Commercial trucking accidents often lead to catastrophic injuries and extensive property damage. When negligence plays a role, victims are entitled to seek compensation for their injuries and losses.
Common Causes of Commercial Trucking Accidents
Commercial trucks include 18-wheelers, tractor-trailers, delivery trucks, and other large vehicles used to transport goods. Because of their size and weight, they can cause devastating injuries in a collision. Common causes of trucking accidents in West Virginia include:
- Driver fatigue due to long hours on the road
- Distracted or impaired driving
- Speeding or following too closely
- Improperly loaded or unsecured cargo
- Mechanical failures involving brakes, tires, or steering
- Inadequate driver training or supervision
- Unsafe weather conditions and poor road maintenance
Each of these factors can lead to jackknife crashes, rollovers, underride accidents, and multi-vehicle pileups.
Liability in Commercial Trucking Accidents in Charleston
Trucking accidents often involve multiple liable parties, each with different insurance policies and legal responsibilities. For example:
- The truck driver for negligent operation of the vehicle.
- The trucking company for poor hiring practices, lack of maintenance, or violations of federal safety regulations.
- Cargo loaders for improperly securing freight.
- Maintenance providers for performing substandard repairs.
- Manufacturers for defective truck parts or systems
Under West Virginia’s modified comparative negligence rule, victims may recover damages as long as they are less than 50 percent at fault. Any compensation awarded is reduced in proportion to the victim’s percentage of the blame. For example, if a plaintiff is awarded $200,000 in damages but found 20 percent at fault, the final recovery would be $160,000.
Federal and State Trucking Regulations
Commercial trucking companies must follow strict federal and state regulations designed to keep roadways safe. The Federal Motor Carrier Safety Administration (FMCSA) governs driver hours, maintenance schedules, cargo limits, and vehicle inspections. West Virginia enforces these same safety standards for all commercial carriers operating within the state.
When companies ignore these rules—by pushing drivers to exceed legal limits, skipping required inspections, or failing to maintain vehicles—it can serve as evidence of negligence in a personal injury claim.
Types of Compensation Available
Those injured in a commercial trucking accident may pursue compensation for both economic and non-economic losses, including:
- Medical expenses for current and future care.
- Lost wages and reduced earning capacity.
- Pain and suffering caused by physical and emotional trauma.
- Property damage to vehicles and belongings.
- Loss of enjoyment of life due to permanent disabilities.
- Funeral and burial expenses in fatal accident cases.
In certain cases involving reckless or intentional conduct, punitive damages may also be awarded to punish and deter dangerous behavior.
How a Charleston, West Virginia Commercial Trucking Accident Attorney Can Help
Trucking companies often have powerful insurance carriers and legal teams focused on minimizing payouts. Holding them or their truck drivers accountable requires extensive evidence such as electronic logging device (ELD) data, maintenance reports, driver qualification files, and black box recordings. A Charleston, WV Truck Accident Attorney can level the playing field. They have the resources to investigate the crash and identify all responsible parties. Your lawyer will also handle all communication with the insurers and liable parties to ensure you are treated fairly and receive the compensation you deserve.
Contact Us Today
If you or a loved one has been injured in a commercial trucking accident, Tiano O’Dell, PLLC is committed to protecting victims’ rights and fighting for fair compensation. Contact us today to schedule a free consultation with a Charleston commercial trucking accident lawyer. Call (304) 720-6700 or message us online to arrange a free consultation.
