Clarksburg Morgantown Truck Accident Lawyer
Even though the operators of tractor-trailers and other commercial trucks are required to obtain special licenses, this does not mean that they do not have the same obligations to drive in a safe manner as all other motorists. If a truck driver is at fault for an accident, they carry legal liability towards any people who may have been injured. In addition, if that driver is an employee of a trucking company, that company likely also shares some degree of liability.
A Clarksburg truck accident lawyer could help if you are injured in a commercial truck accident. With a steadfast personal injury attorney by your side, you may be able to hold at-fault drivers and their parent companies responsible for your losses, including the costs of medical bills, any lost earnings, and any mental anguish endured as a result of the wreck.
Proving Fault in a Truck Accident
Truckers have the same obligations to follow the rules of the road as all other motorists. Accordingly, they must follow all traffic signals, yield to oncoming traffic, and refrain from driving while distracted much like any other driver. Any truck driver who causes an accident because of a failure to follow these rules of the road may bear legal liability for that accident.
More specifically, truck drivers who cause accidents due to carelessness may be found legally negligent. Negligence is a legal cause of action that entails a liable party violating the duty of care that they owe to other people and directly causing an injurious accident as a result.
In cases involving truck accidents, though, a truck driver’s employer may also share blame. Because of a legal concept known as agency, most employers share legal liability for any actions their employees undertake while on the clock. A Clarksburg truck accident attorney could help an accident victim identify all possible defendants and gather whatever evidence is needed to prove their claim.
The Importance of Filing on Time
Regardless of the identity of the defendant, a potential plaintiff has only a limited time to pursue a truck accident case. West Virginia Code §55-2-12 codifies the state’s statute of limitations for personal injury cases. It states that any personal injury case must be in court within two years of the date of the injury, so potential plaintiffs must move swiftly to protect their rights.
Potential Damages in a Truck Accident Claim
All truck accident claims—and indeed, all personal injury claims—must center around a physical injury. While truck accidents tend to inflict severe, life-changing injuries upon their victims, even relatively minor injuries may serve as the basis for a claim so long as they require medical attention to treat. Either way, a claim should demand payment to cover the costs of all treatment needed for these injuries.
However, a complete claim should also demand restitution for other, less obvious losses. For example, a truck accident victim may miss significant time at work, either immediately following the accident or in the future, while they recover from their injuries. As long as the plaintiff can tie this loss of income to their injuries, the at-fault parties may be held liable for compensating them for it.
Plaintiffs may also be able to claim emotional damages for physical pain associated with an injury, as well as other losses of enjoyment of life. An experienced truck wreck lawyer in Clarksburg could help calculate a plaintiff’s compensable losses following an accident in order to demand appropriate compensation.