Trucking accidents are a significant concern on highways across West Virginia. Due to the high speeds and large, heavy vehicles involved, they often result in serious injuries and fatalities. These accidents can be attributed to various factors, from human error to mechanical failures.
Some of the most common causes of trucking accidents include:
- Driver fatigue
- Speeding
- Distracted driving
- Impaired driving
- Mechanical failures
- Improper loading
- Weather and environmental conditions
Even something as simple as unsafe or improper parking can lead to a truck accident, such as was the case this past November when a man was killed in Mercer County after a septic truck, parked on wet, unstable ground, rolled.
The Tragic Consequences of Trucking Accidents
Unfortunately, many truck accidents stem from negligence. Whether it's a driver's failure to adhere to road safety laws, a company's neglect in maintaining their fleet, or improper loading practices, the root causes frequently point back to carelessness. Victims and their families may have the right to seek compensation when negligence is to blame.
This legal recourse can be sought to cover:
- Medical expenses, including rehabilitation
- Ongoing care and occupational needs
- Loss of income and future earning potential
- Pain and suffering
- Loss of companionship and financial support
This compensation is not only vital to helping victims of negligence and their families move on financially. It can also offer a sense of justice during a difficult time.
Proving Negligence in Trucking Accidents
To establish negligence in a trucking accident, it is crucial to demonstrate four key elements. First, there must be evidence that the defendant owed a duty of care to the plaintiff. In the context of trucking, this could mean adhering to traffic laws and regulations intended to ensure road safety.
Second, it must be shown that this duty of care was breached, either through action or inaction. Examples include driving under the influence, speeding, or failing to perform the necessary vehicle maintenance.
Third, there must be a direct causal link between the breach of duty and the accident that occurred. This means proving that the accident would not have happened but for the defendant's breach of duty.
Lastly, actual damage or harm must have resulted from the accident. This could be physical injuries, property damage, or other forms of quantifiable harm.
Gathering of Evidence to Prove Negligence
Gathering evidence is crucial in proving these elements, and it often involves collecting accident reports, witness statements, expert testimonies, and the truck's electronic logging device (ELD) data. An ELD is a digital system used in commercial trucks to automatically record driving hours, ensuring compliance with hours-of-service (HOS) regulations.
When a trucking accident occurs, determining liability is a complex process. Several parties may be responsible, including:
- The truck driver
- The trucking company
- The vehicle manufacturer
- Cargo loaders
- Maintenance and repair companies
- Government entities
- Other drivers
Legal representation during this process can be critical. With so many parties involved, trucking accident cases tend to be quite complex, and determining liability may be challenging. An experienced attorney, like ours at Katz Kantor Stonestreet & Buckner, PLLC, can be invaluable, offering practical legal support so that you can focus on recovering from your injuries.
Our Firm Is Here to Help
At Katz Kantor Stonestreet & Buckner, PLLC, we understand the devastating impact a trucking accident can have on you and your family. If you or a loved one has been injured in a trucking accident in West Virginia, our seasoned legal team is here to help. We have helped countless people deal with these cases, and we are ready to put this experience to work for you.
We are committed to providing compassionate and comprehensive legal support to all our clients. Whether you need help bringing a personal injury claim against a large trucking company or have questions about your eligibility for filing a wrongful death claim against a municipality, don’t face this challenging time alone.
Contact our firm online to schedule a consultation with our team.