Morgantown Truck Accident Lawyer
Accidents involving large trucks such as eighteen-wheelers, big rigs, and other large commercial style trucks often lead to devastating injuries. According to the Federal Motor Carrier Safety Administration (FMCSA), a fully loaded commercial truck can weigh as much as 80,000 pounds. If you or someone you love is injured and needs a Morgantown truck accident attorney, Tiano O’Dell, PLLC is ready to help. Contact our office today to get started on your case.
Who is liable in a truck accident?
One of the hardest parts of truck accident cases is determining who is liable. There are often various parties involved in the operation of a large commercial truck, and any of these parties could be liable for the accident. Potentially liable parties include:
- Truck driver
- Truck company
- Truck manufacturer
- Company leasing the trailer
- Company leasing the truck
- A shipper who wanted the load
- Truck parts manufacturers
- Maintenance companies responsible for the vehicle
It is not uncommon for there to be multiple parties liable for a truck accident. This highlights just how complicated these cases can become, and why a Morgantown truck accident lawyer is necessary.
Compensation available for truck accident cases
There are various types of compensation available to someone who is injured due to the actions of a truck driver or truck company. This includes both non-economic and economic damages such as the following:
- Medical bills (past, present, and future) relating to the crash
- Loss of income and benefits
- Loss of future earning capacity
- Missed activities
- Loss of consortium
- Disfigurement and scarring
- Pain and suffering
- Emotional anguish
- Wrongful death
Why should I hire a truck accident attorney?
Most people who are injured due to the negligence of a truck driver or truck company do not have the resources or experience to take on the at-fault parties and their insurance carriers. Truck companies insurers have millions of dollars at their disposal that they can use to discredit your case. Your West Virginia truck accident lawyer will be responsible for:
- Obtaining all evidence necessary to prove the other party’s liability. This includes gathering accident reports, video surveillance that may have captured the accident, eyewitness statements, photographs taken at the scene, and more.
- Consult with experts to reconstruct the accident scene if necessary to prove the fact of the crash.
- Obtaining data from the electronic control module (EMC) on the truck.
- Ensuring that you are properly evaluated by a trusted medical professional and that you receive the care you need.
- Investigating in obtaining all safety records related to the truck driver and truck company.
- Negotiating with all parties involved, including insurance carriers, to secure a settlement that covers all of your accident-related expenses.
How is negligence established?
Truck drivers and truck companies owe a duty of care to those on the road with them. An attorney will work to show that there was a breach of that duty that led to your injuries and damages. The FMCSA has strict regulations in place to prevent truck driver negligence.
Some of the requirements set forth by the FMCSA to prevent driver negligence includes:
- Maintenance of logbook detailing hours driven
- Documenting hours of service and rest breaks
- Adhering to scheduled and legally mandated maintenance requirements
- Proper loading of truck cargo, including hazardous materials
- Non-use of controlled substances and alcohol
- Driving no more than ten hours per workday
Your attorney will use their resources to find discrepancies in those items along with evidence gathered from the crash to establish negligence. You can contact our Morgantown personal injury attorneys for a free consultation online or by calling us at (304) 720-6700.