Driver negligence is responsible for the majority of truck accidents in West Virginia. In fact, the Federal Motor Carrier Safety Administration (FMCSA) found it87% of truck accidents are due to driver errorEven when driver error was not the cause of the accident, the trucking companies are still at fault. However, it usually takes an experienced West Virginia truck accident attorney to prove it.
For example, brake problems are another common cause of trucking accidents, and trucking companies are responsible for keeping truck brakes working. Truck tire problems and shifting loads are other common causes of semi-truck accidents. These are also the responsibility of the shipping company.
The experienced West Virginia truck accident attorneys at West Law Firm understand these and other complex issues related to truck accidents, and we know how to put that knowledge to work for you. If you or someone you love is injured or sufferingWrongful Deaths in Truck Accidents, our top-rated tractor trailer accident attorneys can help.
We invite you to call us todayfree Consultexists1 (877) 943-9378.BesidesNo feeunless and until you receive compensation.
How Our West Virginia Truck Accident Lawyers Can Help You
One of the biggest differences between truck accidents in West Virginia and truck accidents in West Virginiacar accidentTruck accidents often involve negligence on the part of both the driver and the trucking company. When the shipping company is to blame, this often showspunitive damages.
For example, we solved oneTruck accident caseHe lost a fortune when a logging truck rear-ended our client's car on Interstate 64. Unfortunately, a logging truck accident has caused significant damage and permanent injury to our client.
In a West Virginia accident report, the investigating state trooper determined that the truck driver was at fault for speeding and getting too close to our client's vehicle in this case. However, when our truck accident attorneys took the case and conducted an investigation, we were able to prove that the logging company was guilty of at least two additional safety violations.
We were able to demonstrate that the trucking company overloaded the logging truck with more weight than allowed by law, which interfered with braking. We also show that the trucking company has not complied with the safety regulations regarding medical examinations of drivers. This helped us recover for our client 5 times what the logging company received as the case appeared to involve simple driver negligence.
In other words, a truck accident attorney at West Law Firm can help you recover more damages than you could on your own or through a less qualified and less experienced West Virginia tractor trailer accident attorney. Equally important, we take care of everything for you and are there for you. This means you can focus on your recovery and not worry about the stress of a truck accident.
Important Issues in West Virginia Truck Accident Cases
After years,Major truck crash kills more than 4,800 and injures 100,000As mentioned above, many of these accidents are caused by negligent truckers and trucking companies that violate safety regulations.
For example, truckers are sometimes unable to replace tires or puncture tires as required by law in order to make more money. Or sometimes trucking companies require drivers to carry too much weight, making it difficult for truckers to stop before hitting the vehicle in front of them.
Obtaining full and fair compensation after being injured by a trailer, semi-trailer, or other commercial truck or bus in West Virginia often requires the assistance of a truck accident attorney experienced in handling complex techniques. and the exclusive laws of trucking. Industry with expertise in problem areas. Most attorneys do not have the experience, skills, and ability to effectively understand and resolve the unique issues found in trucking accident claims. Below are some of the issues involved in many truck accident cases that you will want to ask any attorney you are considering hiring for your truck accident case.
1. Evidence of lorry accident
Trucking companies in and out of West Virginia often have a greater advantage than truck accident victims. If someone is seriously injured in a truck accident, you may not be able to hire a lawyer until the scene of the accident has been cleaned up and evidence destroyed. On the other hand, most trucking companies have attorneys and private investigators who examine accident scenes and speak with witnesses and the police immediately after a trucking accident. An effective West Virginia truck accident attorney can minimize this advantage at trial and try to obtain evidence before it is lost or destroyed, which is why it is so important to hire the best truck accident attorney for your case. , one more reason.
Event Date Recorders (EDR) Also known as black box devices in your vehicle, your truck vehicle can also contain important information and evidence about the nature and cause of an accident. For example, EDR typically records how fast a truck driver was driving at the time of the accident.
2. Who is responsible for your injury?
As with all West Virginia car accidents, a negligent driver may be liable for any injuries and damages they cause. However, there are many other parties that may also be liable in a trucking accident, including the driver's employer, the company the trucker sent the goods to, and the company and trailer that placed the truck's license plate on the truck's tractor. In addition, the designer, manufacturer, seller, and/or distributor of any defective component that may have caused the vehicle to crash, as well as any entity responsible for maintaining and repairing the truck, may also be liable under the product liability theory.
as a truck driver andInadequate transport insuranceA trucker is underinsured when he does not have enough insurance coverage to fairly compensate those he injures. An effective truck accident attorney must be able to evaluate each potential source of recovery and understand the various recovery theories available under West Virginia law.
3. The transport company's resources
Another advantage trucking companies have over West Virginia trucking accident victims is their nearly unlimited resources. Truck accident victims often do not have sufficient resources to pay for their medical care and almost always to pay for complex rail accident claims. On the other hand, trucking companies are often multi-million dollar businesses that employ the best truck accident defense attorneys and investigators.
To compensate for this disadvantage, the truck accident lawyers at Advokatfirmaet Vest operate on a contingency basis. This means that there are no legal fees unless we collect money for you. We also prepay and assume court costs and expenses until the recovery is made. Litigation in a truck accident case can be expensive, especially if you have been seriously injured.
Therefore, another important question to ask any truck accident attorney you are considering is whether they expect you to reimburse them for legal costs if they lose their case. Under West Virginia law, if you lose a case, a West Virginia attorney must inform the client that they are responsible for the costs of the lawsuit. If you are represented by Advokatfirmaet Vest, it is unlikely that you will lose your case, but in the unlikely event that you do, Advokatfirmaet Vest will cover all costs and expenses associated with your case. You owe nothing.
4. Forgery of truck driver records
A common cause of tractor-trailer accidents is truck driver fatigue, which is often the result of truck drivers spending too much time on the road. For this reason, the Federal Motor Carrier Safety Regulations limit the amount of time a truck driver can drive without sleep or rest. The rules also require truck drivers to log their driving time. However, greed, profit and fear of losing their jobs can lead drivers and/or trucking companies to falsify records to keep trucks on the road longer than legally allowed.
An experienced tractor-trailer accident attorney can spot inconsistencies in the records provided by the truck driver and the trucking company during litigation. An effective semi truck accident attorney can also obtain testimony to prove that the truck driver or trucking company falsified the records. Proving that the truck driver or trucking company falsified their records can significantly increase the value of your West Virginia truck accident claim and may justify punitive damages.
5. Shipping Policy
Trucking companies often have written policies that truck drivers must follow. These policies cover most aspects of a truck driver's job, including pre- and post-trip inspections of the tractor-trailer, substance abuse issues, and what to do when a tractor-trailer needs repairs. A knowledgeable West Virginia semi truck accident attorney will obtain and review these policies to determine if the truck driver and trucking company are in compliance. Contacting a West Virginia semi truck accident attorney immediately after a serious truck accident can help prevent the destruction of documents that can help your case.
6. Trucking Occupational injuries
If you were involved in a trucking accident in West Virginia while on the job due to a violation of safety codes or industry standards for hazardous working conditions, you may also haveWest Virginia Workers' Compensation Claimsagainst your employer. For example, we helped a client recover over $500,000 after he was seriously injured when the brakes on his work truck failed. The brake failure was due to your employer violating safety rules in connection with maintenance of the truck's brakes.
Types of West Virginia Truck Accident Cases
Below are some of the different types of trucking accidents, and each type of case usually involves unique issues.
- Truck accidents involving motorcycles
- Truck accidents involving pedestrians
- DUI accidents involving trucks, semi-trucks and tractors
- collision accident
- Truck accidents involving Lyft or Uber drivers
Get a free case evaluation with one of the best truck accident attorneys in West Virginia
If you or someone you love has been injured in a truck accident in West Virginia, successfully hiring an experienced semi truck accident attorney is probably the most important thing you can do to ensure your physical, financial, and full financial health. emotional
it is therefore iwestern law firmWe offer confidentiality and no pressurefree consultation.Our toll free number is1-877-943-9378 (vest),No fees unless you win. So, if you would like more information about your case and how our West Virginia truck accident attorneys can help you, call us today.