West Virginia Truck Accident Lawyers
Truck accidents are extremely common and occur on a daily basis throughout the state of West Virginia. Because tractor-trailers weigh thousands of pounds, they can cause serious damage to smaller vehicles in a crash, severely injuring their occupants. Truck drivers are supposed to take extreme caution when operating their vehicles due to the high injury risks involved in collisions. Unfortunately this is not always the case.
Many truck accidents are caused by driver negligence, such as:
- Drunk driving
- Driver inattentiveness or fatigue
- Disobeying highway traffic and safety laws
- Reckless driving
- Poorly maintained equipment
Have you been injured due to reckless driving? Call Fitzsimmons Law Firm PLLC for trusted legal counsel backed by proven success.
What are the different types of truck accidents?
At Fitzsimmons Law Firm PLLC, we can help you pursue just compensation for any of the following types of truck accidents:
- Head-on collision – Truck and another vehicle driver collide while driving toward each other.
- Side collision – Truck impacts the other vehicle on its side. Typically occurs when one vehicle is attempting to change lanes.
- Rear-end collision – Truck hits another vehicle from the rear. Depending on the weight and speed, rear-end truck accidents can result in serious harm.
- Under-ride collision – Smaller vehicle rear-ends a large truck and will travel beneath the rear trailer. Caused by a truck driver slamming on his or her brakes.
- Truck rollover – Occurs when the truck driver is speeding or the tires fail to grip hold of the road, which causes the vehicle to lose control and turn sideways.
Hours of Service Regulations for Truck Drivers
Hours of Service (HOS) laws are established to regulate the hours in which truck drivers are allowed to drive. Drivers are required to take rest breaks after specific amounts of time of driving and are required to take time off work.
The current hours of service regulations for property-carrying truck drivers in the United States are as follows:
- Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
- Drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
- Drivers may drive only if 8 hours or less have passed since the end of the driver's last off-duty or rest period of at least 30 minutes.
- Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. Drivers must be off duty for at least 34 consecutive hours before restarting a 7/8 consecutive day period.
Hours of service regulations for passenger-carrying drivers are as follows:
- Drivers may drive a maximum of 10 hours after 8 consecutive hours off duty.
- Drivers may not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period.
- Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days.
In many cases, truck drivers or their employers are in violation of a federal regulation. If this caused your accident and injuries, we can ensure that your case is appropriately handled. We are familiar with truck driver regulations and can use this insight as part of the investigation.
Fatal Truck Accident Cases in West Virginia
Accidents involving big rigs and other types of trucks are more likely to result in death than accidents involving passenger vehicles. If you have lost a loved one in a trucking accident, we at Fitzimmons Law Firm, PLLC extend our deepest condolences to your family during this difficult time. We understand what you are going through and can provide the powerful legal guidance you need to help your family seek justice.
Truck accident cases are among the most complex wrongful death cases to handle due to the myriad of potential defendants that may be responsible. In a wrongful death lawsuit, the plaintiff will need to prove that the defendant is liable for the death because of negligence or intentional wrongdoing. Many complex issues are involved in a wrongful death lawsuit, including:
- Issues of liability
- Level of compensation
- Punitive damages
- Strict time limitations
Recovering Compensation for Your Injuries
A lawyer should be contacted immediately if you or a loved one have been hurt in a truck accident. If the incident was the fault of another person or entity, you can seek compensation for your injuries. A West Virginia personal injury attorney at the Fitzsimmons Law Firm PLLC can review the accident and explain your rights to damages under the law. The firm can also prepare your claim and help negotiate a settlement. The firm has decades of experience fighting for injury victims and is not afraid to take on big trucking or insurance companies.
They can help recover compensation for the following damages:
- Pain and suffering
- Medical costs
- Rehabilitative costs
- Vehicle damages
- Emotional trauma
- Current and future care
- Diminished work capacity
- Lost income
Truck accidents are incredibly dangerous and can lead to catastrophic damages. Injuries resulting from this type of accident can lead to disabilities that can last weeks, months, or even years. Receiving compensation is an important part of recovering from the accident. Make sure that your needs and wants are fought for by a skilled West Virginia personal injury lawyer from the firm.
How Can a West Virginia Truck Accident Lawyer Help Your Lawsuit?
If you or a loved one have been injured in a truck accident, it’s essential to understand your rights and how an experienced West Virginia truck accident lawyer can help. Truck accidents often involve complicated legal issues that require the expertise of an experienced attorney who understands state laws and regulations as well as federal regulations. An injury attorney can provide invaluable assistance when it comes to filing claims for compensation, negotiating settlements, and protecting your legal rights. Here are some of the ways that injury attorneys help victims of truck accidents in West Virginia.
- Investigating and Collecting Evidence: A truck accident lawyer will investigate the truck crash, examining police reports and any other evidence that can help build a case. They may also interview witnesses who saw the incident and collect medical records to show the extent of injuries resulting from the accident.
- Determining Liability for Losses: Attorneys are skilled at assessing liability and determining who is responsible for an individual's losses due to a truck accident, such as vehicle damage or medical bills. Through their investigations, a West Virginia truck accident attorney can identify whether it was driver negligence or mechanical failure that caused the accident. This will help the injured seek maximum compensation, through a lawsuit if necessary.
- Negotiating with Insurance Companies: Truck accidents often involve large insurance companies which have experienced lawyers working for them. In order to receive fair compensation from these entities, you need experienced legal representation -- this is where an attorney comes into play. Since attorneys have experience negotiating settlements with insurers on behalf of clients, they can help you get what you truly deserve out of an insurance company following a truck collision.
- Filing Lawsuits: If negotiations do not result in a satisfactory settlement between the parties involved in a truck collision, filing a lawsuit may be the next step. Attorneys can file lawsuits against parties who are responsible for causing harm through negligence. They can help you seek justice and get the compensation you deserve.
Need a legal advocate for your truck accident claim?
If you were injured in a trucking accident caused by negligence, you may be eligible for compensation to cover your injury-related expenses. The best way to pursue monetary damages is with the help of a qualified personal injury firm. Most insurance carriers will do everything they can to avoid full payment on a claim. With skilled representation, your chances of a favorable settlement are greatly improved. The firm has won over 195 million and multi-million dollar verdicts and settlements, including cases making the Top 100 Verdicts list in the U.S. They have represented clients for 40+ years and are tough legal advocates.
Bob Fitzsimmons has been named one of the top 75 Plaintiff Lawyers in the U.S., and is regularly ranked among the top lawyers in the state. The firm has a comprehensive understanding of personal injury laws and is passionate about their work. They will fight for maximum damages and take whatever legal steps necessary to protect your rights to compensation.
Contact a West Virginia truck accident attorney for skilled and effective representation for your case.