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Car & Truck Accidents

Who's at Fault in a West Virginia Rear-End Collision?

Rear-end crashes are common, but fault isn't always automatic in West Virginia. Learn how comparative fault can apply even to the trailing driver's claim.

When negligence upends your life in West Virginia, knowing how the law works puts you in control.

The Usual Presumption

The driver who rear-ends another vehicle is often presumed at fault for following too closely or failing to stop in time. Rear-end crashes frequently cause whiplash and back injuries that may not appear until later.

When the Lead Driver Shares Fault

That presumption is not absolute. A lead driver who stopped suddenly without reason, drove with broken brake lights, or cut in abruptly may share fault. Under W. Va. Code § 55-7-13a through 13d, any fault assigned to you reduces your recovery.

Document Everything

Photos of the damage, the police report, and prompt medical care all help establish how the crash actually happened and counter any attempt to shift blame onto you.

You pay nothing unless you win. Injury Claim Team connects injured West Virginians with experienced personal injury attorneys who work on contingency. Your case review is always free and confidential — call 973-566-5599.

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