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Cabell County woman seeks damages in hit and run

Our West Virginia readers probably know that injured parties have several options when demonstrating that another driver caused those injuries. A Cabell County woman is suing a company after what she alleges was a hit and run by one of its employees, resulting in an injury. The woman is suing Trademark Exteriors, LLC, following the car accident in which she says she was injured. The employee has also been named individually as a defendant.

According to the woman, the employee was driving a truck and trailer belonging to the company when he failed to maintain control of the vehicle and, as a result, collided with her vehicle. The woman claims that after the collision, during which time she was injured, the driver, who had a duty to stop and render aid and information, left the scene of the accident. She is alleging the employee's failure to maintain control of the vehicle and remain at the scene violated West Virginia law. The woman complains of physical and emotional injuries, and is also seeking compensation for medical expenses, among other damages.

Generally, drivers sharing the roadway must exercise reasonable care in the circumstances to prevent injury to others. A failure to do so is considered negligence and the negligent driver may be required to compensate an injured party. A negligent driver's insurance company may also be required to pay damages as compensation for any injuries on behalf of the insured.

In the case of auto accidents, violations of traffic laws can be considered "negligence per se." Under this legal theory, a party injured by a motorist that was in violation of traffic laws at the time of the accident may be able to claim that the driver's failure to abide by those laws is evidence that the driver was negligent. Oftentimes, such drivers who are behaving in violation of traffics laws will be cited by police for this misconduct. This can be useful to an injured party seeking to prove negligence.

When seeking compensation for injuries caused by another motorist, it is useful to understand what the process might look like. This can help injured parties better recover compensation to care for their injuries.

Source: West Virginia Record, "Woman sues Trademark Exteriors, alleges hit-and-run accident," Kyla Asbury, Dec. 12, 2012

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