Tractor-trailer crashes are devastating events causing serious injuries and even fatalities in West Virginia. If you or a loved one was involved in a truck accident on 1-77, the aftermath can be overwhelming and confusing. Contacting an attorney is a big decision, so it’s important to know when it’s the right time to hire a legal professional. An experienced West Virginia truck accident lawyer may protect your rights, advocate for your best interests, and help you pursue the compensation you deserve. Don’t face the medical and financial repercussions of a semi-truck collision alone. Contact a personal injury law firm near you for guidance and support.
Truck Accidents Often Resulting from Driver Negligence
Commercial truck crashes occur for various reasons, but many are due to driver negligence. Common types of tractor-trailer accidents that often result from dangerous driving behaviors include the following:
- Rear-End Collisions: When a truck driver fails to maintain a safe distance or pay attention to the road, it can lead to rear-end collisions. These accidents can be especially dangerous due to the size and weight of commercial trucks, as the force of impact may collapse the rear of a smaller vehicle or result in a fatal diffuse axonal injury (DAI).
- Jackknife Accidents: A jackknife accident occurs when a truck’s trailer swings out to the side, resembling the shape of a folding jackknife. This type of accident is typically caused by sudden braking or an abrupt change in direction, often due to the driver’s lack of awareness.
- Rollover Accidents: Rollover accidents happen when a truck tips over onto its side or roof. Issues such as speeding, taking sharp turns too fast, unevenly loaded cargo, or driver distraction can contribute to these accidents.
- Underride Accidents: Undercarriage accidents occur when a smaller vehicle slides underneath the trailer, usually from behind. These accidents often happen due to the trucking company’s failure to use reflective materials on the rear of the trailer or maintain proper lighting. They may also occur if the truck lacks safe underride guards designed to save lives.
- Tire Blowouts: Federal regulations require 18-wheelers to follow strict tire and tread replacement protocols because the weight of full trailers often results in tire blowouts. These blowouts can send a tractor-trailer careening into innocent drivers on I-64.
Even standard West Virginia traffic violations such as failing to stop at red lights, failure to yield, speeding, and unsafe lane changes are more dangerous when large trucks are involved. Do not hesitate to contact an attorney if you or a loved one suffered an injury by a negligent trucker.
Federal Regulations Applicable to West Virginia Truck Drivers
Truck drivers in West Virginia must adhere to federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA) in addition to state traffic laws. These regulations are in place to ensure the safety of both truck drivers and other road users. Some key regulations applicable to truckers include:
Hours of Service (HOS) Regulations
Truck drivers must comply with strict HOS regulations that determine the maximum number of consecutive hours they can drive and the required rest periods between shifts. These regulations are designed to prevent fatigued driving, which is a common cause of truck accidents. Drivers must keep detailed logs of all hours driven, sleep, and rest stops. Experienced lawyers will immediately request these timestamped logs to determine if a HOS violation contributed to the accident.
Drug and Alcohol Testing
Truck drivers are subject to regular drug and alcohol testing to ensure they are not operating their vehicles under the influence. FMCSA regulations outline specific testing requirements and consequences for violating these rules. Because drug and alcohol use is higher among long-haul truck drivers, this may have contributed to the crash.
Vehicle Maintenance and Inspections
Truck drivers and trucking companies must properly maintain and inspect their vehicles to ensure they are in good working condition. FMCSA regulations establish regular inspections and maintenance guidelines to minimize the risk of mechanical failures leading to accidents. Truck owners must also keep detailed maintenance records that a truck accident attorney can request to prove claims.
Serious Injuries Sustained in 18-Wheeler Crashes
Truck accidents involving 18-wheelers can result in severe injuries due to their size and weight. Some of the most common critical injuries sustained in large truck crashes include:
- Traumatic Brain Injuries (TBI): The impact of a collision with an 18-wheeler can cause severe head trauma, leading to traumatic brain injuries. TBIs can have long-lasting effects on a person’s cognitive abilities, motor skills, and overall quality of life. They may also result in comas and brain death.
- Burns: Underride accidents may trap drivers of smaller vehicles in their crushed cars and cause sudden fires. Some of the most serious burn injuries result from large truck collisions.
- Spinal Cord Injuries: The force of an 18-wheeler accident can cause spinal cord damage, resulting in partial or complete paralysis. These injuries often require extensive medical treatment, long-term care, and rehabilitation.
- Broken Bones and Fractures: The impact of a truck accident can cause fractures and broken bones throughout the body. These injuries can be incredibly painful and may require surgical intervention to ensure proper healing.
- Amputations: Undercarriage and crushing accidents from large truck impacts can result in emergency physicians having to amputate arms and legs that cannot be saved.
- Internal Organ Injuries: The sheer force of an 18-wheeler collision can cause internal organ damage. Injuries to vital organs such as the liver, spleen, or kidneys can be life-threatening and may require immediate medical attention.
- Death: Many roadway fatalities are caused by negligent truck drivers. These fatalities may occur on impact, in the hospital, or even years later.
If a family member was critically injured or killed in a West Virginia semi-truck accident, an attorney might help next of kin file litigation and demand compensation on their loved one’s behalf.
Parties Potentially Liable for Paying Truck Accident Injury Compensation
Determining liability in a truck accident case can be complex, as multiple parties can be held responsible for the injuries and damages sustained. Generally, truck accidents result in direct liability claims, such as claims against the truck driver and vicarious liability claims against vehicle owners and trucking companies. For example, if the truck driver’s negligence caused the accident, the driver may be held personally liable for the injuries and damages suffered by the victims. The trucking company that employs the driver can also be held indirectly liable for its employee’s negligence and directly liable for negligent hiring and training. Additionally, trucking companies may be held responsible for your injuries if they engaged in improper vehicle maintenance or set unrealistic delivery deadlines that contributed to driver fatigue.
The manufacturer may be held responsible for the injuries and damages if a truck or component defect caused or contributed to the accident. Personal injury attorneys can also handle these product liability claims. In some cases, parties other than the truck driver or trucking company may share liability. It can include entities responsible for cargo loading, maintenance providers, other drivers, or even government entities responsible for road conditions and signage. Dedicated West Virginia truck accident lawyers can analyze the specific facts of your case to determine liability after devastating crashes.
Special Insurance Policies Covering Commercial Motor Vehicles
Commercial motor vehicles, including trucks, typically require specialized insurance policies to cover potential accidents and injuries. Commercial auto liability insurance provides coverage for bodily injury and property damage caused by commercial vehicles. It also helps protect the trucking company and driver from financial liability in the event of an accident and generally has limits between $750,000–$5,000,000. Umbrella liability insurance provides additional coverage beyond the limits of standard liability policies. It can help protect trucking companies and drivers from substantial financial losses in the event of a severe accident or multiple claims.
Realistically, most truck accident claims settle with liable insurers. The high-value commercial insurance policies required by the FMCA cover most claims, but victims suffering from life-altering injuries may require additional compensation directly from umbrella liability policies or liable corporations. Do not settle with any insurer before speaking with a lawyer, as it may result in a waiver of all future claims against the company.
Settling v. Litigating Semi-Truck Accident Cases
After a truck accident, victims have the option to pursue compensation by settling or litigating their cases. Settlement involves reaching an agreement with the responsible parties or their insurance companies outside of court. This option often provides a quicker resolution and avoids litigation’s potential uncertainties and costs. However, the settlement amount may be lower than what can be awarded in court.
Litigating a truck accident case means taking it to court and allowing a judge or jury to decide on the outcome. This process can be time-consuming and more expensive due to legal fees and court costs. However, litigation may be necessary if the responsible parties refuse to offer a fair settlement or if multiple parties are involved. Do not accept an early settlement offer for medical bills or lost earnings without speaking with a dedicated truck accident lawyer in West Virginia. This is often a tactic used to get innocent claimants to waive their rights to future compensation.
West Virginia Statute of Limitations in Truck Crash and Personal Injury Cases
If you plan to pursue a truck accident claim or personal injury lawsuit in West Virginia, it’s important to be aware of the statute of limitations. The statute of limitations determines the maximum time period you have to file a lawsuit after the accident. In West Virginia, the statute of limitations for truck crash and personal injury cases is generally two years from the accident date. Insurance claims deadlines might be much quicker, so you should contact an experienced truck accident attorney as soon as possible to ensure you meet all necessary deadlines and preserve your legal rights.
The Value of Retaining an Experienced Truck Accident Lawyer
Retaining an experienced truck accident attorney is invaluable when seeking compensation for medical bills, lost earnings, and pain and suffering. Here are some reasons why it’s essential to have legal representation:
- Knowledge and Experience: A truck accident lawyer familiar with this area of law understands how to file claims against multiple parties and obtain essential evidence of liability.
- Advocating for Your Best Interests: An attorney will advocate for your best interests throughout the legal process. They will negotiate with insurance companies, litigate if necessary, and ensure you receive fair compensation for your injuries and damages. Personal injury lawyers work for you, not the insurance companies.
- Investigation and Evidence Gathering: Truck accident cases often require a thorough investigation into HOS and maintenance records to establish liability. An experienced law firm will have the resources and contacts to conduct a comprehensive investigation, gather evidence, and identify all potentially responsible parties.
- Handling Insurance Claims: Dealing with insurance companies can be daunting, especially when they attempt to minimize or deny your claim. A skilled truck accident lawyer knows how to handle commercial insurance companies, negotiate fair settlements, and protect your rights.
- Contingency Fees: Many truck accident lawyers work on a contingency fee basis, which means you only pay legal fees if they successfully recover compensation on your behalf. This arrangement allows you to pursue your claim without worrying about upfront costs.
Always seek legal representation when you or a loved one has been involved in a truck accident. An experienced truck accident attorney can guide you through the legal process, advocate for your best interests, and help you pursue the compensation you deserve.
Connect with a West Virginia Truck Accident Attorney
When should you hire a truck accident lawyer? Immediately after a devastating crash. A seasoned West Virginia truck accident attorney understands the unique challenges and laws that come into play when pursuing a claim against a trucking company or driver. A qualified personal injury attorney in West Virginia can assess your case free of charge and, if your claims are viable, help you seek the compensation you deserve. Don’t delay taking the first step toward justice by contacting a dedicated truck crash law firm today.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
