West Virginia Truck Accident Attorney

What Damages Can a Commercial Truck Accident Lawyer Seek for Me?

When you work with a West Virginia truck accident attorney from one of our co-counsels, they will take the necessary steps to seek and secure compensation for you based on your injuries, expenses, and losses. Each case is different, and your payout could differ significantly from the compensation available in similar cases.

However, some of the common types of recoverable damages in West Virginia tractor-trailer accident cases include:

• Medical expenses for past and future injury management
• Lost income to date and future earnings
• Diminished earning ability for lasting injuries
• Property damage, including vehicle repair or replacement
• Pain and suffering
• Emotional distress
• Reduced quality of life

When a collision victim dies from their injuries, surviving loved ones may be able to recover certain damages through a wrongful death action. These damages could include:

• Funeral and burial expenses
• Loss of financial support
• Loss of services
• Mental anguish
• Loss of love, affection, and guidance

Our co-counsels represent families of truck accident victims in West Virginia in wrongful death cases. You may qualify to pursue and recover compensation based on your loved one’s accident, death, and related losses.

Our Team Builds Strategic Partnerships to Better Serve WV Truck Accident Victims

The Goldwater Law Firm has strategic partnerships with law firms nationwide, serving accident victims in all 50 states. This includes some of the largest and most successful attorneys nationwide, including in West Virginia. We are an award-winning firm with a reputation for recovering compensation for our clients.

Working with our law firm partners, we have an extensive network of experts—medical, economic, and in the trucking industry—we can call on to support these cases. Our co-counsels may rely on expert testimony from trucking industry leaders, accident reconstruction specialists, medical specialists, and others to support your case.

When you work with a West Virginia commercial truck accident lawyer from one of our law firm partners, you will not need to pay upfront fees or costs. They work based on contingency. There are no retainers to pay or hourly charges.

Your 18-Wheeler Truck Accident Lawyer Will Determine the Cause of Your West Virginia Injury Crash

Commercial truck drivers require extensive training and monitoring to ensure they follow all regulations set by state and federal agencies. However, issues still occur. Like other drivers, truckers can make mistakes behind the wheel and cause collisions. Unfortunately, due to the speed and weight of these trucks, the injuries that result are often serious.

When truck accidents occur, some common causes include:

• Speeding
• Fatigue or drowsy driving
• Distracted driving
• Reckless or aggressive driving
• Poor truck or trailer maintenance
• Failure to yield the right of way
• Overloading the truck
• Improper lane changes or merging
• Tailgating
• Drunk or drugged driving
• Inadequate training or experience

Who Is Liable for My West Virginia Truck Accident?

Even when the truck driver’s negligence caused a crash, they are frequently not the only liable party in these claims or lawsuits. Many West Virginia truck accident cases fall under the doctrine of respondeat superior, which holds the trucking company accountable.

Respondeat superior holds an employer responsible for the actions of negligent employees when the employee’s actions occur within the scope of their job. An employer can be liable for the employee’s negligent or wrongful acts if you can prove they happened while the employee performed job-related duties.

When a commercial truck driver is behind the wheel of their big rig, they are working within the scope of their job. Under this condition, truck accident lawyers can often hold the trucking company legally responsible for the truck driver’s negligence crash.

Additionally, there are a multitude of parties who could also be liable. From manufacturers to cargo loaders, your attorney will investigate the cause of your accident and file claims with each insurer.

A West Virginia 18-Wheeler Truck Accident Lawyer Understands That Your Injuries and Medical Care Must Take Priority

When you hire a West Virginia 18-wheeler truck accident lawyer from one of our co-counsels, they will handle your truck accident case while you focus on treatment, healing, and recovery. They understand how serious truck accident injuries can be.

Some truck accident victims receive treatment and care for such catastrophic injuries as:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Broken bones and fractures
• Internal injuries, such as organ damage and internal bleeding
• Amputations
• Severe burns
• Chest and rib injuries
• Whiplash and other neck injuries
• Psychological trauma because of serious physical injuries

West Virginia has Level I or Level II trauma facilities in Charleston, Morgantown, and Huntington. These include:

• Charleston Area Medical Center (CAMC)
• West Virginia University Medicine
• St. Mary’s Medical Center
• Cabell Huntington Hospital

These facilities have the staff and resources to manage advanced cases and the most severe traumatic injuries. Truck accident victims from across the state may be taken to one of these hospitals via ambulance or medevac helicopter for initial treatment or transferred from another facility after stabilization of any life-threatening injuries.

These hospitals often provide inpatient rehabilitation and outpatient therapies as well. Those with long-term or lasting injuries could require extensive therapies and rehabilitation to regain independence and mobility and other losses.

How Does a West Virginia Truck Accident Lawyer Preserve Key Evidence?

When a tractor-trailer truck collides with another vehicle, the crash creates a lot of evidence that could support a claim against the trucking company. Much of this evidence exists because of the stringent regulations set by federal and state agencies that oversee the trucking industry.

Often, the trucking company is the liable party in these cases. Ironically, they also possess the evidence to show what occurred and hold them legally responsible. Due to this situation, a West Virginia personal injury attorney from our law firm partner must take quick action to protect and preserve this evidence after a commercial vehicle crash.

This is typically done through a spoliation letter. This legal document informs the trucking company about the case and demands they preserve all related evidence or face legal consequences if there is a lawsuit.

Evidence the trucking company may need to preserve includes:

• Any accident reports compiled by the company
• The driver’s logbook or electronic logging device data that records rest breaks
• Truck maintenance and inspection records
• Dashcam footage, if available
• Documents related to the cargo
• GPS data and route information
• The driver’s training and employment records
• Truck black box data (from the event data recorder)
• Photos of the truck and trailer and any damage to it
• Driver post-accident drug and alcohol test results

Other evidence a lawyer from our co-counsel may use to document negligence and show liability in these truck accident claims include:

• The crash report filed by responding officers
• Relevant medical records
• Eyewitness interviews
• Accident scene survey
• Accident reconstruction
• Documentation of damages
• Video of the crash from nearby businesses or traffic cameras

How Soon Do I Need a West Virginia Truck Accident Lawyer on My Side?

The sooner you have a West Virginia truck collision attorney from one of our law firm partners handling your case, the better. Your attorney will preserve evidence, protect your rights, and manage your claims with the insurance companies while you heal. Their representation could prevent you from accepting a lowball settlement and help you recover compensation that more accurately reflects the value of your losses.

However, there is a two-year time limit to file a personal injury lawsuit in most accident cases in West Virginia under W. Va. Code § 55-2-12. As long as you have an accident lawyer handling your case well in advance of this deadline, they will ensure you do not miss it. Letting the statute of limitations expire could jeopardize your ability to recover compensation in the case.