Legal Question in Personal Injury in West Virginia

Re: Personal Injury from Auto Accident

Yes, the other driver can sue regardless of whom the police cited. The police officer's opinion as to fault is just that-- an opinion-- it is not conclusive evidence as to fault. In fact, the police officer will not even be permitted to testify at trial as to his opinion unless he can be qualified as an expert in accident reconstruction (most are not). The officer would certainly be permitted to testify as to what he observed when he arrived at the scene of the accident and what either of the drivers told him about the accident, but he probably would not be allowed to testify as to his opinion as to the cause of the accident.

However, if the other driver pleads guilty to the traffic offense, or is found guilty at a trial, that fact can usually be admitted at trial. (Often drivers will plead "no contest" in these circumstances because that allows a conviction to be entered without an admission of guilt or a binding judicial finding as to improper driving.)

If a lawsuit is filed, your insurer will provide your daughter with a defense lawyer in accordance with you policy.