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Victim brings claim against Cabell driver and government entity

It is important for car accident victims to understand how to evaluate their injuries and the harm they have suffered as a result of an accident. It's also important to know how to bring a claim for damages if necessary.

A Cabell County man and the West Virginia Department of Commerce, Division of Natural Resources, are facing a negligence lawsuit related to a car accident. The victim alleges that the man rear-ended her while she was traveling on a freeway, causing a five-car accident. The man was allegedly driving a vehicle owned by the state agency at the time of the car collision. The victim alleges that the man both failed to maintain control of the vehicle and failed to keep a proper lookout in causing the accident. The victim is seeking damages for the injuries she suffered in the car accident.

Typically, when someone has been injured by a negligent driver, the injured victim can bring a claim for damages against the negligent party. Additionally, the negligent party's insurer, provided that there is one, will usually be involved in compensating the victim for the harm suffered. In some instances, however, a party other than the negligent driver may also face liability.

Employers can be liable for the negligence of employees in certain circumstances. This can include when the employer is a government entity, however, important notice requirements often must be met when filing a legal claim against a government entity. In order to preserve and file a claim against a government entity, important deadlines must often be met. Typically, government entities enjoy immunity from certain civil actions, which is why specific legal requirements must be fulfilled by the victim.

Due to this, it is important to understand the timing and requirements necessary to file a claim against a government entity. Each car accident is different, which is why victims must understand how to evaluate damages, determine who is responsible and initiate a claim for compensation.

Source: The West Virginia Record, "State agency named in car wreck suit," Ben Hart, April 30, 2014

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