Routes like I-70 and I-470 run through Wheeling, and they are essential corridors for trucks that connect West Virginia to larger national markets. However, with this increase in traffic comes an increased risk of serious truck accidents. These accidents can lead to severe injuries, property damage, and life-altering consequences for the involved parties. If you or a loved one has been affected by a truck accident, you will want to seek experienced legal help from a Wheeling truck accident lawyer.
Truck accidents in Wheeling are very complex due to the severe nature of injuries and the high stakes of litigation. Many truck accidents result from issues often rooted in negligence on the part of the trucking company or driver. Trucking companies and insurers have extensive resources to minimize or deny claims. With that in mind, all accident victims need to have skilled representation to protect their rights.
At DiPiero Simmons McGinley & Bastress, PLLC, we are ready to assist with your case. However, you need to take the first step and reach out to us. Contact our office and find out how our Wheeling truck accident attorney can help with your trucking accident claim.
Negligence and Liability for Tractor-Trailer Crashes Occurring in Ohio and Marshall Counties
Unfortunately, truck crashes are not rare. According to the Federal Motor Carrier Safety Administration (FMCSA), almost 160,000 truck crashes occurred in the United States in 2023, with around 75,000 injuries and 5,000 deaths.
In truck accident cases, negligence is tied to liability. Many times, these accidents are the result of lapses in safe driving practices, maintenance protocols, or adherence to regulatory standards. Understanding who may be at fault and why they hold responsibility is key to pursuing a successful claim. In some situations, multiple parties may share liability in an accident. Here’s a look at some of the key players who may bear responsibility:
Truck Driver
The driver is the first party considered when establishing fault. Distracted driving, impaired driving, speeding, or violating hours-of-service regulations are common causes of truck accidents. All truck drivers are required to follow state and federal laws to keep the roads safe. They may be held personally liable if their negligence led to the accident. However, in many cases, the employer may also be held accountable.
Trucking Company
Since trucking companies hire their employees, they must make sure that their drivers are properly trained, licensed, and compliant with safety regulations. Also, they must maintain regular maintenance schedules to keep vehicles in proper working order. If the company pushes drivers to exceed hours-of-service limits or skip maintenance, they could be held liable.
Cargo Loading Companies
These companies are responsible for properly securing and balancing loads on trucks. When there is improperly loaded or unbalanced cargo, that can cause the vehicle to tip over or become difficult to control. When cargo loading errors contribute to an accident, the company responsible for loading can be held liable. Documentation of loading procedures, weight records, and statements from those who handled the cargo are examined to determine if improper loading was a factor.
Truck or Part Manufacturer
Manufacturers must produce vehicles and components that meet safety standards. Any defects in the brakes, tires, or steering mechanisms can create dangerous conditions that lead to accidents. In cases where a defective part or design flaw contributed to the accident, then it could be a product liability issue.
Maintenance Providers
These companies are responsible for keeping trucks roadworthy. By neglecting repairs, overlooking wear-and-tear issues, or failing to meet routine service standards, all these actions can result in mechanical failures that endanger others on the road. If an accident was caused by poor maintenance, the service provider might be held liable.
You will want to have a Wheeling truck accident lawyer to help determine the liable parties in your case. This process can take time as your legal team will need to investigate and analyze various forms of evidence, such as:
- Accident scene data
- Vehicle maintenance logs
- Driver records
All of these pieces of evidence can help to identify potentially liable parties. When you hold each responsible party accountable, you can seek full compensation for your damages.
At DiPiero Simmons McGinley & Bastress, PLLC, we can guide you through this intricate process. With our experience and dedication, we’ll help ensure all liable parties are held accountable.
What Compensation Can You Seek in a WV Truck Collision Claim?
After a crash, you probably have extensive medical bills, ongoing treatment costs, and lost income. Starting the process of financial recovery can help you get compensation for:
- Medical expenses: Coverage for hospital stays, surgeries, physical therapy, and any required long-term care.
- Lost wages and future income: Compensation for lost income when you are unable to work or have reduced earning potential because of your injuries.
- Pain and suffering: These can include damages for the physical pain and emotional trauma you endured.
- Property damage: This can include reimbursement for repairs or replacement of your vehicle and other damaged property.
- Wrongful death: If a loved one was killed in a truck accident, you might be entitled to compensation for funeral expenses, loss of companionship, and other damages. According to the S. Department of Transportation Traffic Safety Facts, 70% of occupants in smaller vehicles were killed in two-vehicle crashes involving a large truck in 2022.
What to Do After a Semi-Truck Crash in Wheeling, WV
After experiencing a sudden accident, you might be in shock. However, you need to take action to preserve your rights, the evidence, and other details of the incident. Here are a few points that you will want to do:
- Seek medical attention: As always, your health should be a top priority. You will want to visit a healthcare provider even if you feel fine, as some injuries may not be immediately apparent.
- Document the scene: You may want to take photos or videos of the crash, including vehicle damage, road conditions, and any visible injuries, but only if it is safe.
- Report the accident: Next, it is important to notify the police and get a copy of the police report. This piece of evidence will be vital to your case.
- Avoid talking about the accident: While you may want to discuss your case, you should never share details on social media or discuss it with the trucking company’s insurer.
- Contact a Wheeling truck accident lawyer: Another important step is consulting an attorney early in the process. They can help ensure your case is handled correctly from the start. A lawyer will guide you through each step of your claims process.
Take the Next Step: Contact a Wheeling Truck Accident Lawyer
When a truck accident upends your life, you need the support of a knowledgeable Wheeling truck accident attorney. At DiPiero Simmons McGinley & Bastress, PLLC, we can help with everything, from handling insurers to gathering evidence; we are here to make sure you get maximum compensation for your damages.
If you’ve been injured in a truck accident in Wheeling, it is time to set up a free consultation. Find out how we can start the process of recovering compensation in your case.
