The U.S. Department of Transportation reports that commercial trucking contributed $389.3 billion to the US GDP in 2023, making it a key contributor to our economy. Unfortunately, with so many trucks on our roads, accidents are inevitable, and getting in an accident with a large truck or commercial vehicle can be devastating, often resulting in severe injuries, significant property damage, and long-lasting emotional trauma.
If you or a loved one has been in an accident with a truck in West Virginia, it’s crucial to understand your legal rights and options. The claims process can be challenging, but having an experienced Morgantown truck accident lawyer on your side can make a significant difference in the outcome of your case.
The Complexity of Truck Accident Cases
The Federal Motor Carrier Safety Administration (FMCSA) reported nearly 160,000 truck crashes in the United States in 2023, including almost 75,000 injuries and 5,000 deaths.
Truck accident cases differ from typical car accidents, given their complexity. Car accidents often involve only the drivers of the vehicles involved, while truck accidents can involve multiple parties besides just the truck driver, including the trucking company, cargo loaders, and even truck and truck parts manufacturers.
Determining liability can be an extremely challenging task and requires a thorough investigation of the accident. Not to mention that the massive size and weight of these trucks make collisions with smaller vehicles more likely to cause catastrophic damage. In fact, per the U.S. Department of Transportation’s Traffic Safety Facts, 70% of vehicle occupants killed in two-vehicle crashes involving a large truck and a passenger vehicle in 2022 were occupants of the other vehicle.
Truck drivers and trucking companies are bound by strict Federal Motor Carrier Safety Administration (FMCSA) regulations as well as state regulations that govern everything from hours of service regulations to vehicle maintenance. When a truck accident occurs, it’s not always immediately clear who is responsible.
- Was the driver fatigued due to exceeding their hours of service?
- Did the trucking company fail to maintain the vehicle properly?
These questions must be answered through careful legal analysis.
A qualified truck accident lawyer understands the unique aspects of these cases and how to navigate the various regulations and multiple parties involved. By working with an attorney who’s experienced in truck accident law, you can help make sure that your case is not only being handled correctly but that all potential sources of liability have been explored.
Common Causes of Truck Accidents
Understanding the common causes of truck accidents can help build a strong compensation case.
Many truck accidents result from negligence on the part of the driver, the trucking company, or other related parties. Some of the most common causes include:
Driver Fatigue
Truck drivers are often on the road for long hours, and despite regulations designed to prevent fatigue, some drivers may push their limits. Fatigued driving impairs reaction time and decision-making, leading to accidents that could have been avoided.
Distracted Driving
Distracted driving is a growing problem for all drivers, including those operating commercial trucks. Whether texting, eating, or adjusting the radio, any activity that takes a driver’s attention away from the road can result in a serious accident.
Speeding and Reckless Driving
Due to tight delivery schedules, some truck drivers may speed or drive recklessly to meet deadlines. The size and weight of commercial trucks make it more difficult to stop or maneuver in emergencies, increasing the risk of a crash. A recent study published on the National Library of Medicine website also found that 19% of commercial truck drivers reported binge drinking (5 or more drinks in a short period), while 9.4% of the truck drivers participated in everyday drinking.
Improper Loading
Trucks must be loaded according to specific guidelines to ensure they are balanced and safe for travel. Improper loading can cause a truck to become unstable, increasing the likelihood of a rollover or other type of accident.
Poor Maintenance
Trucking companies are required to maintain their vehicles to ensure they are safe to operate. However, some companies may cut corners to save time and money. Failure to perform regular maintenance can lead to mechanical failures that cause accidents.
Truck Accident Injuries
Truck accidents often result in severe injuries due to the size disparity between commercial trucks and passenger vehicles. Common injuries sustained in truck accidents include:
- Traumatic brain injuries: A blow to the head during a collision can cause brain injuries that may result in long-term cognitive or physical impairments.
- Spinal cord injuries: Damage to the spine can lead to partial or complete paralysis. Spinal injuries can significantly affect a victim’s quality of life.
- Broken bones: The force of a truck collision can cause fractures that may require surgery and long-term rehabilitation.
- Internal injuries: The impact of a truck accident can cause damage to internal organs, leading to life-threatening conditions.
These injuries often require extensive medical treatment, including surgeries, rehabilitation, and long-term care. The financial burden of these medical costs can be overwhelming, particularly if the victim is unable to work due to their injuries.
This is why seeking compensation for medical expenses, lost wages, and other damages is essential.
What a Morgantown Truck Accident Lawyer Does
Given the complexities of truck accident cases, having a knowledgeable and experienced attorney on your side is essential. A Morgantown truck accident lawyer will investigate the circumstances of the accident, gather evidence, and identify all potentially liable parties.
Unlike car accidents, where fault may be relatively straightforward, truck accidents involve multiple parties. Liability may fall on the truck driver, the trucking company, the truck manufacturer or its parts, or even a third party responsible for loading the cargo.
This process may involve reviewing the truck’s event data recorder or “black box” data, obtaining maintenance records, and consulting with accident reconstruction experts.
They’ll also handle negotiations with insurance companies. In many truck accident cases, insurance companies representing the trucking company or driver will try to minimize liability by offering quick, low settlement amounts.
An experienced truck accident lawyer knows how to deal with insurance companies and will negotiate effectively to ensure you receive the compensation you deserve.
Compensation in Truck Accident Cases
Victims of truck accidents may be entitled to several types of compensation for economic and non-economic losses, depending on the specifics of the case. These may include:
- Medical expenses: Compensation for past and future medical bills, including surgeries, hospital stays, rehabilitation, and ongoing treatment.
- Lost wages: If the victim cannot work due to their injuries, they may be compensated for lost income. This can also include compensation for diminished earning capacity if the injuries are permanent.
- Pain and suffering: Truck accident victims often experience physical and emotional pain due to their injuries. Compensation for pain and suffering accounts for the non-economic damages caused by the accident.
- Property damage: Compensation for repairing or replacing the victim’s vehicle and any other property damaged in the accident.
Why You Need DiPiero Simmons McGinley & Bastress, PLLC, to Assist with Your Claim
Truck accident cases are often complex, involving multiple parties and extensive investigations.
Without the help of an attorney experienced in truck accident law who understands how to navigate these complexities and fight for your rights, you might not get the full compensation you need and deserve.
A qualified lawyer will advocate for you, handle all dealings with insurance companies, and make sure that your case is expertly presented in court, if necessary. By hiring a skilled Morgantown truck accident lawyer, you can focus on your recovery while your attorney handles the legal aspects of your case.
Truck accidents can have life-altering consequences, from severe injuries to financial hardships. If you’ve been involved in a truck accident in West Virginia, you must seek legal help to make sure that you get the compensation you and your family deserve.
At DiPiero Simmons McGinley & Bastress, PLLC, our experienced truck crash lawyers will guide you through the legal process, investigate the accident, and fight for your rights.
Contact us today for experienced legal representation so that you and your family can focus on healing and rebuilding your life after a truck accident.
