Truck Accident Lawyer in West Virginia
Americans rely on 18-wheelers and large trucks to deliver a majority of our goods. Truckers help transport hundreds of billions of dollars of goods every year, making their services invaluable. This is why it’s so devastating when something goes wrong. While accidents between two cars can cause a life-altering level of damage, accidents involving one or more trucks almost always cause catastrophic damage to both body and property. Unfortunately, semi-truck accidents often cause fatalities.
The team at Skinner Accident & Injury Lawyers is your trusted law firm. Our personal injury lawyers are prepared to fight tooth and nail to hold the trucking companies accountable. When you partner with our truck accident lawyers in West Virginia, you can be confident that your case will be taken seriously and that you will have an advocate on your side. Our attorneys help you receive the most favorable outcome in your case.
What Causes Semi-Truck Accidents?
Tractor-trailers are complicated vehicles to operate. They have long stopping distances and a wide turn radius. This means that even the most adept truck driver could be involved in an accident given a sudden, unpredictable change in traffic patterns. But if an adept driver can end up in an accident given the wrong circumstances, an inept driver can get in an accident even in ideal circumstances. Below is a closer look at some of the most common causes of 18-wheeler accidents.
Driver Distractions
Distracted drivers are hazardous to others, especially when they are as large and heavy as an 18-wheeler. Any action that pulls a driver’s focus off the road can be a distraction. This may include using a phone or GPS, adjusting the settings inside a truck, and eating, to name a few. Distractions reduce a driver’s reaction time and ability to avoid potential hazards, which can increase the likelihood of an accident.
Drowsy Driving and Driver Fatigue
Truck drivers are expected to follow federal hours of service (HOS) regulations to ensure they are alert and safe while driving. These regulations dictate how many driving and rest hours a truck driver must take to remain alert. Without sufficient rest, long distances and hours can lead to driver fatigue. Unrealistic expectations and pressure from trucking companies to adhere to strict deadlines can exacerbate this problem and contribute to fatigue.
Lack of Training
Trucking companies are responsible for training their drivers and preparing them for how to handle a large truck, respond to hazards, follow federal regulations, and ensure safety. When they are negligent in their hiring practices and do not conduct thorough training, truck drivers can put motorists at risk and become a liability for a trucking company.
Blind spots
Given their size, trucks have larger blind spots than most vehicles. These blind spots are located on all four sides of a big rig. This means that even careful truckers may not be able to see cars next to them when driving, turning, or changing lanes. This increases the risk of an accident if cars are too close behind a truck, linger at the side, or move in front of a truck too soon.
Large Truck Accidents Cause Serious Injuries During a Collision
Truck accident victims can easily sustain catastrophic injuries in an accident that can affect them for the rest of their lives. The reason for this is due to the size and weight of trucks, which increase the force of impact and damage to smaller vehicles. Motorists generally suffer far more harm because they have less of a physical barrier than trucks do.
While victims may suffer serious initial injuries, not all injuries may show up right away. This is one of the reasons why getting medical care after an accident is crucial. Serious conditions can be lurking under the surface that may be delayed due to adrenaline, or are not evident to the naked eye. These types of injuries are often time-sensitive. The sooner you can get treatment, the better your overall prognosis may be. Below is a closer look at some common injuries that occur in tractor-trailer accidents.
Traumatic Brain Injuries (TBI)
A traumatic brain injury is a common injury in a semi-truck accident. During impact, motorists may hit their head against the interior of the vehicle. The sudden momentum and stopping in an accident can also apply too much force on the brain. This type of injury can cause swelling, bleeding, and tearing in the brain, impacting many functions throughout the body. Brain injuries may be minor or severe and can cause complications during recovery.
Spinal Cord Injuries (SCI)
The impact of a large truck and a smaller vehicle applies a considerable amount of force on the spine. This can lead to compression or damage of vertebrae, discs, or nerves. A spinal cord injury can cause pain and discomfort, disrupt various functions in the body, or even result in a loss of mobility. Since the spine is essential for passing messages between the brain and body, swift medical attention is essential for minimizing damage.
Internal Organ Injuries
Motorists can suffer internal injuries from rapidly accelerating and decelerating at the moment of impact. This can cause organs to hit against hard surfaces within the body. Tissues can also tear or rupture, causing internal bleeding. Additionally, internal injuries can occur if a victim is impaled by an object or suffers blunt force.
West Virginia Is Home to Several Dangerous Interstates
West Virginia regularly sees a significant amount of semi-truck traffic, as well as accidents. This is often because there are several interstate highways throughout West Virginia that are used in transporting freight. Paired with heavy traffic and a mountainous landscape, this can be a dangerous combination for many motorists and truck drivers.
Particularly dangerous highways throughout the state include I-64, I-77, I-79, I-81, and US-33, to name a few. All drivers should be extra cautious in these areas, especially when they see a big rig on the road.
Fatal Accidents Caused by Semi-Trucks
Wrongful death claims (West Virginia Code §55-7-5) are made when a person is killed as a result of preventable circumstances. When a semi-truck accident results in a fatality, surviving family members can make wrongful death claims on behalf of the victim. Age, income, medical bills, and lost benefits are considered in these types of cases and can influence the amount that can be recovered through a settlement or verdict. Funeral expenses are often included in the wrongful death settlement.
Wrongful death claim payments and compensation are usually paid for by the at-fault party’s insurance company. If the insurance company won’t cover the full amount, the remainder is left to the individual to pay to the victim. In these situations, wrongful death lawyers can help you determine how to proceed and compassionately advocate for you while you are grieving the loss of your loved one.
Establishing Liability in West Virginia Truck Accident Cases
The complexity of commercial trucking accidents often lies in the number of parties that can contribute to a crash. This makes it much harder to determine who is at fault, and therefore, who can be held liable for damages in an accident. For this reason, clients often enlist the help of an experienced West Virginia truck accident attorney who knows how to navigate these complexities and thoroughly investigate the accident to determine the source of the accident.
To hold an at-fault party responsible, our team will build a case that demonstrates the duty of care you were supposed to be shown and the specific negligent acts they committed that were in opposition to their obligations. We then connect their actions to the harm they caused you so that you can recover damages from them for what you have lost.
Who Can Be Held Liable for a Trucking Accident?
In truck accident cases, we often find it more productive to hold trucking companies accountable, since they are the ones responsible for letting an irresponsible driver on the road or letting a dysfunctional truck out of the lot. While the truck driver may have been able to avoid the accident, they rarely have the insurance liability to cover the extent of the damage. Our years of experience have shown us the value of knowing who is responsible and ensuring they fully compensate our clients.
In addition to truckers and trucking companies being at fault for an accident:
- Mechanics can be at fault for negligent maintenance and inspections
- Cargo loaders can be liable for improperly balanced or secured cargo
- Automakers can be held accountable for defective big rigs or parts for tractor-trailers
Negligence from any one of these parties can have a unique impact on the cause of an accident. With a lawyer’s help, evidence can provide valuable insight into which party contributed to your injuries.
What to Expect If You Share Fault for a Truck Accident
While there are many parties within the trucking industry that could be at fault for an accident, sometimes motorists can actually contribute to the cause of an accident. For example, this may happen if drivers cut too close in front of a truck when changing lanes, if drivers stay within a truck’s blind spots, or if a driver speeds through an intersection.
To accommodate these kinds of accident situations, West Virginia uses comparative negligence to determine who is at fault and how much the eligible parties may recover.
How Comparative Negligence Works
According to West Virginia Code §55-7-13a, drivers who share fault will have their compensation reduced by their contribution. This means that if a driver is 20% at fault for an accident, their maximum damages will be reduced by that amount.
However, West Virginia caps proportionate damages at 50%. Individuals who are 49% or below can recover compensation, while those 50% or above may not.
Never admit fault at the scene of a crash or to your insurance provider. Talk to our semi-truck accident lawyers in West Virginia to understand how much you may be able to recover.
Seeking Damages After a Truck Accident in West Virginia
More often than not, tractor-trailer accidents result in staggering expenses due to the extensive damage they cause. Many families are not prepared to handle thousands of dollars in losses or the suffering that follows in the wake of an accident.
Compensation after an accident is designed to ease this burden and provide for your financial losses as well as your intangible ones, so you can begin to move forward from the trauma of the accident. Some losses that may be covered by compensation include:
- Emergency medical treatment
- Ongoing and future medical expenses
- Physical rehabilitation, surgery, and medical equipment
- Accommodations for disabilities and permanent injuries
- Lost wages or earning capacity
- Vehicle repair or replacement costs
- End-of-life, funeral, and burial expenses
- Pain and suffering
- Emotional distress
- Lost quality of life
- PTSD symptoms, depression, and anxiety
- Loss of consortium
How Much Is My Semi-Truck Accident Case Worth?
Compensation can provide relief in multiple areas of your life after an accident and help reduce your stress. While compensation can cover the losses listed above, it may not apply to every client’s situation.
Our truck accident attorneys in West Virginia assess the unique losses you have suffered and determine how much they are worth. This means that any compensation you receive will reflect your unique needs. Your lawyer will optimize your case and negotiate to recover as much as possible.
You Have a Limited Time to File a Truck Accident Lawsuit in West Virginia
When you have suffered catastrophic injuries in a truck accident, recovering compensation in a timely manner is essential. West Virginia limits the amount of time you have to resolve a case.
According to the statute of limitations under West Virginia Code §55-2-12, you only have two years from the time of the crash to resolve your claim.
As such, you should contact our firm as soon as possible, because truck accidents can take a lot of time to resolve due to their complexity.
Contact Our West Virginia Semi-Truck Accident Attorneys
Commercial trucking accidents have the ability to cause catastrophic losses with far-reaching ramifications. If you or a loved one has been impacted by a big rig crash, you could be entitled to compensation. Skinner Accident & Injury Lawyers is experienced, skilled, and ready to fight for your best interests in court. For a free case review with our West Virginia semi-truck accident lawyers, contact our law firm today.