Whether you buy something in a store or make purchases online, that product will have spent time on a truck. There are millions of trucks on the road driving thousands of miles each day. A truck driver needs a commercial driver’s license (CDL) that, at a minimum, requires 160 hours of specialized training. Even with all that training, it doesn’t make them immune from getting into an accident.
Just as with any driver, a split-second error in judgment can lead to a devasting collision. When an 80,000-pound fully loaded semi-rig is involved in an accident, it doesn’t end well for any vehicle involved.
A truck accident can be a complicated claim to litigate. That is why you need to seek out counsel from an experienced Huntington truck accident lawyer.
The attorneys at DiPiero Simmons McGinley & Bastress, PLLC have years of dedicated experience supporting clients who have been involved in accidents with semi-rigs. If you are dealing with the aftermath of this type of accident, we want to hear what happened.
The following information will help you understand all the challenges with this type of claim and the benefits of working with DiPiero Simmons McGinley & Bastress, PLLC, to find a fast and fair resolution.
Investigation Conducted by Huntington Truck Accident Lawyer
There is no law in West Virginia that requires you to retain the services of a truck accident attorney. However, as with your typical car accident claim, you will find yourself negotiating with an insurance company that is resistant to paying out any benefits. What makes a truck accident case unique is that you will also have to take on the trucking company itself. That means another team of attorneys who are focused on denying what you are due. Do you really want to face those attorney teams alone?
When DiPiero Simmons McGinley & Bastress, PLLC, agrees to help the truck accident victim, we bring decades of combined experience into every case. We will conduct a thorough investigation into the accident that will include a careful examination of the following elements:
Truck Driver’s Travel Logs
The Federal Motor Carrier Safety Administration (FMCSA) regulates truck drivers’ service hours. The goal is to ensure that drivers receive adequate rest and do not drive drowsy. To verify service hours, the driver must keep a travel log, either written or electronic. When we examine those logs, we can determine how long the driver was on the road before the accident and whether they followed regulations.
Driver’s Commercial License Status
A truck driver can only operate their vehicle with a valid CDL. We will verify the status of the license. A driver who has an invalid license should not be behind the wheel of a big rig.
Driver’s Driving History
Does the driver have a history of traffic violations? Have they ever been charged with a DUI? The truck driver’s driving history will be relevant to the actions that led to the accident.
Driver’s Physical Health
One requirement for using a commercial driver’s license is that the driver be in good physical condition. They need to undergo regular health examinations to confirm their status.
Maintenance Check Lists
Truck drivers are obligated to inspect their rigs before every trip, and the trucking company is obligated to properly maintain its fleet of vehicles. We will carefully examine these records to determine if mechanical failures caused the accident.
Post-Accident Drug Test
The FMCSA obliges truck drivers to undergo drug tests after any accident. We will obtain copies of the results of those tests and factor them into the cause of the accident.
Preserving evidence is just one of the many benefits we provide to our clients as we help them navigate the challenges of obtaining what they are due.
Common Causes of Semi-Truck Accidents in West Virginia
If you are struck by a truck on the road, you might not immediately know the cause of the accident. Identifying the cause will help clarify who the at-fault party is. The following are some of the common causes of semi-truck accidents in West Virginia:
- Brake problems
- Prescription drug usage
- Driving intoxicated
- Speeding
- Unfamiliarity with the roads
- Road conditions
- Driver fatigue
- Distracted driving
Your Huntington truck accident attorney will look into each possible cause to rule out what is relevant and what needs to be focused on for your claim.
What Compensation Are You Entitled to After an Accident?
When you suffer injuries or property damage due to someone else’s negligence, you are entitled to seek compensation to cover your losses. You and your attorney will calculate what you consider to be a fair amount, starting with the economic damages.
Economic damage covers all the expenses that can be backed up with a bill. That starts with all of your medical expenses, including all the doctor visits, X-rays, scans, prescriptions, surgery, hospitalization, and physical therapy.
These damages would also pay for your losses related to your property. They will cover car repairs and the rental of a car while your ride is being fixed or the replacement value if the car is totaled. That value will reflect how much your car is worth on the day of the accident, not what you paid for it.
You can also be compensated for lost wages as you recover. If the injury prevents you from going back to the same job at the same salary, you could be entitled to lost future earnings.
Noneconomic damages would cover your pain and suffering. This would relate to how the accident has impacted your life. Did your injuries cause you to lose sleep? Are you in chronic pain? Have you missed out on participating in special events or hobbies? These would all be compensatory.
Your Huntington truck accident lawyer might apply the multiplier method to determine the amount of your noneconomic damages. You will be assigned a number between 1 and 5 based on the severity of your injuries. That number will be multiplied by the total amount of your economic damages. For instance, if your medical bills and property expenses are $50,000 and your multiplier is 3, your total compensation could be $200,000.
Who is Legally Responsible for Truck Accidents?
One of the reasons a truck accident is potentially more complicated than a typical car accident is determining who is responsible for the accident. Obviously, the accountability begins with the driver. However, there are several other parties that our investigation could reveal that share in the responsibility for the accident. These might include the following:
The Trucking Company
The trucking company or carrier is responsible for hiring the driver and ensuring they are healthy and driving with a valid license. If a trucking company hires an inexperienced or unqualified driver just to make their delivery quota, they could be held responsible for a portion of an accident.
Cargo Loaders
It is the driver’s responsibility to check his cargo load to ensure it is properly secured during his trip. However, the truck driver is not always in charge of actually loading the truck. That responsibility falls to the cargo loaders, who could be a third-party contractor or part of the trucking company. They can be held responsible if they fail to properly secure the cargo and its shifting contributed to the accident.
Mechanics
A trucking company needs to maintain its fleet. It will either have mechanics on the payroll or contract with outside vendors for fleet maintenance. Those mechanics can be accountable for an accident if they improperly installed a part or overlooked a problem.
An experienced truck accident attorney will be able to go through the entire list of potential at-fault parties.
Providing a Statement to a Trucking Company’s Insurance Carrier
If you’ve been involved in a minor fender bender with another motorist, you could mutually agree to resolve the damage issues on your own without involving an insurance company. That won’t happen in a truck accident.
State and federal agencies will investigate any type of accident involving a commercial vehicle. The truck company will also have their insurance carrier assign an adjuster to the claim who will most likely reach out to you to get your version of what happened. They are entitled to investigate. Eventually, you will have to share your story, but you should only provide that after you’ve spoken with an attorney.
Anything you say could be used as evidence against you. That is why you want to ensure you’re accurately recounting what happened.
The Pitfalls of Accepting an Early Settlement Offer
After the trucking company’s insurance carrier has a chance to review the evidence, they might come to the conclusion that the truck driver and the company they represent are liable for the accident. That could compel them to present you with a settlement offer. They might try to make this offer to you directly and bypass any truck accident attorney you have on retainer.
At first glance, this settlement offer might seem like a lot of money, but will it cover all your damages? This is why speaking with the attorneys at DiPiero Simmons McGinley & Bastress, PLLC, is vital. If we agree to help with your claim, we will provide you with a complete assessment of what you are due and what you should fight to get.
We have experienced successfully negotiating on behalf of our clients who have been involved in serious truck accidents. We understand how the trucking companies and insurance carriers operate. We know the language they use to deflect.
We also know what is fair. Our attorneys have sharpened their negotiating skills over the years and are fully prepared to help our clients seek the maximum amount they are entitled to.
If we face resistance, we will discuss the option of taking the matter before a civil court. We can pivot from negotiators to litigators and provide our clients with the same level of expertise and professionalism as we present the evidence and testimony to a jury.
Work With a Tireless Team of Huntington Truck Accident Attorneys
All of this support begins with an initial free consultation where we’ll evaluate your case and answer your questions. We’ll have a good understanding of the situation in that consultation and can advise you on the best course of action to receive your fair compensation.
We’re standing by to listen to your truck accident claim and offer support. Reach out to our Huntington truck accident lawyer today.
