, which means the driver whose negligence caused your accident is responsible for compensating you. Virginia does not require insurance on every registered vehicle. If the driver who caused your accident is covered, you can request compensation from their insurer.

The enormous weight and speed of the train can result in an impact that causes the car to spin around or roll over, and may even crush the vehicle completely.

In West Virginia, state law requires drivers to immediately report a car accident if it causes anyone's injury or death or $1,000 worth of property damages.

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West Virginia Complaint regarding Train and Automobile Collision