Whether you are traveling on Route 64 or a rural road, you may encounter a large truck. Trucking accidents are fairly common and can often leave accident victims with serious injuries and monetary damages. According to the Federal Motor Carrier Safety Administration (FMCSA), there were 494,000 reported truck crashes in 2021, with 5,149 fatal and 110,000 injury crashes.
At DiPiero Simmons McGinley & Bastress, PLLC, we understand how these events can impact you and your family’s lives. For that reason, we would invite you to speak with our Charleston, WV truck accident lawyer. We have extensive experience handling accidents just like yours. Reach out to our legal team for a free consultation.
How Negligence Plays a Role in Tractor-Trailer Crash Cases
In all personal injury cases, negligence plays a major role in determining liability. When courts evaluate truck accident cases, they carefully consider whether any party involved, including the truck driver, trucking company, and other motorists, acted negligently. Let’s look at how negligence factors into these cases:
- Duty of care: All drivers, including truckers, have a duty to operate their vehicles safely and adhere to traffic laws. However, due to the size and weight of their vehicles, truck drivers are held to additional FMCSA regulations. These drivers need to adhere to specific rules related to rest breaks, hours of service, and weight limits. When they violate those rules and obligations, they breach their duty of care they owe you.
- Breach of duty: When a driver, trucking company, or other party breaches their duty of care, they have acted negligently. This can often happen in a variety of ways, from a truck driver speeding to a truck company failing to adequately maintain its fleet.
- Causation: With the above factors in your case, your legal team needs to establish a direct link between the breach of duty and the accident itself. For example, if a trucker’s distracted driving leads to an accident, there is a clear connection between the driver’s behavior and the incident. You will need to use evidence, such as eyewitness accounts, accident reconstruction, and electronic logging data, to establish this link.
- Damages: In these cases, negligence results in harm, such as physical injuries, lost wages, property damage, or wrongful deaths. How these injuries affected you and your family will impact the compensation that may be awarded.
As you can imagine, these factors can be difficult to prove on your own without the help of an experienced legal team. DiPiero Simmons McGinley & Bastress, PLLC, is ready to assist with your case, starting with a free consultation. Contact a Charleston, WV truck accident lawyer in our office to discuss your case today.
Holding Liable Parties Responsible for Their Actions
Before you can file a claim, you need to identify the liable party (or parties) in the accident. Many times, the sole responsibility rests with the driver. However, the trucking company, vehicle manufacturer, repair shop, or even cargo loader could be liable in these cases. Your legal team will need to conduct a thorough investigation to determine liability. Some of these steps may include:
- Reviewing the police report: One of the most valuable sources of evidence is the crash report. Often, it will contact details regarding the road conditions, witness statements, and any citations issued. This can help highlight the circumstances surrounding the accident and aid in identifying the at-fault parties.
- Examine the truck driver’s logbook: This logbook will have important notes about whether the driver complied with hours-of-service regulations. Any violations, such as exceeding driving hours, should be noted, as they could indicate negligence on the part of the driver or the trucking company.
- Inspect maintenance records: Truck maintenance records can reveal information about the vehicle’s upkeep. If the driver or company fails to properly maintain the vehicle, it can lead to unsafe operation on the road. Neglecting this task can contribute to accidents, making the trucking company liable for the damages.
Other physical evidence from the accident scene, such as dashcam footage, GPS data, and electronic logging device (ELD) logs, can also help to settle your claim. You will want to work with an experienced legal team to help obtain and analyze the evidence for your case. In turn, that can help build a stronger claim against the driver or the company.
Why You Need an Experienced Charleston, WV Legal Team
As you may already know, truck wreck cases are complicated. Many times, you will have to deal with not one but multiple parties to get the compensation you deserve. This means analyzing evidence from the case, negotiating with several insurers, and working towards a favorable outcome. And you have to accomplish this all while you are attempting to heal from your injuries.
However, when you work with an experienced personal injury team, they can help take some of the hassles out of the process. Here are a few reasons to consider hiring a knowledge truck accident attorney in Charleston, WV to handle your case:
- They understand the complex regulations applicable to the trucking industry: Federal and state regulations related to trucking, road safety, and insurance requirements exist. You will want a Charleston truck accident attorney who understands these laws and can apply them to your case.
- Experienced lawyers know what evidence matters: They will investigate the accident scene, interview witnesses, and collect information to show the other party’s negligence and your damages.
- You need to have strong legal representation like the trucking company will: Fleet companies often have legal teams ready to defend their interests. An experienced lawyer understands the current industry practices, safety protocols, and common defense strategies. They will be ready to defend your claim and help you seek compensation for your case.
- A skilled lawyer can negotiate with insurance companies on your behalf: Your attorney will calculate the exact amount of your losses and fight for fair compensation, taking into account your medical bills, lost wages, pain and suffering, and other damages. If a settlement is offered, they can make sure it reflects your best interests.
- Pursuing litigation may be necessary: Sometimes, negotiations fail, and you will have to go to trial. In these cases, an experienced lawyer is ready to go to court and establish liability, damages, and causation.
Remember, choosing the right legal team could impact the outcome of your truck accident case. When you have a qualified legal team representing you, you ensure your rights and interests are protected from the moment they are retained for your claim.
Choose DiPiero Simmons McGinley & Bastress, PLLC for Your Case
At DiPiero Simmons McGinley & Bastress, PLLC, we are dedicated to fighting for the rights of individuals and families who have been affected by trucking accidents. With more than 40 years of experience, our law firm has built a strong reputation for providing high-quality legal representation to our clients in West Virginia.
We understand the urgency of the situation when someone has been injured. We are here to help navigate the legal process and fight for the compensation our clients deserve. We are here to advocate for you and your loved ones, making sure that your rights are protected.
You do not want to delay if you or a loved one has been injured in a tractor-trailer crash. Get in touch with us today for a free consultation with our Charleston, WV truck accident lawyer so we can evaluate your claim.
