Charleston Truck Accident Lawyer
Tractor-trailers and other big rigs are common sights on West Virginia roads, and people should be aware that large trucks can often be a major cause of serious accidents because their sheer size often crushes smaller passenger vehicles in collisions. Any person who suffers injuries or loses a loved one in a crash involving a large truck will want to take immediate steps to contact an experienced Charleston truck accident attorney for help holding the negligent party fully accountable.
The most recent Large Truck and Bus Crash Facts (LTBCF) report from the Federal Motor Carrier Safety Administration (FMCSA) reports 43 fatalities in crashes involving large trucks, one year after 52 fatalities and two years after 55 fatalities. The National Safety Council (NSC) also reports that large trucks account for 9.2 percent of traffic fatalities in West Virginia.
West Virginia Truck Accident Liability
The first thing most truck accident victims will want to know following their crash is exactly who is going to be paying for all of the costs relating to their care and recovery. Large truck accidents can be complex because it is possible that multiple parties can actually be liable and may share certain degrees of responsibility for an accident.
The prime suspect in most cases will be the actual truck drivers themselves because most people believe it was some kind of negligent behavior by the driver that makes them responsible. While this can often be true, truck drivers may not always represent the best targets of civil actions because many drivers simply do not have the personal wealth or assets necessary to satisfy judgments in large truck accident cases.
Some of the other potentially liable parties may include:
- Truck owners – Considering how many federal regulations apply to the inspection and maintenance of trucks, truck owners can be a common kind of liable party when they do not adequately care for their vehicles. A truck owner may bear responsibility, for example, when a blown tire causes a truck accident. Assorted other instances of improper maintenance can make owners of trucks liable.
- Companies responsible for hiring truck drivers – When a truck driver clearly did not have adequate experience or was otherwise violating federal trucking laws, then it is possible that whoever made the hiring decision relating to that truck driver can become liable for putting a dangerous person behind the wheel of a large truck. Trucking companies themselves may be in charge of hiring, although some companies outsource hiring to third parties.
- Loading companies handling trucking cargo – When a company that was responsible for loading cargo on a commercial truck does not take the necessary steps to ensure the cargo is secured correctly, it can potentially lead to lead to all kinds of accidents. Cargo may fall off trucks, or a loose load can cause a truck driver to lose control of their vehicle.
- Truck part manufacturers – It is not uncommon for a truck accident to stem from some kind of faulty or defective part, and the company that was responsible for creating that part can then become liable. Defective parts may be found on both new trucks and older ones that are using parts with later installation.
- Maintenance companies or mechanics – Truck owners will rely on certain mechanics or companies to care for their vehicles, and the parties that fail to perform necessary maintenance or do not fulfill their obligations can, in turn, be accountable for causing certain accidents.
- Governmental entities responsible for maintaining roads – When a truck accident stems from some kind of dangerous or hazardous road condition, then a victim can have a claim against a state or local governmental agency that was responsible for maintaining the road and making it safe for all users.
Types of Truck Accidents
Large trucks can be involved in a wide variety of possible accidents, so people should never assume that there is nothing unique about their case. There are always different characteristics to every crash, so a complete investigation becomes necessary.
An incredibly common type of truck accident is the rollover crash, in which a large truck overturns. Other vehicles can be crushed underneath trucks or end up colliding with the rolled-over truck.
The National Center for Biotechnology Information (NCBI) reports that the Large Truck Crash Causation Study from FMCSA described 239 crashes in which a truck rolled over, and almost half were the result of a truck driver failing to adjust speed to curves in the road, the loads the trucks are carrying, the condition of brakes, road surface, and intersection conditions. All of these causes involve multiple possible liable parties.
Other common kinds of truck accidents include, but are not limited to:
- Jackknife accidents
- Override accidents
- Underride accident
- Left or right-turn accidents
- Tire blowout accidents
- Trailer accidents
- Lane change or merging accidents
- Rear-end collisions
- Head-on collisions
- Side impact or T-bone collisions
- Sideswipe accidents
- Wide turn accidents
- Blindspot accidents
- Intersection accidents
- Hazardous material spills
- Work zone or highway construction crashes
- Multiple-vehicle accidents
- Brake failure accidents
- Lost cargo accidents
Common Causes of Truck Accidents
When it comes to determining the actual cause of a truck accident, it is not uncommon for truck driver fatigue to be a common cause. FMCSA Hours of Service regulations dictate that property-carrying truck drivers can drive up to 11 hours following 10 consecutive hours off duty, cannot drive beyond the 14th consecutive hour after they come on duty following a period of 10 consecutive hours off duty, and must take a 30-minute break once they have driven for a period of eight cumulative hours.
The limits are even stricter for truck drivers who are carrying passengers. Other possible causes of truck accidents can include, but are not limited to:
- Improper lane changes or turns
- Truck defects
- Tire blowouts
- Inclement weather conditions
- Driving under the influence (DUI) of alcohol, controlled substances, or drugs
- Distracted driving
- Reckless or aggressive driving
- Speeding
- Running stop signs or stoplights
- Failure to yield the right-of-way
- Improper training
- Lack of proper safety equipment
- Tailgating
- Potholes or other dangerous road conditions
Truck Accident Injuries
The size of large trucks again means that most collisions with other passenger vehicles have the potential to cause serious injuries to all occupants of the smaller cars. Injuries can vary depending on several factors.
A very common kind of injury can always be fractures or broken bones because the force of a collision has the potential to cause such injuries. While some fractures or broken bones may heal in a matter of weeks, more serious injuries such as broken tibias or femurs can involve much lengthier periods of recovery.
Some of the other injuries stemming from truck accidents can include, but are not limited to:
- Spinal cord injuries
- Paralysis
- Traumatic brain injuries (TBIs)
- Concussions
- Closed head injuries
- Skull fractures
- Lacerations
- Contusions
- Sprains and strains
- Herniated discs
- Joint damage
- Permanent nerve injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Internal injuries
- Amputations
- Burn injuries
- Whiplash
A large truck accident also greatly increases the likelihood of a victim dying from their injuries, and families have the right to file wrongful death claims in these cases. West Virginia Code § 55-7-5 provides the course of action for wrongful death claims in cases involving death by the wrongful act, neglect, or default of another party.
Under West Virginia Code § 55-7-6, the personal representative of a deceased person, or the executor of the estate, is the party that can file a wrongful death action. A wrongful death claim is very different from a criminal homicide case because a criminal trial requires a prosecutor to prove a defendant’s guilt beyond a reasonable doubt, while a civil wrongful death action only requires proof of a party’s negligence by a preponderance of the evidence, a much lower standard.
Damages in Truck Accident Cases
When a victim in a truck accident case takes their case all the way to trial, they can receive an award known as compensatory damages. Such damages typically involve economic damages and non-economic damages, with economic damages being actual financial losses, while non-economic damages are far more subjective losses.
The most common kind of economic damages is usually medical bills because many people will be dealing with all kinds of expenses relating to their personal care following a truck accident. When you work with a personal injury lawyer, they can also calculate the estimated costs of your future care, which may be unknown to you.
Other economic damages can include:
- Property damage
- Lost wages
- Rehabilitation expenses
- Costs of long-term care
- Physical therapy costs
Basic pain and suffering is a very common kind of non-economic damage because most victims are experiencing some type of pain and suffering in dealing with their injuries. Other common kinds of non-economic damages may include:
ollisions. Any person who suffers injuries or loses a loved one in a crash involving a large truck will want to take immediate steps to contact an experienced Charleston truck accident attorney for help holding the negligent party fully accountable.
The most recent Large Truck and Bus Crash Facts (LTBCF) report from the Federal Motor Carrier Safety Administration (FMCSA) reports 43 fatalities in crashes involving large trucks, one year after 52 fatalities and two years after 55 fatalities. The National Safety Council (NSC) also reports that large trucks account for 9.2 percent of traffic fatalities in West Virginia.