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WVDOT negligent driver causes serious injury

A negligent driver can strike anytime and anywhere. When unsuspecting motorists find themselves in a car accident as a result, they can be left with a serious injury including broken bones and neck or brain injury. Perhaps the scariest part of these incidents is that motorists cannot detect who is a negligent driver. A recently filed lawsuit shows how even those one would expect to drive carefully can in fact drive dangerously.

In that lawsuit, a couple seeks compensation for damage they suffered when a West Virginia Department of Transportation vehicle rear-ended them on an Interstate on-ramp. The victims were forced to slow when other cars moved into their lane, but the WVDOT driver behind them failed to follow suit, slamming into their vehicle. The driver of the car suffered several injuries including a cracked tooth, back pain, a herniated disk and a general loss of good health.

Individuals who are victimized by a negligent driver can struggle with a difficult physical and emotional recovery. Additionally, medical expenses related to the rehabilitation can place the victim in financial trouble, further inhibiting her recovery. Fortunately, legal action can help alleviate these burdens.

To succeed on a claim against a negligent or distracted driver or that driver's employer a victim must prove that the driver was in fact negligent, that negligence caused the accident, and the victim's injuries resulted from the accident. In the event the victim sues the driver's employer, it must also be proven that the errant driver was operating within the scope of his employment.

Once these elements are satisfied, a victim can obtain compensation. These awards can be used to cover medical expenses, pain and suffering, and lost wages. Then, the victim can receive the money she needs to obtain the best care possible. Only then can the victim reach a full recovery.

In addition to getting a victim compensation, a successful lawsuit in these situations punishes the errant driver and puts other drivers on notice that negligence will not be tolerated. Perhaps then drivers will be more attentive behind the wheel, making West Virginia roads safer.

Source: The West Virginia Record, "Couple sue WVDOT for car accident," Kyla Asbury, Feb. 28, 2013.

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