When a commercial van causes a serious crash, both the driver and the employer may be legally responsible. Call (304) 720-6700 or message Tiano O’Dell, PLLC today to schedule a free consultation and discuss your potential claim.
Why Choose Us?
- We conduct independent investigations immediately to secure company records, driver logs, and maintenance documentation before they disappear.
- We understand how commercial insurance policies work and identify every available layer of coverage.
- We are prepared to challenge corporate defense teams that attempt to shift blame onto injured victims.
Our Results
We have secured significant results in complex injury and vehicle accident cases, including:
- $10 million settlement for a traumatic brain injury case involving life-altering harm.
- $3 million settlement for a tractor-trailer crash involving severe injuries.
- $3 million verdict against Ford Motor Company for a defective vehicle component.
Common Causes of Commercial Van Accidents
Commercial vans are used for deliveries, construction work, transportation services, and other business purposes. Drivers often face tight schedules and long hours, which increases the risk of crashes. Common causes include:
- Distracted driving while using navigation or dispatch systems.
- Speeding to meet delivery deadlines.
- Driver fatigue from extended work shifts.
- Improper vehicle maintenance.
- Inadequate driver training or supervision.
- Overloaded or improperly secured cargo.
Failing to supervise drivers or maintain commercial vehicles can create clear grounds for corporate liability.
Who Is Liable in a Commercial Van Accident?
Liability in commercial van accidents is often more complex than a standard car crash. In many cases, the driver’s employer may be responsible under principles of vicarious liability. Responsible parties may include:
- The van driver who acted negligently.
- The employer or company that owns the vehicle.
- A contractor or subcontractor responsible for operations.
- A maintenance provider that failed to service the van properly.
- A manufacturer if a vehicle defect contributed to the crash.
West Virginia follows a modified comparative negligence rule under West Virginia Code §55-7-13a. You may recover damages as long as you are less than 50 percent at fault. Any compensation awarded is reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found 20 percent at fault for the accident, your recovery would be reduced to $80,000. If you are found 50 percent or more at fault, you cannot recover any compensation.
Types of Compensation Available
If you were injured in a commercial van accident, you may be entitled to compensation for:
- Medical expenses, including hospital stays and ongoing treatment.
- Lost wages and reduced earning capacity.
- Pain and suffering.
- Permanent disability or impairment.
- Property damage.
Accurately valuing your claim requires careful review of current and future losses.
How a Charleston Commercial Van Accident Attorney Can Help
Commercial van accident cases often require proving that the employer is legally responsible for the driver’s conduct at the time of the crash. An attorney can:
- Investigate the crash and preserve key evidence.
- Obtain employment records and maintenance logs.
- Identify all available insurance coverage.
- Work with experts if necessary to establish liability and damages.
- Negotiate firmly for full and fair compensation.
- Prepare your case for trial if the insurer is unwilling to settle for the amount you deserve.
Contact Us Today
Call (304) 720-6700 or message Tiano O’Dell, PLLC online today to schedule a free consultation with a trusted Charleston, West Virginia commercial van accident attorney.
