Shared Fault in a West Virginia Crash: A Real-World Example

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

Setting the Scene

Imagine a crash at a Charleston intersection. The other driver ran a yellow-turning-red light, but you were traveling a few miles over the limit. Both facts may matter to how fault is apportioned.

Applying the 50% Bar

Under W. Va. Code § 55-7-13a through 13d, a jury might assign 85% fault to the other driver and 15% to you. Because you are well under the 50% bar, you can recover — but your award is reduced by 15%. On a $60,000 verdict, you would receive $51,000.

Why the Percentages Are a Battleground

Every percentage point of fault the insurer can shift onto you reduces what it pays. That is why adjusters probe for any sign of your carelessness, and why documented evidence — not your best guess — should decide the split.