The dedicated Charleston truck accident attorneys at Salango Law, PLLC, wants to help if you’ve been injured in a truck accident. These accidents can cause serious injuries and devastating destruction in their wake. You deserve to be treated respectfully and fairly compensated for the ordeal you’ve endured. Learn about your legal rights and options following a truck crash with our Huntington personal injury attorneys.
Contact us today at (304) 342-0512 to learn about your legal rights and options following a truck crash.
Common Causes of Truck Accidents
When you hire our law firm, we can investigate the accident to determine how it happened. Common causes of truck accidents in West Virginia include:
- Fatigued driving
- Speeding
- Driving under the influence of drugs or alcohol
- Failing to yield the right-of-way
- Making unsafe passes or lane changes
- Distracted driving
- Inexperienced drivers
- Inadequate training
- Making turns that are too wide or overcorrecting
- Cargo shifts during transit
- Mechanical issues
- Defective auto parts
Once we learn the factors that contributed to the accident, we can identify who is responsible for your damages.
Who Is Responsible for Truck Accidents?
Various parties can be responsible for truck accidents, depending on the cause. Some common examples include:
- Truck drivers who speed, drive drunk, or commit driver errors
- Trucking companies that encourage violating hours of service regulations or other laws to prioritize profits over safety, or that are responsible for the negligence of their drivers
- Mechanics who perform negligent repairs on trucks
- Truck owners who fail to properly maintain their vehicles
- Cargo loading companies that do not properly secure cargo or overload trailers
- Auto parts manufacturers that build defective parts
An experienced Huntington car accident lawyer can conduct a thorough investigation and identify all at-fault parties.
What Are the Statute of Limitations After a Truck Accident?
In West Virginia, victims of truck accidents must act within a set period to recover damages for injuries caused by others. Under West Virginia Code §55-2-12, victims have two years from the date of the injury to file a lawsuit against those who caused them injuries. This is a very important timeframe. If you fail to file a lawsuit within this time, the court will not hear your case, and there is no way to hold the at-fault parties accountable for your losses.
There are some exceptions to these rules. For example, if you were a minor at the time of the truck accident, and your family did not seek compensation, your two-year timeframe does not begin until you turn 18. That gives you two years from your 18th birthday to take action. Other exceptions may apply in your case as well.
If your timeframe is coming up, we encourage you to hire our Huntington truck accident lawyer right away. We will bring your case before the court as quickly as possible to protect your right to seek compensation.
West Virginia’s Modified Comparative Negligence Laws
Many truck accidents are due to the negligence of the truck driver or the trucking company. However, there are many additional cases in which you may have some fault in the case. In these situations, victims can still file a claim for their losses, with limitations.
Under the state’s modified comparative negligence doctrine, a victim can seek compensation for their losses if they are 50% or less at fault. Typically, the police officer at the scene of the accident may establish evidence that shows you are at fault. They may place a percentage of fault on you, or the insurance company or court may do so. This percentage reduces the value of your claim. For example, if your mistakes resulted in you being found 30% at fault, the compensation you would recover is reduced by 30%.
There is one important factor to consider here. If you are found 51% at fault, the state bars you from any compensation recovery. This can be financially challenging for any victim. In these situations, do not give up just yet. Instead, let our Huntington truck accident lawyer find evidence to support your claims.
Compensation Available in a Semi-Truck Accident Case
Victims of semi-truck accidents can seek damages for any losses they can prove. The value of your claim is dependent on the severity of your injuries, the long-term implications of your losses, and your attorney’s ability to examine all economic or non-economic losses you have. Our team will work to seek full compensation for any losses you have. Do not settle your claim until you speak to us about your injuries and losses.
What Financial Compensation Can I Recover Through a Truck Accident Claim?
Through a personal injury claim or lawsuit, you can seek compensation for the damages you suffered from the accident. Depending on the circumstances, this could include:
- Medical bills, ongoing rehabilitation costs, and future medical expenses
- Lost wages
- Reductions in your long-term earning capacity
- Costs to repair or replace your damaged vehicle
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of consortium
Especially in cases with severe injuries (head trauma, etc…), our brain injury lawyers in Charleston will work hard to secure compensation that fully accounts for all the ways the accident has adversely affected your life.
How Much Is My Case Worth?
One of the most frequent questions our personal injury attorneys receive is, “How much is my case worth?” Like many legal questions, the answer is, “It depends.” Various factors can affect your case value. One of the most substantial is your injuries. Were you seriously injured or did you suffer a permanent disability that will result in long-term medical needs or changes in your occupation? Who is responsible for the crash, and what type of insurance coverage do they have? Were you found partially at fault for the accident? The answers to these and other questions can help a knowledgeable lawyer give you a better idea about your case’s potential value.
Call Today for a Free Consultation with an Experienced Huntington Truck Accident Lawyer
If you were injured in a truck accident, let the experienced personal injury team at Salango Law, PLLC, help. We have successfully recovered over $300 million for people just like you who were injured by the negligent actions of others.
Call us today for a free case review online or call us at (304) 342-0512.