Jon Mani | September 30, 2026 | Car Accidents
Yes. Two drivers can both be partly responsible for a crash at the I-64/I-77 interchange in Charleston, West Virginia. One driver might make an unsafe lane change while another is speeding, for example. West Virginia law allows fault to be divided between drivers based on how each person contributed to the collision.
This can be especially important at a complicated interchange, where several lanes and ramps come together within a relatively short distance.
What Makes the I-64/I-77 Interchange Different From a Normal Intersection?
The I-64/I-77 interchange in downtown Charleston is a large, multi-level interchange with ramps and roadways stacked at different elevations. Drivers may encounter merging traffic, exits, lane changes, and vehicles entering from different levels within a short stretch.
That layout can create situations where more than one driver’s actions contribute to the same collision. As a result, determining fault may require looking closely at what each driver was doing immediately before impact.
Can Two Drivers Both Be Found at Fault for the Same Crash in West Virginia?
Yes. West Virginia does not require all responsibility for a car accident to be assigned to a single driver. Fault can be divided between multiple parties according to their contribution to the crash.
For example, one driver might fail to yield while another is traveling too fast for the circumstances. The percentages do not automatically become 50/50. Instead, they depend on the evidence and facts surrounding the collision.
Mani Ellis & Layne Accident & Injury Lawyers has recovered hundreds of millions for injured clients. We can determine how the crash occurred and respond when an insurer attempts to place excessive blame on an injured driver.
What Is West Virginia’s “51% Bar Rule”?
West Virginia follows a modified comparative fault system under W. Va. Code § 55-7-13c.
An injured person who is 50% or less at fault may still recover damages, but the recovery is reduced according to that person’s percentage of fault. Someone who is 51% or more at fault generally cannot recover damages from the other parties.
For example, if a driver’s damages total $100,000 but the driver is found 20% responsible, the recoverable amount would generally be reduced by 20%, leaving $80,000.
How Do Investigators Decide How Much Fault Each Driver Gets?
Fault percentages depend on the circumstances of the individual accident. Investigators, insurers, attorneys, and, ultimately, a jury, when necessary, may consider evidence such as traffic or dash-cam footage, witness statements, vehicle damage, right-of-way issues, and the movements of each vehicle before the collision.
At the I-64/I-77 interchange, investigators may also examine whether each driver was merging, exiting, changing lanes, or traveling between different parts of the interchange.
Does It Matter Which Level or Ramp You Were on When the Crash Happened?
Yes. The exact location can be important because different ramps and lanes bring vehicles together in different ways.
Identifying the specific ramp, lane, and direction of travel can help establish where each vehicle came from and what happened before impact. Those details may become especially important when the drivers give conflicting accounts.
Can You Still Recover Damages if You Were Partly at Fault?
Yes, provided your share of fault does not exceed 50%. Your compensation would generally be reduced proportionally. A driver who is 10% responsible, for instance, could generally recover 90% of their proven damages.
A driver who is 50% responsible could generally recover 50%. Once responsibility reaches 51%, however, West Virginia’s comparative fault rule bars recovery.
What Evidence Helps Prove You Weren’t the Primary Cause of the Crash?
Useful evidence may include dash-cam or available traffic-camera footage, photographs showing vehicle damage and final resting positions, witness contact information, and the police accident report.
Photos showing the exact ramp, lane, signs, and surrounding roadway can also be particularly valuable at a complicated interchange.
What Should You Do After a Crash at the I-64/I-77 Interchange?
After a crash, seek medical attention and report the accident. If it is safe to do so, document your vehicle, the surrounding roadway, and the specific lane or ramp where the collision occurred.
Because evidence such as video footage may not be preserved indefinitely, having the accident reviewed early can also help protect important evidence.
Contact Mani Ellis & Layne Accident & Injury Lawyers for a Free Consultation With a Charleston Car Accident Attorney
If you were injured in a collision at the I-64/I-77 interchange in Charleston, WV, determining fault may not be as simple as blaming one driver. Mani Ellis & Layne Accident & Injury Lawyers can investigate what happened, evaluate each party’s role, and help you understand your options under West Virginia law.
Contact our Charleston car accident lawyers for a free consultation to discuss your case.
We proudly serve clients throughout Franklin County from our Columbus, OH, office and throughout Kanawha County from our Charleston, WV, office.
Mani Ellis & Layne Accident & Injury Lawyers – Columbus, OH Office
20 E Broad St Suite 1000, Columbus, OH 43215
(614) 587-8423
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Mani Ellis & Layne Accident & Injury Lawyers – Charleston, WV Office
10 Hale St Suite 501, Charleston, WV 25301
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About the Author
Jon Mani is a founding partner and personal injury attorney at Mani Ellis & Layne Accident & Injury Lawyers. With over 20 years of experience representing injured individuals in West Virginia and Ohio, Jon focuses on complex cases involving car accidents, truck accidents, nursing home abuse, catastrophic injuries, medical malpractice, and wrongful death. He is known for his strategic, hands-on approach to litigation and has held leadership roles within the legal community, including serving as President of the West Virginia Association for Justice. Click here to see some of the firm’s most notable case results.
Locations: Charleston, WV, and Columbus, OH
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