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Injury Victims


Charleston Truck Accident Lawyer

Charleston Truck Accident Lawyer

Tractor-trailers and other large trucks are central to our way of life, transporting over 70% of the goods we use every day. But these giant machines are among the most dangerous vehicles on the highway—especially to the smaller passenger cars that share the road with them.

Accidents involving large trucks often leave survivors with life-altering injuries. The medical care required to treat these injuries is, for many, a life-long investment.

If you or your loved one suffered the devastating consequences of a trucking accident in West Virginia, a Charleston truck accident lawyer from our law firm is ready to help you understand and uphold your rights. We’ll help you make sure a negligent truck driver, trucking company, and their insurance company takes financial responsibility for the harm they caused.

To learn if you are entitled to recover compensation for medical expenses, lost wages, and other damages, contact DiPiero Simmons McGinley & Bastress, PLLC law firm for a free case consultation.

We Only Get Paid if We Win Your Case for You

At DiPiero Simmons McGinley & Bastress, PLLC, we believe everyone should have access to top-quality legal representation. We never want victims of serious accidents to be barred from justice because of their current economic status.

That’s why our law firm begins each case with a 100% free consultation—and we don’t get paid until we win your case.

Our truck accident lawyers are fully prepared to handle trucking accidents involving:

  • Tractor-trailers
  • Delivery trucks
  • Coal trucks
  • Logging trucks
  • Water trucks
  • Interstate trucking accidents
  • Unsecured load accidents
  • FMCSA violations
  • Defective equipment
  • Unqualified truck drivers
  • And all other types of truck accidents

Did You or a Loved One Suffer Injuries in a West Virginia Commercial Truck Accident?

Taking action after a truck accident is critical. To best protect your health, safety, and legal rights, we recommend following as many of the steps below as possible after a West Virginia commercial motor vehicle accident.

Steps To Take After a Trucking Accident

  1. Contact the authorities by calling 911 immediately. This will summon an ambulance and emergency services to the scene. Responding law enforcement officials will also make a report of the accident. This police report will be vital evidence in later investigations conducted by attorneys and insurance company adjusters.
  2. Gather evidence from the accident scene if your condition allows. Take pictures and videos of vehicle and property damage, physical injuries, skid marks on the road, the surrounding conditions, and other factors that may have contributed to the truck crash.
  3. Exchange information with all involved drivers. Take down the truck driver’s name, truck company employer, license plate, driver’s license number, contact details, and insurance information.
  4. Ask for witness statements if anyone saw the accident happen. Be sure to save their contact information to share with your truck accident lawyers.
  5. Seek medical attention for any apparent injuries. If you don’t believe you need to go to the emergency room right away, schedule a checkup with your doctor. Not all injuries immediately present symptoms. Accident victims should always receive a thorough examination, even if they don’t experience any symptoms in the days following their truck or car accident.
  6. Seek legal guidance from a team of experienced truck accident lawyers. A truck accident case, unlike a minor car accident, is not something you should attempt to handle without the representation of a law firm you trust.

It’s best to get in touch with a legal advocate as soon as possible following an accident involving a commercial vehicle. Truck accident cases are complex and take time to build. Even as you begin the process of seeking compensation, the truck company may be actively working to erase evidence of wrongdoing. Additionally, West Virginia places a two-year statute of limitations on most truck accidents, meaning that you no longer have the right to take legal action after this deadline has passed.

No matter where you are in the process of recovering from your semi-tractor trailer accident, the skilled and compassionate lawyers from our personal injury firm are ready to help.

We have more than 200 years of combined experience to use to your benefit. And we use our experience in a collaborative way. Our truck crash lawyers work together to apply each attorney’s unique skillset to your truck accident case. We are AV Preeminent® Rated by Martindale-Hubble® and have been listed as one of the Best Law Firms by U.S. News & World Report.

Contact us today to schedule your free case evaluation. 

How DiPiero Simmons McGinley & Bastress, PLLC Can Help You

If you were seriously injured in a truck collision, you shouldn’t be forced to deal with the commercial trucking company and their insurance agency on your own. Insurance adjusters may begin contacting you before you’ve even had a chance to finish treating your serious injuries.

While you focus on what’s most important, we’ll handle the legal matters on your behalf. As your legal team, we will:

  • Deeply investigate the trucking accident to determine liability
  • Gather proof to fully support your claim
  • File an insurance claim with the appropriate party or parties
  • Partner with expert witnesses like accident reconstructionists, medical experts, and trucking industry professionals to strengthen your claim
  • Calculate the full cost of your financial and non-financial losses to make sure you receive maximum compensation in your truck accident claim
  • Negotiate a fair out-of-court settlement when possible, or use our trial experience to give your case the best chance of a successful outcome in a West Virginia court
  • Ensure you are receiving proper medical attention and at-home help as needed while we manage insurance company communications, handle documentation and paperwork, and meet all deadlines
  • Be available to answer questions, discuss your case progress, and offer the support you need at every step of the way

What Makes Truck Crash Claims Different From Car Accidents?

Truck accident claims are much different than other types of claims we handle in our personal injury law office. An experienced truck accident attorney must have a comprehensive understanding of all federal, state, and municipal regulations that apply to the case.

There are laws that require trucks to carry higher amounts of insurance coverage, and a claim may need to be filed through multiple insurance policies. Truck drivers are required to meet higher safety standards than other drivers. Vehicle operators must carry the proper commercial driver’s license (CDL) and any endorsements needed for their job. When a trucking company or driver violates regulations set by the Federal Motor Carrier Safety Administration (FMCSA), that individual or group may face severe fines and other penalties.

All of these factors (along with many others) must be taken into account when investigating a truck crash. If negligence was at play, injured victims have the right to pursue a personal injury lawsuit in civil court. This holds the at-fault party legally responsible for the harm caused by trucking negligence.

After investigation, your personal injury lawyers may determine that you are entitled to pursue compensation from one or more of the following parties and their insurance carriers:

  • A truck driver
  • A commercial trucking company
  • A truck owner
  • A loading or shipping company
  • A maintenance or repair company
  • A manufacturer of defective parts

Because truck accident claims are typically filed against companies (not individuals), you will be dealing with deep-pocketed agencies protected by powerful legal teams and insurance carriers.

As an injured victim, it should not be your responsibility to defend yourself against these profit-seeking entities. A truck crash attorney from DiPiero Simmons McGinley & Bastress, PLLC will make sure you are treated with fairness and respect.

The Most Dangerous Roads for Truck Accidents in Charleston

As the capital of West Virginia and the meeting point of the Elk and Kanawha Rivers, Charleston sees a high amount of commercial traffic for a city of its size. In the city and throughout Kanawha County, commercial truckers are likely to follow routes that take their vehicles along:

  • I-64
  • I-77
  • US 119
  • I-79
  • US 60
  • MacCorkle Avenue/WV 61
  • Kanawha Boulevard

Common Causes of Charleston Semi Accidents

Most truck drivers are conscientious employees who take the risks of their job seriously. But when a negligent truck driver or trucking company acts carelessly, recklessly, or aggressively, they violate the most fundamental responsibility of their job—to be safe.

Some of the most common causes of truck accidents include:

Driver Error

Any negligent act or omission on the part of the driver can cause a truck crash. Some of the most serious truck accidents result from what seem like the smallest acts of negligence—like when a careless truck driver checks a quick text message while speeding down the highway at 70 mph.

A trucking accident may be caused by a driver error like:

  • Speeding or driving too fast for conditions
  • Distracted driving
  • Improper lane changes
  • Driving without the proper licensure or training
  • Failure to check blind spots
  • Misjudging clearances
  • Driving when adverse weather makes it unsafe to stay on the road
  • Poorly executed turns
  • Tailgating
  • Road rage
  • Loss of vehicle control
  • Substance abuse
  • Cell phone use

Improper Loading

Unsecured loads, overloaded cargo, weight limit violations, and improperly balanced loads can cause severe accidents. Cargo can come loose on the highway or shift inside the trailer and throw the vehicle off balance, causing a rollover or tire blowout. Trucking companies, shipping and loading companies, and truck drivers performing pre-trip inspections all have a duty to protect against the risks of improperly loaded cargo.

Truck Driver Fatigue

The FMCSA sets mandatory hours of service (HOS) regulations at the federal level. These laws set limits on driving time and make rest times a requirement. Hours of service regulations are important because they work to avoid a situation in which a driver operates a vehicle while dangerously fatigued.

But HOS rules are some of the most frequently-broken laws in the commercial trucking industry, often with tragic consequences. Truckers who drive fatigued in an effort to meet delivery deadlines put themselves and others at risk. Fatigued driving carries with it risks similar to those associated with drunk driving.

Trucking Company Negligence

Commercial trucks are expensive to manufacture and maintain. As such, it’s common for trucking corporations to cut corners as often as possible when it comes to adhering to federal safety standards, as well as proper truck maintenance. Cutting corners regarding safety comes with a heavy price, however, and that price is the safety of our nation.

Common Injuries in Truck Accidents

There are very few car vs. truck accidents that do not result in serious injuries to the involved passenger vehicle occupants. One of the reasons that truck drivers are required to undergo such extensive training and testing—and carry such high insurance minimums—is because of the potential consequences of a trucking accident.

When a 40-ton semi-truck collides with a car, those inside the smaller vehicle are often left with catastrophic injuries. These injuries not only cause severe immediate harm but also create lasting and debilitating health issues and impairments the victim has to cope with for the rest of their life. Because of the immeasurable damage large trucks can cause, trucking companies have a heightened responsibility to hire skilled drivers and maintain a safe fleet.

Some of the most common truck accident injuries include:

What Damages Can You Recover in a Truck Accident Claim?

When personal injury is caused by another party’s negligence, West Virginia law allows the victim to seek damages. If you suffered severe injuries, property damage, emotional trauma, and other damages, you may be entitled to compensation for your losses.

Your truck accident lawyer can help you evaluate and calculate the total of your economic and noneconomic damages to make sure you receive maximum compensation. In a commercial trucking accident, you, as the plaintiff, may be entitled to financial compensation for:

  • Current and future medical expenses
  • Current and future lost wages
  • Lost earning capacity
  • Permanent disability
  • Physical therapy and rehabilitation
  • In-home domestic and medical care
  • Repair or replacement of vehicles involved
  • Other property damage to valuable personal items
  • Pain and suffering
  • Emotional anguish
  • Loss of enjoyment of life
  • Loss of consortium
  • Wrongful death damages after the loss of a loved one

Punitive Damages

Personal injury cases like serious truck accidents may also involve a separate category of damages known as “punitive” or “exemplary” damages. Instead of compensating the plaintiff’s loss, these damages punish the defendant’s behavior.

Punitive damages are rare in personal injury cases, as they are only applied by a West Virginia court when it can be shown that the defendant acted with malice or with a conscious, reckless, and outrageous indifference to the health, safety, and welfare of others. West Virginia also places a cap on punitive damages: the total award may not exceed four times the amount of compensatory damages awarded, or $500,000, whichever is greater.

We can discuss whether punitive damages are applicable in your case during your free consultation.

Find the Right Charleston Truck Accident Attorney for You

Choosing your attorney is an important decision. You not only need a truck accident lawyer with the skill and experience relevant to your case. You also want to make sure you choose someone who will look out for you and your family, prioritize your best interests, and treat you with respect in all matters.

When meeting with a law firm for the first time, it’s helpful to ask questions like:

  • What past experiences have you had with truck accident cases like mine?
  • How can I reach you when I have questions about my case?
  • What potential challenges do you anticipate with my case?
  • Do I have to communicate with the truck company and their insurer, or will you handle that for me?
  • How much are your attorney’s fees, and when do I have to pay them?
  • What do you think my truck accident claim is worth?
  • Do you think my case will settle out of court or go to trial?

Your truck accident lawyer should be knowledgeable and honest, straightforward and compassionate, reliable and aggressive in fighting for the best outcome for you.

We invite you to come see why our peers and clients consistently rank DiPiero Simmons McGinley & Bastress, PLLC as one of the best law firms in West Virginia. A free case evaluation with our team of attorneys is available for you now.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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