Far too often are commercial trucks, such as semis or 18-wheelers, creating dangerous conditions for other drivers in West Virginia, often near the Charleston WV area. Unfortunately, truck accidents are almost always catastrophic, resulting in serious injury or death.
Although it may seem similar to a car accident from a legal point-of-view, car accident lawsuits with commercial drivers can be very different. Whether the truck was a general shipping truck, a logging truck, a frack water truck, a mining truck, or another vehicle, you may have a case if the truck driver (or the trucking company) was negligent in driving or maintenance.
If you or a loved one was injured or killed in an accident with a commercial driver, call Charleston WV truck accident attorney Charles Love at (304) 344-5683. Free consultations are available.
Common Causes of Truck Accidents
There are four main interstates running through West Virgina (I-79, I-77, I-81, and I-68) as well as countless rural roads and highways. Although many of the larger trucks stick to the interstates, you may still find them on the rural highways and other roads. Add winter weather and curving, mountainous roads and you also have ripe conditions for accidents.
Nevertheless, it’s essential to remember that truck accidents can occur without any grounds for a lawsuit. At the same time, the driver (or other liable person) might be completely at fault. Some of the common causes of truck accidents (where negligence was involved that could lead to a lawsuit) include, but are not limited to:
- Driver distractions, such as using a smartphone, eating or drinking, or using another distraction.
- Badly maintained brakes that led to brake failure
- Tire failure
- Driver fatigue, where the driver is working more hours than allowed by regulations
- Improperly trained or incompetent driver
- Overloaded cargo
- Drunk or drugged driving
- Failure to signal
- Sudden stopping
- Aggressive driving
- Careless driving
Issues Unique To Large Trucks
Commercial truck drivers are required to have the proper license and adhere to local, state, and federal regulations. One such regulation is regular inspections and proper maintenance. Furthermore, all truckers in West Virginia must also comply with mandated rest breaks, avoid reckless or careless driving, and the truck cannot be overloaded. Furthermore, to cut costs and increase profits, some trucking companies pressure drivers to meet deadlines and, in some cases, speed.
Who is Liable in a Truck Accident in West Virginia
If you were in an accident with a commercial truck, one of the first questions that injured victims must ask is, “Who is responsible, or at fault for the accident?” The answer can be complicated, and it can depend on many circumstances leading up to the accident. For instance, some of the liable individuals can include:
- The company that hired an irresponsible truck driver, such as one who has a history of accidents and/or bad driving
- The truck manufacturer or parts maker that included defective tires or brakes, faulty straps, broken hydraulics, etc
- The negligent truck driver
Every case is different and the process is complicated and can vary widely. In some cases, neither the truck company, the truck manufacturer, or the driver might be at fault for the accident (imagine another car that swerved, causing the truck to run into your car).
How a Charleston WV Car Accident Attorney Can Help
Every commercial truck accident case is different, and it’s always essential to contact an experienced car accident attorney to determine whether you have a case. Furthermore, an attorney can (and often will) devote extensive resources to disclose the truth, such as investigating the accident scene, obtaining police reports, and speaking with witnesses. We will also thoroughly review the facts of the case and safeguard evidence.
In your car accident claim, you and your attorney may seek compensation for medical expenses, pain and suffering, lost income and property damage, lost future earnings, and so on.
Contact the Love Law Firm for Your Case Today!
If you or a loved one was in an accident with a truck of any size or weight class, make sure to call the Love Law Firm in Charleston WV. Consultations are always available, so call today at (304) 344-5683.