Thousands of trucking accidents occur in the United States every year. People injured in truck crashes often struggle with pain from their injuries, reduced ability to enjoy life, mounting medical bills, and lost 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 from The Miley Legal Group can help you reach a successful outcome in your truck accident claim.
Common Types of Truck Accidents
Truck drivers often experience different types of accidents.
Some of the most common include the following:
- Jackknife—When a truck driver brakes suddenly, the truck may skid and fold at a 90-degree angle. The trailer’s weight 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 turning 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 along the truck’s right side may be crushed.
- Head-on collision—When the front ends of two vehicles traveling in opposite directions collide.
- T-bone—A T-bone 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 approaching may slide and get trapped underneath.
- Rear-end—A rear-end collision happens when a truck crashes into the vehicle in front of it.
Common Types of Injuries From Truck Accidents
Many truck accidents can result in serious injuries or even fatalities.
Examples of common injuries that truck accident victims suffer include:
- Head injuries and traumatic brain injuries
- Spinal cord injuries
- Neck injuries
- 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 essential to hire an experienced truck accident lawyer to help you navigate through complex legal issues. However, knowing a few critical points regarding personal injury law in a West Virginia trucking accident is vital.
West Virginia employs a modified comparative fault standard. This means you can recover damages even if you were partially at fault for the accident. Our competent truck accident 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 truck accident settlement. These damages are intended to compensate you for your medical bills, other losses, and 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 West Virginia statute of limitations for personal injury claims, 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 against the trucking company within this period, you may lose your right to seek compensation.
Truck drivers in West Virginia are required by law to carry specific 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 Truck Accident Claim
As a truck accident victim, it can be difficult to know what to do after an accident. However, there are specific steps you can take immediately after a crash to help strengthen your case.
Be sure to:
- Report the accident. Call the police and file an accident report. In addition, report the accident to your insurance company.
- Seek immediate 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 evidence at the scene. Take pictures, write down notes, take witness statements, and exchange information with the truck driver.
- Hire a reputable truck accident attorney. After the crash, 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 an experienced 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 trucking companies and insurance providers do 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 truck accident claim. A skilled lawyer will have the requisite legal skills and experience and be committed to acting in your best interest.
Contact us today at The Miley Legal Group to schedule your free consultation.