As the capital of West Virginia, Charleston is a hub for both commerce and transportation in the state. With busy highways and local roadways frequented by large commercial trucks, the risk of truck accidents is a concern for residents and commuters. These accidents can have life-altering effects. For many crash victims, they can suffer severe injuries, extensive property damage, and emotional trauma.
You want to focus on your recovery. The last thought on your mind is dealing with insurance companies and potential legal claims. You need the assistance of an experienced Charleston, WV truck accident lawyer by your side. With their help, you can seek compensation for your medical bills, out-of-pocket expenses, and other damages related to the crash.
The trucking companies have their own legal team and insurers working to minimize your payouts. Now is the time to protect your interests. At DiPiero Simmons McGinley & Bastress, PLLC, we are here to provide legal assistance. During these trying times, reach out today to see how we can help with your potential claim. Initial case evaluations at our law firm are free.
What You Need To Know About West Virginia Truck Crash Laws
Certain laws govern how you can recover damages from a truck crash in West Virginia. The state has a fault system for truck accidents. Under that principle, the party responsible for causing the accident is liable for the damages resulting from it.
But what if you are partly responsible for the accident? Can you still receive compensation?
West Virginia has a modified comparative negligence rule. In these cases, if you are partially at fault for the accident, your compensation may be reduced by the percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, your recovery would be reduced to $80,000. Keep in mind that there is a bar to recovery. If you are found to be 50% or more at fault, you cannot recover any damages.
Along with that, you do not have unlimited time to pursue a claim or file a civil lawsuit. After a truck accident in Charleston, WV, you have two years from the date of the accident to take action. If you delay taking legal action, meaning you miss the deadline, it could mean losing the right to seek compensation.
How Tractor-Trailer Collisions Happen in Kanawha County
Many trucking crashes are the result of negligence on behalf of the driver, trucking companies, or some other third party, such as a cargo loader. There are many ways that an accident can occur, such as:
Distracted Driving
Like other drivers, truck drivers can be distracted by texting, using GPS devices, or engaging in conversations. According to the Federal Motor Carrier Safety Administration, 71% of large-truck crashes occur when the trucker is doing something other than driving.
Driving Under the Influence
Impaired judgment and reduced coordination can make it difficult for truck drivers to operate their vehicles safely. A 2018 International Journal of Environmental Research and Public Health study found that 19% of commercial truck drivers reported binge drinking, while 9.4% of truck drivers participated in daily drinking.
Fatigue
While hours of service regulations mandate how long a driver can operate their vehicle, some push those limits. Truck drivers often work long hours and may face pressure to meet tight delivery schedules and will drive while tired.
Speeding
Excessive speed can be dangerous for truck drivers, reducing their ability to react to sudden changes in traffic. Due to their larger size and weight, trucks need longer stopping distances, making speeding especially hazardous.
Improper Loading
Trucks must be loaded correctly to ensure safe transport on the roads. Improper loading can affect a truck’s stability. In turn, that can increase the risk of rollovers or cargo shifts during transit. In these cases, the shipping company or loader may share liability for accidents.
Mechanical Failures
Under federal safety regulations, regular maintenance is required for commercial trucks. A lack of maintenance often results in mechanical failures. For example, brake failures or tire blowouts are some causes of these incidents. Trucking companies are responsible for maintaining their vehicles to prevent these issues on the road.
If you have been injured and these causes were a contributor to your accident, you may be able to recover compensation for your damages. A Charleston, WV truck accident lawyer can help you understand your legal options.
Types of Compensation You May Be Eligible To Receive If a Trucking Collision Hurt You
The aftermath of a big rig wreck can leave you with plenty of medical bills, lost income, and other financial damages. Not to mention, you might be dealing with non-monetary damages, such as emotional trauma and pain and suffering stemming from the incident.
If you reach a settlement with insurers or a jury issues a verdict in your favor in your truck accident case at trial, you may be entitled to compensation for:
- Medical expenses: You may be able to recover current and future medical costs related to your injuries, such as hospital bills, rehabilitation, and medications.
- Lost wages: You can claim lost wages for the time you miss from work. Also, your compensation could include reduced earning capacity if you can no longer work at the same level due to your injuries.
- Pain and suffering: Along with that, you might get compensation for physical pain and emotional suffering resulting from the accident based on the severity of injuries and their impact on your quality of life.
- Property damage: You can claim compensation for any damage to your vehicle and other personal property that occurred in the accident. These can include repair costs or the replacement value of your vehicle if it was totaled.
- Emotional distress: If the accident has caused significant emotional trauma, anxiety, or depression, you may be able to seek compensation for the psychological impact of the accident.
- Wrongful death: If a loved one has died due to a truck accident, you may have grounds for a wrongful death claim. This compensation could reimburse you for funeral expenses, loss of companionship, and other related damages.
This is some of the compensation you may be able to recover by taking legal action. However, you may be entitled to a monetary award for other losses. Reach out to our legal team at DiPiero Simmons McGinley & Bastress, PLLC to understand the full extent of the damages you may be eligible to receive in your specific case.
Pursuing a Truck Accident Claim in West Virginia
Once you have sought medical attention and consulted with a Charleston, WV truck accident lawyer, you can start the process of collecting compensation for your damages. Here’s what you can expect when you work with a truck crash attorney in our office:
- Attending a case evaluation: The first step in any situation like this is to know if you have a valid claim. Your car crash lawyer will complete an evaluation of your case, considering the severity of injuries, medical expenses, lost wages, and pain and suffering. This evaluation will help determine the amount and type of compensation you should seek.
- Filing a claim: If you decide to pursue a case, your attorney will either help you file a claim with an insurance company.
- Negotiations and settlement: This process can be lengthy as your truck crash lawyer will present evidence to support your claim if you’re pursuing an out-of-court settlement with an insurer. Many times, it can involve multiple rounds of offers and counteroffers. Your lawyer will look out for your interests so that you are not pressured into accepting a low offer.
- Litigation: Unfortunately, not all negotiations lead to settlements. Sometimes, insurers don’t want to pay for your damages. In these cases, your attorney will file a lawsuit. During this time, you and your legal team will need to proceed through pre-trial motions, discovery, and potentially a trial where both sides present their evidence. Your lawyer will prepare your case, including witness testimonies and expert opinions, to strengthen your claim for compensation. If successful, the Court will ultimately award damages.
Our Charleston, WV Truck Accident Lawyer Is Ready to Take on Your Claim
After being involved in a truck crash, you are dealing with plenty of serious financial consequences, such as substantial medical bills, lost wages from taking time away from work, and other damages.
The insurers will make sure they use every tactic to avoid settling with you for a fair amount. For that reason, you need the help of an experienced Charleston, WV truck accident attorney. At DiPiero Simmons McGinley & Bastress, PLLC, we know that this can be an incredibly difficult time for you and your family. So, you should focus on your recovery while we handle your claim.
If you are ready to take the next steps, contact our office to schedule a free consultation with an experienced Charleston, WV truck accident lawyer on our staff. We are committed to fighting for your rights and ensuring you receive the compensation you deserve. We are standing by to help answer your questions about a potential claim.
