Dump Truck Accident Lawyer in Charleston, WV

Table Of Contents
  • How Long Do I Have to File a Claim After a Dump Truck Accident in West Virginia?
  • How Warner Law Offices Can Help with Your Dump Truck Accident Case
  • Common Causes of Dump Truck Accidents
  • Who Is Liable for a Dump Truck Accident?
    Dump Truck Accident Injuries
  • Damages in a Dump Truck Accident Case
  • How Much Is My Truck Accident Claim Worth?
  • Contact Our Charleston, WV Dump Truck Accident Attorneys Today

Dump trucks are much heavier and bigger than other vehicles on the road. When these vehicles are involved in accidents, they can severely damage cars and injure drivers and passengers. Any bicyclists and pedestrians nearby are also in danger of suffering catastrophic injuries.

If you or a loved one has been hurt in an accident with a dump truck or other construction vehicle in the Metro Valley, the attorneys at Warner Law Offices, PLLC are here to help. We are ready to hold negligent parties accountable when their actions affect the lives of West Virginians just like you.

Do not delay. To discuss what happened with an experienced dump truck accident lawyer near you, contact our Charleston, WV law office today. Your consultation with our attorneys is free and confidential.

How Long Do I Have to File a Claim After a Dump Truck Accident in West Virginia?

For most auto accident cases, victims generally have two years from the date of the crash to file a claim. Once that two-year deadline has passed, you won’t be able to seek legal action.

While two years is a fair amount of time, there are exceptions to this two-year statute of limitations. These exceptions depend on the nature of the crash and the parties involved. In addition, it can be difficult to locate evidence and secure reliable witness testimony if you delay seeking legal action.

This is why it’s best to speak with our Charleston dump truck accident attorneys as soon as possible after your crash. During a free case review, we will listen to you closely and start building a strong case.

How Warner Law Offices Can Help with Your Dump Truck Accident Case

Filing a dump truck accident lawsuit is time-consuming and complex. If you attempt it alone, you may miss the opportunity to receive compensation for your injuries and property damage. That’s why you need Warner Law Offices, PLLC on your side. We are a small law firm that offers big results, always putting your needs first.

Fighting for the People of West Virginia Since the Year 2000

Ever since our law firm was established, we’ve treated our clients like family. If you are a motorist, cyclist, or pedestrian injured by a dump truck, we’re here to provide client-focused representation. If you operate a dump truck and have suffered a serious work-related injury, our attorneys will let you know about your options for compensation. We’re here to help.

Attorneys Born and Raised in West Virginia

Founding partner Bobby Warner is a lifelong West Virginian. The other lawyers at our firm also have deep roots in the Mountain State. Our attorneys know the Charleston area, the people of Kanawha County, West Virginia state laws, the local courts, and the culture that makes this a great place to live.

You Pay Nothing Unless We Win

At Warner Law Offices, PLLC, we don’t just offer free consultations. Our law firm works on a contingency fee basis. That means we only get paid if we can successfully negotiate a settlement or win damages for you in a jury trial. If we don’t win, you don’t pay. It’s our way of putting your financial needs and your recovery first.

Common Causes of Dump Truck Accidents

Most dump truck accidents occur because of driver error, but that doesn’t cover all potential causes of these crashes. Here are the most common causes of dump truck accidents: 

  • Truck Driver Fatigue: Long hours operating a dump truck could lead to truck driver fatigue. This can significantly affect a driver’s decision-making skills and reaction times.
  • Failure to Check Blind Spots: Dump trucks have major blind spots given the design of these vehicles. Failure to check these blind spots could cause accidents when the dump truck changes lanes or makes wide turns.
  • Speeding: Dump trucks require longer stopping times given their weight. When dump truck drivers speed, they increase the risk of serious accidents.
  • Poorly Secured Loads: If debris in the open-box bed of the truck is not properly secured or comes loose, this debris can hit nearby vehicles or wind up on the road, creating all kinds of driving hazards.
  • Lack of Driver Experience: It takes time to learn how to operate a dump truck safely. An inexperienced dump truck driver could make a costly mistake that results in injuries.
  • Vehicle or Part Defects: If a dump truck is not regularly repaired or there are issues with its parts and components, there is a higher chance of a serious accident.
  • Poor Road and Weather Conditions: Bad weather and poor road conditions can affect a driver’s visibility and the handling and traction of the dump truck.

During the investigation process, our Charleston dump truck accident lawyers can identify the causes and contributing factors in the collision. We can then determine who should be held liable for the dump truck crash.

Bobby Warner - truck accident attorney quote
Bobby Warner - truck accident attorney quote

Who Is Liable for a Dump Truck Accident?

The liable party in a dump truck crash depends on the facts of your case. Potentially liable parties may include the dump truck driver, trucking company, vehicle manufacturer, truck maintenance company, or the government. Warner Law Offices, PLLC will make sure the right party is held accountable for any harm they caused.

The Dump Truck Driver

All commercial motor vehicle drivers must follow state laws, adhere to the Federal Motor Carrier Safety Administration regulations, and have a commercial driver’s license. Under these rules, dump truck drivers cannot engage in risky driving behaviors such as reckless driving, texting while driving, and ignoring mandated breaks.

If a dump truck driver fails to operate their vehicle responsibly and follow federal rules and regulations, you can hold them liable for your losses. However, the trucking company they work for could also share the blame.

The Trucking Company

In many cases, the dump truck driver is an employee of a commercial trucking company. As such, these trucking companies are responsible for the actions of their drivers and the trucks they deploy. 

In addition, under the definitions in FMCSA regulation 49 C.F.R. §390.5, all truck drivers operating commercial vehicles for interstate trucking companies are considered trucking company employees, even if they are working as “independent contractors.” This means the trucking company may even be responsible if the driver is an independent contractor.

Trucking companies must implement systems that protect drivers and other road users. Trucking companies that fail to do this can be held liable for your losses.

For instance, you can hold the company responsible for your losses if a trucking company violates laws protecting truckers and other drivers. You can also sue trucking companies for hiring unqualified drivers, failing to maintain and inspect trucks, inadequately training drivers, and encouraging dangerous driving behaviors such as speeding to meet strict schedules.

The Manufacturer of the Dump Truck 

If your accident was caused by a defect in the dump truck or a malfunction of one of its components, you can file a product liability lawsuit against the manufacturer. Most dump truck accident product liability cases involve two types of defects:

  • Design Defects: Design defects are defects in the vehicle or auto part design, making the product unsafe for consumers. 
  • Manufacturing Defects: Manufacturing defects are errors during the production of a product, causing it to be dangerous to consumers.

Truck Maintenance Companies

Some trucking companies hire separate maintenance crews to service and repair their vehicles. If a truck maintenance company is negligent and a dump truck causes an accident because of mechanical failure, you may have a claim against the maintenance company.

Proving negligence due to poor maintenance can be difficult without the proper resources. During an accident investigation, our lawyers will find out if poor maintenance caused the mechanical failure or if the maintenance crew did not perform or complete the necessary repairs to the dump truck.

Local Road Authorities

Sometimes, a dump truck crash happens because of a poorly maintained road. This could be due to potholes and other hazards related to disrepair or issues involving traffic signals, road signs, and inadequate lighting at night. If a road-related accident affected you or a loved one, you may have a claim against the local government agency in Kanawha County that is responsible for that road.

These lawsuits have specific requirements and typically must be filed much sooner than ordinary personal injury claims. Talk to a trusted dump truck accident attorney from our Charleston law office to learn more about suing local West Virginia municipalities for your collision.



experienced West Virginia truck accident attorneys

Dump Truck Accident Injuries

Dump truck accidents can cause catastrophic injuries that lead to long-term or permanent disabilities that can affect your ability to work. Common dump truck accident injuries include: 

  • Serious Head Injuries: Dump truck accidents can cause direct trauma to your head, resulting in traumatic brain injuries (TBI).
  • Internal Organ Damage: Dump truck crashes can cause internal bleeding as well as damage to vital organs such as the bladder, spleen, kidney, and liver.
  • Burns and Disfigurement: Dump trucks usually cause more damage upon impact due to their size and weight, leading to a higher risk of rupturing fuel tanks. This can result in vehicle fires, which can cause severe and painful burns and permanent disfigurement.
  • Loss of Limbs: The impact of a dump truck accident can lead to dismemberment or amputation. The loss of limbs can also happen due to severe burns.
  • Spinal Cord Injuries: Dump truck injuries can damage the spinal cord, leading to paralysis. People with severe spinal cord injuries (SCI) may require wheelchairs and other mobility aids for the rest of their lives.

If you were hurt in a serious collision with a dump truck, speak with our Charleston accident attorneys about what happened. We can help you hold the negligent party accountable.

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West Virginia personal injury attorney Bobby Warner in a black and white image with hands crossed

Damages in a Dump Truck Accident Case

Damages compensate dump truck accident victims for the losses they experienced from the crash. You can pursue both economic damages and non-economic damages.

The team at our Charleston law firm can help you understand the true value of your dump truck accident case. Together, we can review your medical bills, the cost of repairs, changes in your quality of life, and the other ways the collision affected your finances.

Economic and Non-Economic Damages

Economic damages compensate dump truck accident victims for the quantifiable losses related to the collision. This includes:

  • Current and ongoing medical expenses
  • Cost of vehicle repairs
  • Damage to other personal property
  • Lost wages
  • Lost future earning capacity

Non-economic damages compensate dump truck accident victims for intangible losses that aren’t as easy to quantify. This includes:

  • Emotional distress
  • Changes in mood or mental health
  • Loss of companionship
  • Pain and suffering

Damages After a Fatal Dump Truck Accident

If a loved one dies from their injuries in a fatal dump truck accident, you can file a wrongful death lawsuit against the responsible parties. No amount of money will ever be able to compensate for your loss, but you may be eligible to seek compensation for lost income, funeral costs, and lost companionship.

How Much Is My Truck Accident Claim Worth?

Various factors determine how much a case is worth. Our Charleston dump truck accident attorneys will review these factors with you so you understand the value of your legal claim 

  • The Severity of Your Injuries: Cases involving severe injuries and disabilities, such as amputations and traumatic brain injuries, are worth more than accidents that only involve vehicle damage. 
  • Whether the Accident Was Fatal: Fatal accident cases tend to have higher settlements and trial verdicts than injury cases.
  • The Number of Liable Parties: The more negligent parties you sue successfully, the more compensation you can receive. 
  • The Amount of Property Damage: Dump truck cases that cause substantial property damage generally pay more than those that cause less.

Should I Accept a Settlement or Seek Damages in Court?

That depends on what happened during the accident and if you were partially at fault.

West Virginia is a modified comparative negligence state. That means you can still receive damages in a trial if you are found 50 percent liable or less. Your percentage of liability will be deducted from the total damages awarded.

Our dump truck accident lawyers here in Charleston will diligently negotiate with insurance companies to ensure you receive maximum compensation. If we cannot reach a fair settlement, we will go to trial if we believe you can receive more, even if you were partly at fault.

Contact Our Charleston, WV Dump Truck Accident Attorneys Today

If you or a family member has been hurt by a dump truck accident in Kanawha County, you need Warner Law Offices, PLLC. Our law firm has fought for West Virginians since the year 2000. Whether you were a commuter or a worker hurt on the job, our lawyers are on your side. We are ready to listen and offer whatever assistance we can.

To set up a free case evaluation with trusted dump truck attorneys near you, contact our Charleston law office today.

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Bobby Warner

Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.

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