Charleston WV Trucking Accident Attorney
Semi trucks, tractor-trailers, 18-wheelers, big rigs and other commercial vehicles are many times larger than every other motor vehicle on the road. Sharing the road with large vehicles presents a significant danger to other motorists, especially if the driver is inattentive or if there have not been proper safety checks completed on the vehicle. When a crash occurs, be sure to contact a trucking accident attorney for help.
If you or a loved one has been seriously injured in a trucking collision, you can turn to the truck accident lawyers at Hill, Peterson, Carper, Bee & Deitzler, PLLC, for help. We advocate for people who have been involved in highway trucking accidents. We serve clients throughout West Virginia from our Charleston office.
Common Causes Of Trucking Accidents
Several reasons can cause truck accidents in Charleston and throughout the state, including:
- Inattentive and negligent drivers
- Drinking and driving, drug use or fatigue
- Failure to follow safety protocols
- Brake failure
- Tire blows
Truck drivers are usually paid by the mile, so they are often overworked, fatigued and pushed to the limit. They may be encouraged to lie in their driving hour logs. When accidents occur, the defense attorneys working for the trucking company will scrutinize every detail to build a case against you. This makes working with an experienced trucking accident attorney all the more essential.
When we represent our motor vehicle accident clients, we are aggressive, persistent and work diligently to reach the best possible result. We gather detailed evidence and look at all the facts of the situation. From working with accident reconstruction specialists to examining details on the truck’s “black box,” we use all available resources to make your claim as strong as possible.
What Injuries Happen In Trucking Accidents?
Because commercial trucks are so much larger than cars, the injuries that result from trucking accidents are almost always severe. These can include:
- Injuries to the spinal cord, including full and partial paralysis
- Organ damage and internal hemorrhaging
- Lacerations, contusions and extensive soft tissue injuries
- Traumatic brain injuries (TBIs)
- Broken bones
In addition to these injuries, survivors of truck accidents frequently grapple with post-traumatic stress disorder (PTSD), anxiety, depression and other psychological conditions. Insurance settlements often cover treatment for these as well.
It’s Important To Act Quickly After A Truck Accident With The Help Of A Trucking Accident Attorney
Unlike typical car accidents, there may be a variety of formidable parties at fault in a truck accident. From the trucker to the trucking company and their insurance company, everybody will take quick action to deny fault and cover up any evidence that may hurt their case (and help yours).
That is why, after you are involved in a truck accident, you should take swift action to be sure all evidence is obtained. By beginning to build your case early, you can ensure you are in the best position to move forward and secure the compensation that you need to make a full recovery.
Who A Trucking Accident Attorney Can Help You Sue
Unlike car crashes, trucking accidents often involve multiple overlapping insurance claims. Because truck drivers are operating their vehicles in an official capacity on behalf of a company, various corporate entities come into play. Liability for an accident can lie with:
- The truck company
- Manufacturers of a faulty truck part
- Mechanics who performed improper maintenance
- A third-party company whose load was being hauled
- The truck driver’s personal insurance policy
Making claims against more than one of these parties is common in truck accidents. Our truck accident lawyers will do everything they can to untangle the complex legal web surrounding your accident and make sure that the people responsible do not escape without paying.
Recent Truck Accident Statistics In West Virginia
The number of truck accidents is grim. Fatal accidents involving trucks have been rising steadily since 2009. In 2017, more than 4,100 people died in truck crashes, an increase of 40% in the last 10 years.
West Virginia is more dangerous than most other states when it comes to trucks, likely because of our winding roads and the sheer volume of truck traffic from mining, logging, and oil and gas activity. While the national average number of fatalities per 100,000 miles of driving is 10.3, in West Virginia, it is more than 40% higher: 14.7. Of these fatalities, only 30% were wearing seat belts.
Our Convenient Trucking Accident FAQ | Answers From A Trucking Accident Attorney
Truck accident cases are notoriously complex. We are here to offer a steady hand. Below are some of our answers to common trucking accident questions.
How are trucking accidents investigated?
Fortunately, we have many ways of investigating trucking accidents. Our lawyers take the time to thoroughly investigate truck accidents to determine the cause and liability. We will look into the following issues:
ELD/Hours-Of-Service Compliance
Electronic logging device (ELD) data is examined to check for hours-of-service violations. This data will show whether the driver skipped rest breaks, was tired and/or entered false driver logbook entries. These can all be signs of negligence by the driver and the trucking company, if it pressured the driver to make these decisions. We will use the ELD data to build a case by identifying who is liable for your accident and injuries.
ECM/ELD/Black Box And Telemetrics
The engine control module (ECM) and/or Event Data Recorder (EDR) — both often referred to as a “black box”– data will also be reviewed by our legal team to determine whether the driver was negligent. The event data recorder includes information we can use to reconstruct the events that led up to the accident. This can be events such as hard braking, acceleration, speeding, swerving, throttle position, diagnostic trouble codes/engine or component failures, engine stress and more.
This type of data allows us to see why and how the accident happened. It also provides evidence that can counter any claims that you were at fault instead of the truck driver or trucking company. Having hard evidence is crucial for making a solid case for compensation.
Additional Information We Gather
There are other types of evidence we will look for during our investigation into your accident, such as:
- Records of truck maintenance and inspections
- Cargo loading information and weight tickets
- Dashboard camera video
- Compliance with Department of Transportation/Federal Motor Carrier Safety Administration (FMCSA) rules and regulations
- Alcohol or drug test results
We will also investigate the trucking company’s hiring practices and safety record to see if there is a pattern of negligence.
When is it too late to sue for compensation?
You have two years from the day of the accident to file a lawsuit. The sooner you act, the stronger the evidence and your case will be.
Who would someone injured in an 18-wheeler accident sue?
These types of crashes typically involve massive damage to your vehicle and can result in serious to catastrophic injuries. Expenses of this magnitude tend to be beyond what a person can cover on their own. You may have to sue not to go bankrupt while covering costs. Additionally, you should not have to pay for damage done by someone else. Suing can help bring justice to wrongfully injured parties and ensure the negligent party is forced to stop their negligent activity – which could spare someone else from being in an accident like this one.
Who is responsible for compensation – the trucking company or the truck driver?
The trucking company is usually at fault. They must train their drivers on how to drive their trucks and train technicians on how to care for them. If the accident was due to an issue with the truck or a driver not being trained properly, then the company may be the one facing a lawsuit. Additionally, the company insures the drivers and is responsible for hiring good drivers.
However, if the driver was drinking while driving or was negligent, you may be able to press additional charges against the truck driver.
When do most fatal crashes occur?
Fatal crashes occur during high-traffic times of day when trucks and cars get up to high speeds and then unexpectedly have to slam on the brakes or swerve. Conversely, fatal accidents also happen at night when people on the road are tired, driving under the influence or speeding because fewer cars are on the road.
Where is a truck’s “no zone” or “blind spot?”
Blind spots tend to be 20 feet in front of a truck and 30 feet behind it. To the left of the driver’s seat is a one to two-car length blind spot right next to the truck. The right side of the truck is the most dangerous area to be in – the driver cannot see right out that window, and their view is blocked out over two lanes of traffic and about four car lengths back. This means the truck driver cannot see you on the right side of the truck, even if you are a full car length behind the truck, where many drivers may assume they are safe. If you can’t see the driver of the truck, they cannot see you.
How much is my truck accident case worth?
Every case is different and it is difficult to say for sure how much your case is worth. What we can say is that our attorneys will fight for full compensation for all of your expenses, including:
- Medical treatment and rehabilitation
- Property damage
- Lost wages and earning potential
- Pain and suffering
Truck accidents are often more disastrous than typical car accidents, resulting in significant damage. You can rest assured that our firm will work to recover every penny of these costs.
How are truck accidents caused?
Truck drivers and trucking companies, unlike typical car drivers, must follow a range of state and federal regulations. However, due to both driver and employer negligence, accidents often occur due to:
- Texting and driving
- Drunk driving
- Drowsy driving
- Speeding
- Design or manufacturing issues
- Inexperienced drivers
There may be several parties at fault for your accident. Due to the complexity of these cases, it is always best to consult a truck accident attorney as soon as possible.
Why do I need a trucking accident attorney?
It may be tempting to accept a settlement offer from the driver or the trucking company’s insurance provider. However, none of these other parties have your best interests at heart and will always try to get you to accept as little as possible for your injuries.
A trucking accident attorney experienced in such cases will be able to thoroughly assess your accident and pursue compensation from all parties involved.
How long does a truck accident case take?
Every truck accident is unique, and it is impossible to say how long any given case will take. Additionally, if the other party is combative or the case is particularly complex, your case may take longer. Depending on your accident, your claim may take months or years to resolve. Our attorneys work tirelessly to resolve all our clients’ cases as quickly as possible, while fighting for maximum compensation for their injuries.
Contact A Hill, Peterson, Carper, Bee & Deitzler, PLLC, Trucking Accident Attorney After A Crash
Accidents with large trucks and other commercial vehicles are typically very serious and may cause catastrophic or fatal injuries. If you have been injured or lost a family member in a truck accident, we can help you seek the damages you need for medical bills, lost wages, pain and suffering, the loss of your car and more.
Working with an experienced trucking accident lawyer is important because the trucking company’s insurer will deny fault for the accident. We know how to push back and prove that they are responsible for the accident.
Whether the fault lies with the driver, the trucking company, a negligent manufacturer or some combination of these parties, we have the skill and reputation to get justice for you and your family. Let’s talk today about how we can help you after a trucking accident.
At Hill, Peterson, Carper, Bee & Deitzler, PLLC, we do not charge for initial consultations. Please contact our team of trucking accident attorneys to schedule an appointment by calling us at 304-205-1810 or sending us an email.