West Virginia Truck Accident Lawyer

Sustaining severe damages in a car accident is bad enough. But if you were hurt by someone negligent behind the wheel of a truck, it can be even worse. Truck drivers need to abide by the rules and regulations that cars don’t have to follow.

There is hope for those who have suffered injury or lost the life of their loved ones from irresponsible truck drivers. Truck accidents can be devastating, but they do not have to ruin your life forever if you know how to protect yourself. Hiring a truck accident lawyer in West Virginia is the best thing you can do in your situation.

Our West Virginia truck accident attorney can help you process your truck accident claim. Moreover, a truck driver may avoid taking liability for your damage. But, with the help of West Virginia truck accident lawyers, you can stop them from running away.

Why Should You Hire Our Truck Accident Lawyer After Your Semi-Truck or 18-Wheeler Accident?

Suppose you sustain a serious injury after a semi-truck accident. Then it is crucial to make sure that the driver responsible for the accident pays for your medical treatment. Furthermore, you can sue them in court and get compensation for your physical and psychological damages.

Our West Virginia truck accident attorneys will give you hope when facing such situations. We know what to do to get you the best possible outcome for your case. Here are some of the benefits why you need to employ the help of a lawyer.

1. Protect yourself from insurance firms that do not want to pay you what you are owed.
2. Investigate your case to identify the cause and appoint the responsible party.
3. Demand compensation for medical expenditures, lost earnings, incapacity, pain and suffering, and other losses.
4. Consult with an expert to determine the exact worth of your injuries and case.
5. Create a personalized legal plan to optimize your cash recovery.
6. Limit the accountability if you are somewhat to blame for the accident.
7. If required by your case, conduct an effective negotiation with insurance companies or pursue litigation.

Types of Vehicles Involved in Truck Collisions in West Virginia

Trucking accidents happen to every type of truck. However, some truck types are most commonly involved in a truck collision accident in West Virginia. Here are some of the best truck type examples to be involved in a serious truck accident:

• Semi-trucks
• Tractor-trailers
• 18-wheelers
• Big rigs
• Refrigerated trucks 
• Box trucks

In addition, some service-type trucks can also be seen in truck-related accidents. Here are some types of service and commercial trucks involved in truck collision incidents:

• Garbage trucks or dump trucks
• Firetrucks 
• Flatbed trucks 
• Delivery trucks 
• Concrete mixers

Common Causes of Truck Accidents in West Virginia

Truck collision incidents in West Virginia and around the country are frequently caused by driver mistakes or neglect. So, suppose you believe that the truck operator broke the safety requirements and caused your accident. In that case, it is always preferable to engage a truck accident lawyer in West Virginia.

However, there are other reasons for such accidents. The following are some of the most typical causes of a truck accident in West Virginia:

• Exhausted drivers: An exhausted truck driver will have poor roadside judgment. Moreover, they will also have a shorter attention span than a well-rested driver.
• Incompetent drivers: Negligent driving might result in significant injury to the victims. You should contact your West Virginia truck accident lawyer as quickly as possible to protect your rights and explore your recoverable damages.
• Vehicular defect: Trucking companies should ensure that their commercial truck is in top condition before hitting the road. Unmaintained trucks are more likely to cause an accident and kill people in the process.
• Intoxicated driving: Drunk driving is strictly prohibited in many states. Truck drivers must avoid driving while intoxicated to avoid injuries and even death.
• External factors: Poor weather conditions and defective roadways can also cause severe physical injuries.
• Third-party involvement: In some cases, another motorist is involved in a truck collision. They can also be the reason why the collision took place.

Common West Virginia Truck Accident Injuries

When a truck collides with another object, the results can be catastrophic. The size and weight of a truck make them much more dangerous in an accident than a smaller passenger car. We listed some of the most commonly encountered injuries in a truck accident.

• Traumatic brain injury (TBI): A TBI can be a serious and life-altering injury. Victims can suffer from cognitive impairment, memory loss, and reduced mobility.
• Broken bones: If you are involved in a truck accident, there is a good chance that you will suffer broken bones. This can lead to various other injuries, depending on the nature of the accident.
• Spinal cord damage: The spinal cord is one of the most delicate parts of the human body. Severe injuries to the spinal cord can lead to paralysis and other life-altering damages.
• Internal bleeding: Truck accidents can cause massive internal bleeding. This type of injury is complicated to detect immediately after the accident, making it more serious.
• Crush injuries: Crush injuries are also common in truck accident cases. Victims can suffer from life-altering injuries that can be hard to treat.

In case you are seriously hurt in a truck accident. Then it is crucial to seek medical attention right away. Contact our truck accident lawyer in West Virginia to discuss your legal options. At J. Miles Morgan PLLC, we will work hard to get you the compensation you deserve for your injuries.

Damages Available to West Virginia Truck Accident Victims

Victims of a truck collision in West Virginia are often entitled to damages. This includes both economic and non-economic damages. Economic damages are losses that affect a victim’s finances. This usually includes damages such as medical bills, lost wages, and property damages.

Non-economic damages, on the other hand, are more difficult to quantify. Some examples of non-economic compensation are pain and suffering, emotional distress, and loss of consortium. It is important to note that victims in a truck accident are often entitled to both economic and non-economic damages.

Trucking companies should be held liable for the injuries and damages their drivers cause. If you have been injured in a truck accident, contact J. Miles Morgan PLLC today for a free consultation.

Types of West Virginia Truck Accidents

Various factors can cause a single trucking accident in West Virginia. In most cases, the driver’s trucking company can be held liable for any damages they caused during a truck accident. Passenger vehicles are the most common victim of these types of accidents.

Knowing the different truck accidents can help you and your truck accident lawyer build a solid case. Moreover, understanding the type of truck accident you encountered will help you prevent missing out on essential details. Read through below to understand the different types of truck accidents a victim can encounter.

1. Rear-End Collision

The most commonly encountered type of truck accident is the rear-end collision. This happens when the front of a truck crashes into the back of another vehicle. The powerful force of a truck accident impact can cause severe injuries to those in the front vehicle.

You would need to prove that a trucking company is at fault for a rear-end collision. To do this, your West Virginia truck accident attorney will need to show that the driver was negligent. A truck accident victim can do this by establishing that the driver was speeding, driving recklessly, or didn’t follow traffic laws.

2. Broadside Collision or T-Bone Accident

A broadside collision is another common type of truck accident. Broadside collisions happen when a vehicle crashes into the side of a tractor-trailer or 18-wheeler. This usually occurs when a large vehicle turns left, reduces its speed, or passes on the right unexpectedly.

A truck accident victim would need to prove that a trucking company is at fault for a broadside collision. Your truck accident attorney will need to show that the driver was negligent in one of three ways: 

• Disregarding traffic laws, 
• Overspeeding,
• A driver was driving recklessly. 

You and your truck accident lawyer can prove the negligence with eyewitness accounts and any available skid marks from the accident scene.

3. Jackknife

A jackknife accident is a type of tractor-trailer accident. This usually happens when the trailer suddenly swings out at a 90-degree angle from the truck. The trailer can hit other vehicles on the road and even overturn.

Truck drivers can also cause jackknife accidents by abruptly braking. In addition, causes such as oversteering or driving too fast for conditions can also contribute to the accident.

Proving that a trucking company is at fault for a jackknife accident can be challenging. Your West Virginia trucking accident lawyer will need to support your case that the driver was negligent. You and your trucking accident lawyer can complete this by showing that the driver violated traffic laws, drove recklessly, or was speeding.

4. Rollover

Rollover accidents can lead to some of the most severe types of truck accident injuries. In addition, rollover accidents are one of the most common causes of death from trucking accidents. Rollovers happen when a tractor-trailer’s wheels lose contact with the ground and turn over.

Truckers usually cause these types of accidents by driving at unsafe speeds. Furthermore, making unexpected turns also contribute to the cause of this accident. A victim could potentially hold a negligent driver accountable for causing a rollover crash. Victims must show proof or testimonies from witnesses to prove negligence.

5. Underrides & Overrides

An underride accident occurs when the front of a passenger vehicle goes under the back of a tractor-trailer. On the other hand, an override accident is when the side of a vehicle crashes into the side of a truck.

These accidents most often happen at intersections. This usually occurs when a vehicle is making a turn in front of a truck. They overestimate the distance and make an unexpected maneuver.

A trucking company can be held responsible for causing an underride or override collision. However, a victim must prove that they fail to provide adequate safety measures on their vehicles. Truckers usually cause this type of accident by speeding, making abrupt turns, and following too closely behind another vehicle.

6. Tire Blowout

Tire blowouts are a common type of truck accident. This usually happens when a truck’s tire blows out, and the driver loses control. The truck can skid or rollover as a result.

This type of accident is usually caused by a tire defect such as poor maintenance or defects in the manufacturing process. Trucking companies can be held responsible for these accidents if proven that they did not properly inspect and maintain their vehicles.

Victims of this type of accident must often prove that the tire blowout was due to negligence on behalf of the trucking company. They can do this by providing evidence that the company failed to maintain its vehicles properly. In addition, eyewitness testimony can also help support your case.

Liable Parties in My West Virginia Truck Accident

The trucking industry reported a total of 33 fatal crash events in 2019. Out of 33 incidents, 25 are caused by medium or heavy trucks, while eight are from light trucks. Most of these reported truck incidents are caused by negligent driving.

Identifying the responsible parties is critical for obtaining a truck accident claim. You must prove that the responsible party caused the accident by showing proof as a victim. Moreover, you can also use witness testimonies to support your claim.

1. Trucking Companies

Trucking businesses may be held liable in the event of a truck accident. The company could be liable if a victim can prove that the driver was negligent. In addition, the company can also be held responsible if a victim can show that the accident occurred within the driver’s shift.

To hold a trucking company liable, you must first prove that the company had control over the driver. This is done by showing that the company hired, trained, and supervised the driver. Furthermore, you must also show that the company had the authority to make decisions related to the truck’s operation.

2. Truck Owners or Leasing Companies

A truck owner or leasing company can be held liable if the driver was under their control for a truck accident. This is similar to how a trucking company is responsible in the same manner.

3. Product Manufacturers

A parts manufacturer or a tire company can be held liable for a defective truck product causing an accident. You might have a legal basis to file a claim against them if faulty products caused the accident from which you were injured.

However, proving this can be tricky. You must show evidence that the particular car part is defective. This evidence may not come by easily.

Statute of Limitations for Truck Accident Claims in West Virginia

The state of West Virginia, like any other state, established a timeframe when a victim could file a truck accident lawsuit against a defendant in a truck accident. Truck accidents have a two-year limitation similar to other personal injury cases.

Victims must act fast and file a lawsuit within this timeframe. Otherwise, their truck accident lawsuit may receive an automatic denial from the court. If you are involved in a West Virginia truck collision, you must urgently hire a personal injury lawyer.

Finding a Truck Accident Lawyer Near Me | Contact Our West Virginia Truck Accident Attorney for Legal Assistance

J. Miles Morgan is an experienced lawyer with various expertise. Throughout his long-standing years of experience, he was able to defend a lot of truck accident victims.

If you found yourself in a similar situation, it would be best to contact our law firm now! Call us at (304)-543-6357. You may also fill out our online form to submit your case details.