Thousands of trucking accidents occur in the United States every year. Oftentimes, people who have been injured in truck crashes struggle with pain from their injuries, reduced ability to enjoy life, mounting medical bills, and loss of wages. Fortunately, if you have been injured due to another person’s negligence, you can seek compensation for your losses. An experienced West Virginia truck accident lawyer can help you reach a successful outcome.
Common Types of Truck Accidents
There are many different types of truck accidents. Some of the most common are:
- Jackknife: When a truck driver brakes suddenly, the truck may skid and fold at a 90-degree angle. The weight of the trailer may push it forward or cause it to break away from the cabin.
- Tire blowout: A tire burst can cause the driver to lose control, leading to a crash.
- Rollover: This happens when the driver loses control when navigating a turn or curve or making sudden adjustments to steering to avoid hitting another vehicle or an object.
- Blindspot: An accident can happen if a truck driver cannot see adjacent vehicles when making a turn or changing lanes.
- Wide turn: When a driver attempts to make a wide right turn to accommodate the length of the truck and trailer, vehicles that come along the right side of the truck may be crushed.
- Head-on collision: This is when the front ends of two vehicles traveling in opposite directions collide.
- T-bone: This type of accident often happens when the truck driver drives through a red light and crashes perpendicularly into another vehicle.
- Lost load: Unbalanced or poorly secured loads can fall off, posing great danger to other road users.
- Underride: When a truck comes to a sudden stop, smaller vehicles that are approaching may slide and get trapped underneath.
- Rear-end: This happens when a truck crashes into the vehicle in front of it.
Common Types of Injuries From Truck Accidents
The various types of truck accidents can result in injuries or even fatalities. Examples of common injuries that victims suffer include:
- Head and brain injuries
- Spinal cord injuries
- Neck and back injuries
- Dislocated, broken, or fractured bones
- Severe lacerations
- Internal injuries
- Wrongful death
Personal Injury Law in West Virginia
Truck accident claims can be complicated. It is important to hire a qualified West Virginia truck accident lawyer to help you navigate through complex legal issues. However, it is important to know a few key points regarding personal injury law in car accidents and motorcycle accidents involving trucks in West Virginia.
West Virginia employs a modified comparative negligence rule. This means that you can recover damages even if you were partially at fault for the accident. Our competent lawyers will help you determine who is at fault and ensure they are held accountable.
Damages in West Virginia Truck Accidents
You can be reimbursed for economic and non-economic damages in a West Virginia truck accident settlement. These damages are intended to compensate you not only for your medical bills and other losses but also for the pain and suffering you have endured.
Where there are multiple at-fault parties, damages will be awarded depending on the level of responsibility of each of the parties. In West Virginia, if the defendant in your case is a state or local government agency, the maximum amount you can recover for non-economic damages is $500,000.
Statute of Limitations
Under the statute of limitations for personal injury claims in West Virginia, accident victims must file a lawsuit against the at-fault party within two years from the date of the crash. If you do not initiate legal action within this period, you may lose your right to seek compensation.
Drivers in West Virginia are required by law to carry certain minimum amounts of coverage:
- $25,000 liability coverage for bodily injury or death per person
- $50,000 liability coverage for two or more injuries in a crash
- $25,000 property liability damage per accident
How to Bolster Your Case
As an accident victim, there are certain steps you can take immediately after a crash to help strengthen your case. Be sure to:
- Report the accident. Call the police and file a police report. In addition, report the accident to your insurance company.
- Seek medical treatment. Visit a doctor even if you have no visible injuries and are not in pain. The doctor will perform a physical examination, administer treatment, and write a medical report.
- Collect evidence at the accident scene. Whenever possible, gather as much evidence as possible. Take pictures, write down notes, take witness statements, and exchange information with the truck driver.
- Hire a reputable WV truck accident attorney. After the crash, be sure to consult with a lawyer as soon as possible.
How a West Virginia Truck Accident Lawyer Can Help
If you have been in a truck accident, the importance of working with a truck accident attorney in West Virginia cannot be denied. A good lawyer will:
- Conduct a thorough independent investigation to help establish the facts of the case
- Offer competent legal advice and guidance to help you make informed decisions
- Negotiate with the insurance company on your behalf
- Represent you in court if your case goes to trial
- Ensure that the trucking company and/or their insurance does not take advantage of you, which will help you get fair and just compensation
- Work hard to protect your legal rights
Injured in a truck accident? Hiring a West Virginia truck accident attorney can mean the difference between the success and failure of your case. A skilled lawyer will not only have the requisite legal skills and experience but will also be committed to acting in your best interest.