Charleston Truck Accident Attorney

When approaching a big rig truck on the highway, do you tense up? Do you try to avoid getting close to them?

You’re right to be cautious. Although the vast majority of truck drivers log in thousands of driving miles each day without incident, it only takes one mistake to trigger a catastrophic collision.

Every type of truck accident will set off a thorough investigation involving the Charleston police, West Virginia state police, and the federal agencies that regulate the trucking industry.

You’ll also be dealing with your doctor for your injury treatment and a car mechanic for your vehicle repairs. It is a lot for anyone to deal with. That’s why the support of an experienced Charleston truck accident lawyer can prove invaluable.

The attorneys at Forbes Law Offices have a combined 75 years of negotiating and litigating experience, helping clients involved in accidents with commercial trucks.

Our goal is to give you the space to recover from the accident and get your life back on track while we pursue the maximum compensation you are due.

Types of Charleston Truck Accidents

Every truck accident falls into a category type. Understanding what happened can help explain how it happened, and that speaks directly to whom you and your Charleston, WV, truck accident lawyer can hold accountable.

These are some of the common types of truck accidents that occur in and around Charleston:

• Truck rollovers
• Tire blowouts
• Head-on collisions
• Wide turn accidents
• Underride or override accidents
• Lost load truck accidents
• Jackknife

Which of those accidents were you involved in? That will be the first question you’ll discuss with your Charleston truck accident law firm.

Common Causes of Truck Collisions

The Federal Motor Carrier Safety Administration (FMCSA) collected data from truck accidents that looked into the common causes of large truck accidents. They determined the following four critical reasons why these accidents occur:

Non-performance

This refers to when the driver was physically impaired while operating the vehicle. That can include driving when drowsy or the most serious issue of driving under the influence of drugs or alcohol.

Recognition

Recognition refers to a driver’s inattentiveness behind the wheel. Distracted driving only takes a fraction of a second to cause a horrific collision.

Decision

As with a car driver, a truck driver needs to make numerous driving decisions throughout their trip. If they decide to drive too fast, follow too close, or misjudge the speed of other cars, the driver would be considered negligent.

Performance

A commercial truck driver must undergo 160 hours of training before getting their license. After that, they need a lot of practice driving to build up their confidence. If a driver lacks experience, they could panic or overcompensate, leading to collisions.

Despite what a truck driver admits to at the scene, there is always more to the story. Experienced Charleston truck accident attorneys can get to the bottom of what happened and use the relevant supporting evidence to prove your version of the accident.

Proving Negligence in a Kanawha County Truck Crash Claim

Data published in June 2023 NHTSA shows that at least 8.7% of all fatal motor vehicle collisions in West Virginia in 2021 involved trucks.

This equates to 42 crashes. That same federal government data shows that those truck-involved wrecks in West Virginia claimed at least seven truckers’ lives and left an astounding 45 passenger car occupants deceased that same year.

The extreme disparities in weight between passenger cars and large trucks often mean that accidents involving the two vehicles (or the larger one with a pedestrian, bicyclist, or motorcyclist) result in catastrophic injuries or deaths.

Fortunately, West Virginia is an “at-fault” or “tort” state, meaning injured motorists can hold operators, employers, manufacturers, or any other negligent parties liable for any damages sustained in accidents with big rigs.

However, to be eligible to recover compensation for your losses, you must be 49% or less at fault for the truck wreck per West Virginia’s modified comparative fault rule.

The responsibility to prove what caused a tractor-trailer crash or some other type of truck accident rests on your shoulders as the victim.

Only once you sort this out can you determine who to hold liable for the breach of duty that led to the crash’s occurrence.

When you work with a Charleston truck accident attorney like ours, you can expect us to review crash reports and any of the following that may be available:

• Pictures of the accident scene, vehicle damage, weather, traffic patterns, and injuries
• Witness statements
• Electronic log records
• Surveillance or dashcam footage
• Medical records
• Crash reconstructionist reports
• A trucker’s driving and health record, along with their personnel files
• Truck maintenance and repair reports

Identifying the factors that led to a collision can be challenging; however, a qualified Charleston truck accident attorney will have the necessary expertise to make such determinations.

Potential Defendants in Big Rig Crash Cases

Once you determine the cause of your collision involving an 18-wheeler, the next step you and your truck accident attorney in Charleston will need to identify is who to pursue for potential damages.

This may include the following persons or entities:

• The trucker: This is generally the best option in situations where driver error or adherence to local, state, or federal regulations regarding the operation of these vehicles exists.
• Fleet companies: Negligent hiring practices, including failing to initially check a driver’s safety records, a trucking company’s insistence on pushing truckers beyond legal on-duty work periods, and their ignoring of maintenance on their trucks can all put them in a position where they are partially or wholly liable for a crash.
• Loading crews: Many times, trucking companies will enter into a contract to carry a distributor’s load, which involves the operator driving their cab to the depot, picking up the pre-packed trailer, and driving it to its final destination, leaving the driver with little knowledge of weight distribution or of how securely strapped it is until a crash occurs.
• Auto parts or vehicle manufacturers: It’s possible to sue companies that produce vehicle components or the automobile itself if you or your Charleston truck accident lawyer have reason to believe some aspect of it, such as its defective design or production, contributed to causing the crash.
• Government agencies: While perhaps less common, it’s not unheard of for crash victims to file a suit against local governments and their associates hired to design or maintain roadways and warn of impending dangers.
• Mechanics: Whether an owner-operator takes their truck to a private mechanic or the company they work for has an external shop that services its entire fleet, it’s possible to hold any of these parties liable for a wreck caused by missed or inappropriately repaired issues.

Why You Need a Charleston Truck Accident Lawyer

No law requires you to hire a truck accident lawyer in Charleston.

However, you will quickly discover that a collision with a big rig is not the same as a fender bender with another car. A mistake in filing a claim at the beginning of the process can lock you into an unfair amount.

There is also the issue of saying the wrong thing to an insurance adjuster, which can impact your claim. If you have a skilled Charleston truck accident law firm on your side, they will handle all the interactions with the insurance company. That includes handling the negotiations and uncovering the potential damages you might not even recognize you are owed.

When you searched online for a Charleston truck accident attorney, you likely found that there’s no shortage of options to choose from. However, like anything, not all attorneys and firms are created equally.

Some attributes that you should look for when evaluating attorneys include:

• Lawyers with well-rounded legal careers, including experience as law school professors, in governmental service, and private personal injury practice settings serving West Virginia residents
• Success in securing sizeable settlements on behalf of their clients
• Compassionate and attentive representation of trucking accident victims at every step of the legal process

A two-year statute of limitations applies to almost every tractor-trailer crash case we take on, and preserving evidence as early as possible is particularly critical in these cases.

The Forbes Law Offices are standing by to provide you with the guidance and information you need to decide the best way forward for your truck accident claim.

If we decide to work together, there will be no upfront attorney’s fees, and we only collect them if we secure a settlement for you.

Contact us today to schedule a free consultation with our Charleston truck accident lawyer.