There are plenty of large trucks in and around Huntington, West Virginia. Residents of this area rely on large commercial vehicles to keep the economy healthy, but these vehicles can cause serious injuries when they are involved in an accident. If you or someone you love has been injured, our Huntington, WV truck accident attorneys at Tiano O’Dell, PLLC are ready to help. Contact us today to learn how we can help you.
Negligence and Liability in a Huntington Truck Accident
According to the Federal Motor Carrier Safety Administration (FMCSA), around 148,000 people were injured and 4,761 were killed in crashes with large trucks during the latest reporting year in the US. However, determining who is liable in these incidents can be difficult.
Your truck accident attorney in West Virginia will work to establish negligence. Who caused the crash? In many cases, this boils down to the truck driver’s negligent actions or the negligence of the truck company.
- Truck drivers can be negligent when they break traffic laws or fail to follow FMCSA regulations. All drivers should adhere to regulations regarding how many hours they can operate during the workday or workweek to avoid driving while fatigued. Under no circumstances should a truck driver ever operate while impaired by alcohol or drugs or while distracted by their phones.
- Truck companies can be negligent for a variety of reasons, including:
- Hiring unqualified truck drivers
- Failing to regularly inspect and maintain their vehicles
- Encouraging unsafe driving practices
In the aftermath of a truck crash, trucking companies will use their significant resources to minimize their liability for the incident. Insurance adjusters will work to try and prove that the driver or company was not at fault.
Further complicating the process is the fact that a driver may work for one company, the truck may be owned by another, and they may both be contracting with yet another company. Liability could also be placed on the company which provides maintenance for the vehicle or a company that supplies parts for the truck.
Common Truck Accident Injuries
The FMCSA says that a fully loaded eighteen-wheeler can weigh as much as 80,000 pounds. A vehicle this large can cause catastrophic damage to a passenger vehicle. Some of the most common injuries our Huntington truck accident lawyers help clients with include:
- Spinal cord injuries
- Traumatic brain injuries
- Broken or dislocated bones
- Loss of or damage to a bodily organ
- Dismemberment or amputation
- Significant disfigurement
Causes of Truck Accidents
A study by the FMSCA for a specific time period determined that driver error was responsible for 87% of commercial truck crashes. The causes of these crashes included:
- Impaired driving
- Fatigued driving
- Traffic violations
- Distracted driving
The FMCSA says that an additional 10% of commercial truck crashes were caused by the failure of the truck itself. When any of the following systems fail, serious accidents can occur:
- Tires and wheels
- Unsecured loads or overloaded trailers
- Powertrain failure
- Steering system failure
- Suspension failure
Can You Recover Compensation From a Truck Accident?
If a truck driver or truck company is at fault, you need an attorney who is not afraid to take on aggressive insurance carriers or companies. Truck companies are required to carry more insurance than regular passenger vehicle drivers. You could be entitled to:
- Your medical expenses related to the truck crash
- Lost wages and benefits if you cannot work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against those responsible
Contact Our Huntington Truck Accident Lawyers Today
If you were injured or lost a loved one in a truck accident in Huntington, WV, you don’t have to go it alone. Contact Tiano O’Dell, PLLC today to schedule a free consultation to discuss your case. Our Huntington personal injury lawyers have years of experience and success in helping injured West Virginians obtain the compensation they deserve. Contact us online or call us at (304) 720-6700 for a free consultation. You could be next!