A commercial truck accident is one of the most serious types of collisions. In West Virginia and throughout the United States, truck accidents often result in catastrophic injuries, permanent loss of quality of life, and even death. Commercial truck accidents can be complex because they may involve several different at-fault parties. The causes of truck accidents range from distracted driving to poorly maintained vehicles.
Consult With Fayetteville Truck Accident Lawyers Today
If you or your loved one have been injured in a Fayetteville truck accident, you may be entitled to compensation for your damages. At Hewitt & Salvatore PLLC, our goal is to help Fayetteville truck accident victims make the best decision possible for their cases. We don’t charge clients legal fees until we obtain compensation for that. Contact our Fayettteville personal injury attorney today to schedule your free initial consultation.
Common Causes of Truck Accidents in West Virginia
As with other types of automobile accidents, many truck accidents are caused by driver error or negligence. In West Virginia, many of the major roads and highways are filled with logging and mining trucks. Whether it’s a semi-truck, a coal truck, or a delivery truck, these types of heavy vehicles can cause devastating injuries when they’re involved in a roadway accident. We will discuss some of the common causes of commercial truck accidents in West Virginia below.
Failure to use reasonable care when operating a commercial truck is negligent behavior. Under West Virginia law, victims of truck accidents have a legal right to hold negligent truck drivers accountable for the injuries they cause. When a truck driver’s negligent actions or inaction cause a devastating accident, the victim can pursue compensation through a personal injury lawsuit.
Driving a Truck While Fatigued, Intoxicated, Or On Stimulants
There are many different types of negligent behaviors that cause truck accidents. Truck drivers are expected to drive for hours at a time, and many truck drivers don’t take the required breaks under federal and local laws. The sooner the driver can meet his or her deadline, the sooner the driver will be paid. Unfortunately, many drivers choose to take uppers or other stimulants to try to stay awake for longer. When truck drivers are fatigued, overstimulated, or intoxicated, they are more likely to cause an accident.
Mechanical failures or vehicle malfunctions cause some accidents. Brake problems, engine problems, and mechanical failure can cause a truck driver to lose control of the vehicle. Determining the cause of the accident is a critical part of recovering compensation. At Hewitt & Salvatore PLLC, we know how to investigate the causes of truck accidents thoroughly.
If we find evidence that a defective mechanical part caused the accident, you may be able to bring a lawsuit against the manufacturing or distribution company. Alternatively, suppose we discover that the trucking company failed to maintain the vehicle, causing the accident properly. In that case, you may have a valid case against the trucking company or maintenance company involved.
Improper Cargo Loading
West Virginia truck accidents frequently occur when drivers fail to load and distribute cargo safely on their trucks. Large trucking companies typically have crews teams that load and unload cargo from semi-trucks. When a driver or crew member doesn’t have enough training to load the freight properly, the driver and everyone else on the road will be at risk. When the weight of the cargo isn’t distributed correctly, the cargo can shift and cause the truck to flip over or make it difficult for the driver to maneuver the truck, causing an accident safely.
Reckless or Aggressive Driving
Reckless driving is dangerous in any vehicle, but it is hazardous in a large commercial vehicle. Speeding, changing lanes too quickly, tailgating, and cutting off other drivers are all reckless behaviors that can cause devastating truck accidents. An experienced truck accident lawyer will be able to determine whether the truck driver’s reckless or aggressive driving caused your accident. If a truck driver engaged in willful and wanton behavior that caused the accident, you might be entitled to additional punitive damages.
Holding the Trucking Company Accountable
Large commercial vehicles are more difficult to operate than passenger vehicles, requiring more licensing and training. Large trucks can be challenging to maneuver in the best of conditions, even for experienced drivers. When a trucking company fails to train drivers properly, the victim may hold the trucking company liable for damages. Failure to train drivers properly or look into an applicant’s driving history before hiring him or her can constitute negligence.
Trucking companies have more resources than drivers, so pursuing a claim against the trucking company itself can be a beneficial way to obtain the compensation you deserve. Additionally, most trucking companies carry more significant insurance policies than other drivers. When the trucking company’s employee’s negligence caused the accident, the victim has a right to seek compensation through the company’s insurance policy.
In West Virginia, successful plaintiffs in personal injury lawsuits are entitled to several different types of damages. Plaintiffs are entitled to economic damages for the medical expenses they’ve incurred, and medical expenses will have in the future, as well as compensation for lost income and property damage. Additionally, plaintiffs can recover non-economic damages for the pain and suffering, disfigurement, and disability caused by the truck accident.
Contact Our Expert Fayetteville Truck Accident Attorneys Today!
If you’ve been injured in a traffic accident, one of the best things you can do is discuss your case with a lawyer as soon as possible. You only have a short time frame during which to file a personal injury lawsuit. When you work with Hewitt & Salvatore PLLC, you can rest assured that we will use our resources and experience to advocate strongly for your right to compensation. We offer free initial consultations to new clients so they can discuss their cases in a pressure-free environment. Contact us today to schedule your free consultation to discuss your case with an experienced personal injury lawyer.