Every year, thousands of people lose their lives in preventable truck accidents. Unfortunately, issues such as truck company negligence increase the odds of truck accidents. If you believe truck company negligence is what caused your recent truck accident, please call the Morgantown truck accident lawyers at Robinette Legal Group, PLLC at (304) 594-1800 for a free consultation. You may be entitled to financial compensation from the truck company.
Do You Need an Attorney?
It is in your best interest to hire an attorney to help you with a claim against a trucking company. Truck companies in West Virginia have ample resources and powerful legal teams to dispute liability during accident claims. The insurance provider’s main goal is to devalue your claim and save money. The best way to stand your ground during insurance claim negotiations – and to fight for fair compensation – is with a lawyer representing your best interests.
A lawyer can investigate your truck accident, find evidence of truck company negligence and guide you through the legal process from start to finish. You can rest assured that your claim is in good hands when you retain an experienced truck accident attorney in Morgantown.
What Are the Elements of Negligence?
Most personal injury cases in West Virginia are based on negligence. In personal injury law, a person is negligent if he or she is careless, and causes injury or harm to others. It is typically necessary to establish negligence as more likely to be true than untrue to win a truck accident case.
To prove truck company negligence, you or your lawyer will need evidence of four elements:
- Duty of care. The truck company had a duty of care to reasonably prevent truck accidents, or a legal obligation to act reasonably.
- Breach of duty. The truck company is guilty of a breach of the duty of care, or an act or omission that constitutes negligence.
- Causation. The truck company’s negligence is what caused or greatly contributed to the truck accident.
- Damages. You suffered compensable damages, or losses, because of the truck company’s negligence.
An experienced truck accident lawyer can help you meet your burden of proof by gathering evidence of truck company negligence for you, such as compliance reports, employment records, eyewitness statements, and the truck’s black box. With this evidence, your lawyer can craft a strong legal strategy against the truck company.
What Are Examples of Truck Company Negligence?
A truck company can be negligent in many different ways. Although all trucking companies have a legal obligation to act responsibly, many companies break the rules or cut corners to save time and money.
Common examples of truck company negligence that can cause accidents are:
- Lack of truck or fleet inspections and maintenance
- Low-quality repairs
- Poor driver hiring and retention protocols
- Failing to conduct background checks on drivers
- Lack of truck driver training
- Pressuring drivers to violate hours-of-service regulations
- Ignoring safety hazards or complaints
- Violating federal trucking laws
- Failing to properly secure cargo
These mistakes and oversights can lead to issues such as truck part malfunctions, lost cargo loads, and fatigued truck drivers. If a negligent or reckless act by a trucking company causes a big rig accident in West Virginia, the trucking company’s insurance provider will be financially responsible for the losses suffered by injured victims.
Speak to a Truck Accident Lawyer in Morgantown Today
If you or a loved one was recently injured in a truck accident in Morgantown, you may be entitled to receive financial compensation for truck company negligence. Learn more about your legal rights and options by speaking to a Morgantown personal injury lawyer from Robinette Legal Group, PLLC today. We offer free case evaluations and operate on a contingency fee basis, meaning you won’t pay us anything unless we win your case. Click here or call (304) 594-1800 now.