Trucks in West Virginia are often involved in devastating crashes due to the sheer size and weight of commercial vehicles. You may be facing life-threatening injuries and financial disruption after being injured in a truck accident.
For example, you may endure lost income if an injury keeps you out of work for an extended period. While you may be entitled to compensation for your losses, you face resistance from the insurer of the negligent party.
Our truck accident attorneys at Robinette Legal Group, PLLC, have a vast understanding of federal and state truck regulations. We can investigate the crash, gather evidence, and fight for a fair settlement for your losses.
Our truck accident attorneys are ready to protect your rights and pursue compensation from the negligent party.
What does a West Virginia truck accident lawyer do?
- Investigates the crash and gathers evidence like dashcam footage, maintenance records, and witness testimony
- Calculates and proves the full extent of your losses—economic and non-economic
- Negotiates with insurers to prevent lowball settlement offers
- Handles litigation if a fair settlement can’t be reached
- Uses knowledge of federal and state trucking regulations to identify violations
- Represents victims of jackknife, underride, rollover, blind spot, and rear-end truck accidents
- Fights for victims suffering severe injuries like spinal cord damage, amputations, or traumatic brain injuries
- Helps claim compensation even in shared-fault situations under West Virginia law
- Supports clients through the entire legal process while they focus on recovery
Why Choose Us
- Recognized: We are proud members of the Multi-million advocates’ forum, which is limited to attorneys who have achieved several multi-million dollar results for their clients.
- Location: We are at 211 Everhart Dr, Ste 200, Morgantown, WV 26508, just a 3-minute drive from University High School.
You can count on our truck accident lawyers to handle the legal aspects of your claim as you focus on recovery.
How Much Is My Truck Accident Worth
The estimated value of a truck accident can help decide if it’s worth pursuing compensation. Even so, there is no average value in a truck accident. The outcome depends on the facts and circumstances of the accident.
Here are the factors that influence the value of a truck accident claim:
Proving Fault
Shared fault, also known as shared liability, comes into play when both parties share responsibility for the accident. It is a legal principle recognizing that multiple factors can contribute to an accident, and each party may bear some fault.
For example, if you were involved in a truck accident because you were speeding, but the truck driver ran a red light, the shared fault would come into play. If the court determines that you were 20 percent at fault for the accident due to speeding, your compensation would be lower by 20 percent.
Our truck accident lawyers can protect your interests when determining fault or allocating responsibility. They can use evidence to defend you from being unfairly blamed for the crash.
Availability of Evidence
Although you may be entitled to compensation for your losses, you must demonstrate the negligent actions of the at-fault party that led to the injury. You must, therefore, support your claim with evidence.
The more evidence you have, your chances of receiving a fair settlement value for your losses increase.
Here’s a list of evidence that can enhance the value of your claim:
- Medical Records: Detailed medical records documenting your injuries, treatments, and prognosis can establish the extent of your damages. They provide concrete evidence of the physical and mental harm you experienced due to the crash.
- Eyewitness Statements: Witness testimony can provide valuable insight into how the accident occurred. Eyewitnesses can offer a firsthand account of the events leading to the crash, helping to establish fault and liability.
- Accident Reconstruction Reports: Accident reconstruction experts analyze the evidence to recreate the accident scene and determine how it unfolded. These reports can be instrumental in proving the negligence of the at-fault party.
- Dashcam Footage: In cases where available, dashcam footage can complement other sources of evidence. It provides a real-time visual representation of the accident, minimizing possible disputes.
- Electronic Logging Data: Commercial trucks have electronic logging devices that track driving hours and speeds. Our truck accident lawyer can use this data to determine whether the truck driver violated any regulations leading up to the accident.
- Maintenance Records: Maintenance records of the truck involved in the accident can shed light on any mechanical issues that may have contributed to the crash. Poor maintenance can indicate negligence on the part of the trucking company.
- Expert Testimony: Expert witnesses, such as medical professionals or accident reconstruction specialists, can provide professional opinions based on their experience. Their testimony can offer valuable insights and credibility to support your claim.
Severity of Injury
The severity of an injury can determine whether you’ll receive a higher or lower settlement value. Insurance companies and courts consider the extent of your injuries, including the type of injury, the treatment required, and the long-term consequences on your health and quality of life, to estimate the value of your losses.
For instance, a minor injury such as whiplash may result in lower compensation compared to a catastrophic injury like a spinal cord injury or traumatic brain injury.
Severe injuries deserve higher settlement value because they require extensive medical treatment and rehabilitation. They may also lead to permanent disabilities, impacting your ability to work and enjoy life as you did before the accident.
Moreover, a severe injury’s emotional and psychological toll also influences the outcome. Losses associated with pain and suffering, loss of consortium, and mental anguish can also increase the value of a truck accident claim.
Insurance Coverage of the Negligent Party
In most cases, the at-fault party’s insurer is the source of compensation for the injured victim. Therefore, their insurance coverage limits can determine the value you receive for your claim.
A negligent party with a low coverage limit can restrict the value you receive for your losses. Our truck accident lawyer can explore other alternatives, including underinsured/uninsured coverage or filing a lawsuit against the negligent party.
Where Do Truck Accidents Occur in West Virginia
Truck accidents are a serious concern on West Virginia roads, and there are specific areas where these accidents are more likely to occur.
Here are four key roads where truck accidents are prevalent in the state:
- Interstate 79 (I-79): Running north-south through the heart of West Virginia, I-79 sees heavy truck traffic transporting goods between major cities. The combination of steep grades, sharp curves, and heavy congestion can lead to dangerous situations for both truck drivers and other motorists.
- Interstate 64 (I-64): As a major east-west route, I-64 is another hotspot for truck accidents in West Virginia. The highway’s proximity to industrial areas and its role in connecting the state to neighboring states make it a common location for trucking incidents.
- US Route 50: Known for its winding path through the Appalachian Mountains, US Route 50 poses challenges for truck drivers navigating tight curves and mountainous terrain. The road’s scenic beauty belies the risks that can arise from large trucks sharing the route with smaller vehicles.
- US Route 19: Running north-south through West Virginia, US Route 19 presents truck drivers with a mix of urban and rural driving conditions. Distracted driving, reckless driving, and overspeeding are common causes of crashes on US Route 19.
West Virginia Truck Accident Attorney
If you’ve sustained an accident in a truck crash, our West Virginia Truck Accident Attorney can help pursue compensation for your losses. From investigation to negotiating with insurers, our truck accident attorneys are ready to protect your rights every step of the way.
We can represent injured victims in the following crashes:
- Jackknife Accidents: When a truck’s cab and trailer fold at an acute angle, resembling a partially opened jackknife. These accidents often result from sudden braking or poor road conditions.
- Underride Accidents: These occur when a smaller vehicle slides under the body of a truck, leading to devastating injuries or fatalities due to the height disparity between the two vehicles.
- Rollover Accidents: Trucks are prone to tipping over due to their high center of gravity. Rollover accidents can result from speeding, abrupt turns, or improperly loaded cargo.
- Blind Spot Accidents: Large trucks have significant blind spots where smaller vehicles can disappear from the driver’s view. These accidents occur when vehicles change lanes or turn without seeing nearby traffic.
- Rear-end Collisions: These accidents happen when a truck crashes into the back of another vehicle. Due to their size and weight, trucks can cause severe damage and injuries in rear-end collisions.
Our truck accident lawyers can also represent you if you sustain different types of injuries, including:
- Traumatic brain injuries
- Whiplash injuries
- Chest injuries
- Back injuries
- Spinal cord injuries
- Burns
- Lacerations and cuts
- Broken bones
- Amputated limbs
Fighting the Insurance Company
Although you’re entitled to compensation for your losses, you’re likely to face resistance from the insurer of the negligent party. Many insurance adjusters work to minimize the financial liability of their employers.
An insurer may, therefore, reject your insurance claim or make a low settlement offer. You’re also likely to face the defense attorney of the insurer, who can pressure you into accepting a settlement offer that doesn’t match your losses.
Here’s how our truck accident lawyers can help you face the insurer:
Establishing the Value of Damages
An insurer may try to downplay the extent of your injuries and losses to reduce the amount they have to pay. It is therefore necessary to have our skilled truck accident attorney on your side who can accurately assess the full scope of your damages.
They will use evidence to prove these losses and fight for deserved compensation.
Negotiating with Insurers
Insurers may use various tactics to delay or deny your claim, hoping you will settle for less than you deserve. Our truck accident attorneys will evaluate all offers compared to your losses and advise whether to accept or push for a better deal.
They will use their negotiation skills and evidence of your losses to push for a higher settlement value.
Representing You in Court
Our truck accident attorney can represent you in court if you can’t reach an agreement with an insurer. Litigation may be necessary to pursue the compensation you deserve, especially if the insurer refuses to offer a reasonable settlement.
Our truck accident attorney will advocate for your rights, present evidence, and argue your case before a judge and jury. Having our experienced truck accident attorney by your side can increase your chances of obtaining a favorable outcome in court.
What to Do After a Truck Accident
Although being injured in a truck accident is an overwhelming experience, your actions after the crash can enhance your wellness and protect your legal rights.
Here’s what to do after a truck accident:
Seek Immediate Medical Attention
You should seek immediate medical attention even if you feel fine after a truck crash. Symptoms of some injuries, like internal injuries, are not immediately apparent after the crash. A healthcare provider can reveal hidden injuries and initiate a treatment plan.
An evaluation by a healthcare provider will also generate medical records, which you can use to support your claim.
Consult Our Truck Accident Lawyer
You should also speak with a legal professional after sustaining an injury in a truck accident. Our truck accident lawyers will evaluate the circumstances of the crash and determine if you have a claim against the at-fault party.
All legal claims, including truck accident lawyers, must adhere to the legal timelines. For example, the West Virginia personal injury statute of limitations requires injured victims to initiate a lawsuit within two years after the accident.
You can lose your right to compensation if you initiate a lawsuit beyond the two-year deadline. Our truck accident lawyers understand the applicable deadlines in your case and will initiate a timely claim so you don’t lose your right to compensation.
Don’t Face the Aftermath of a Truck Accident Alone
Jeffery Robinette, West Virginia Truck Accident Lawyer
You’re likely to experience worsening physical and mental health after a truck accident. As a result, you may have to dig deeper into your pockets to cater to the mounting medical bills. An injury can also prevent you from participating in your favorite activities, affecting your quality of life.
Our truck accident attorneys at Robinette Legal Group, PLLC, understand the impact of injury-related losses and are ready to fight for the deserved compensation. We will face insurers confidently and work tirelessly for a settlement that matches your losses.
Contact us online or at (304) 594-1800 for a free case evaluation.
Call us today to find out how we can help you.
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