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Driver Fatigue Accident Lawyer in Charleston, WV
Semi-truck accidents often lead to devastating injuries for occupants of any vehicles involved, especially people in commuter vehicles. The catastrophic injuries sustained during a tractor-trailer crash can be life-changing, leaving victims to grapple with permanent disabilities and other major life adjustments.
Many large truck accidents in West Virginia are preventable. This is particularly true for one of the leading causes of big rig collisions—driver fatigue. The sad fact is that many trucking companies push their drivers to work unreasonably long hours, often violating federal safety requirements and putting everyone on the road at risk.
Warner Law Offices, PLLC is here to hold trucking companies accountable and help you receive compensation after a serious 18-wheeler wreck. We’re ready to level the playing field for working people like you. To discuss your situation with experienced truck driver fatigue accident lawyers near you, contact our Charleston, WV law office today.
- How Long Do I Have to File a Semi-Truck Accident Claim?
- Mandatory Rest Laws for Truckers and Trucking Companies
- Why Do I Need a Truck Driver Fatigue Lawyer?
- How Our Law Firm Can Help After a Driver Fatigue Collision
- Proving Fault in Truck Driver Fatigue Cases
- Who Can Be Held Liable for a Driver Fatigue Trucking Accident?
- Types of Accidents Caused By Truck Driver Fatigue
- Types of Injuries Sustained in Truck Driver Fatigue Accidents
- Damages in a Trucker Fatigue Accident Case
- Driver Fatigue Plays a Role in Other Kinds of Motor Vehicle Accidents
How Long Do I Have to File a Semi-Truck Accident Claim?
In the state of West Virginia, there is a two-year statute of limitations that applies to most auto wreck claims. Once the two-year deadline has passed, truck accident survivors lose the opportunity to recover compensation for the collision.
Even though you have up to two years to file a lawsuit after a serious crash, it’s best to contact our experienced team of truck driver fatigue attorneys in Charleston as soon as possible. We can let you know if you have a viable big rig accident case and get the legal process started.
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Mandatory Rest Laws for Truckers and Trucking Companies
Truckers pull long hours given the nature of their job. Some level of exhaustion is to be expected, but truckers sometimes avoid taking breaks and try to power through a shift without sleeping. The results can be disastrous.
The Federal Motor Carrier Safety Administration (FMCSA) has hours of service regulations for truck drivers to help prevent these types of accidents. Hours of service regulations are essential in the trucking industry, reducing the likelihood of truck drivers experiencing fatigue and falling asleep while they’re behind the wheel.
Drivers of trucks weighing over 10,000 pounds must take a 30-minute break during the initial eight hours of a shift. Beyond that, truck drivers cannot drive more than:
- 11 hours after 10 consecutive hours off duty
- 60 hours in seven consecutive days
- 70 hours in eight consecutive days
The Trucking Industry Forces Truckers to Overexert Themselves
Under federal law, drivers must log the hours they drive each day to ensure they do not exceed these limits. Unfortunately, trucking companies often push drivers beyond these limits to pad their bottom line.
Other times, truckers push their bodies to the limit to maximize their paycheck, as many trucking companies pay by the mile. Paying by the mile means that truck drivers aren’t compensated for breaks, mandatory checks, and other on-duty non-driving tasks. This push creates a higher risk of tractor-trailer accidents caused by driver fatigue.
Why Do I Need a Truck Driver Fatigue Lawyer?
Commercial vehicle accidents involving truck driver fatigue can be complex. You’re taking on major trucking companies with highly paid defense teams as well as insurance companies that want to pay out as little as possible. Enlisting the help of a top-rated West Virginia truck accident attorney is essential if you want to level the playing field. Our experienced trucking accident lawyers in Charleston can review evidence of driver fatigue and the role it played in your crash. Our attorneys can negotiate a better settlement with insurance companies and are ready to go all the way to trial if it means maximizing compensation after a major 18-wheeler accident.
How Our Law Firm Can Help After a Driver Fatigue Collision
At Warner Law Offices, PLLC, we’re dedicated to helping people like you recover compensation for big rig crashes caused by exhausted or drowsy truck drivers. Our attorneys are well-versed in representing victims of truckers who fell asleep behind the wheel or were too tired to be fully present while driving.
We’ve Fought for West Virginians Since the Year 2000
Our experienced and award-winning lawyers aren’t afraid to fight big corporations and insurance companies. We’re a law firm that goes above and beyond to ensure the people of West Virginia get heard. Our attorneys were born and raised here, so we want to speak up for the people we grew up with.
We Know the Evidence Needed to Build a Good Truck Accident Case
Thanks to our many years of combined experience, our lawyers understand what it takes to build a compelling trucking accident claim. We can examine logbook data, black box information, mileage records, evidence from the semi-truck crash site, witness testimony, and much more. Using this information, we’ll determine the cause or causes of the trucking accident and who is liable for the crash.
If We Don’t Win, You Don’t Pay
Our Charleston driver fatigue attorneys work on a contingency fee basis. That means that our clients only pay us if we can secure a settlement or win damages in a jury trial. If we don’t win, then you don’t have to pay. This is our way of putting your needs and your success at the forefront of everything we do.
Get a Free Consultation with Our Charleston Truck Driver Fatigue Accident Attorneys
The attorneys at Warner Law Offices, PLLC are some of the finest in West Virginia. After a trucking accident caused by trucker fatigue, we can help you hold the at-fault parties accountable. If you or a loved one has been injured in a truck accident caused by driver fatigue, our lawyers in Charleston are ready to help. Contact our West Virginia law firm today for a free consultation.
Proving Fault in Truck Driver Fatigue Cases
Determining the at-fault party in a truck accident fatigue case can be complicated. Proving that the truck driver skipped a rest or was forced to push themselves beyond reasonable limits isn’t so straightforward. Generally, establishing fault requires an in-depth investigation that examines all aspects of the truck accident from all possible angles.
The Charleston driver fatigue lawyers at Warner Law Offices, PLLC will collect all pertinent information to determine what happened at the time of the trucking accident and who should be held liable for the crash. This includes fuel and toll receipts, time logs, the truck driver’s logbook, and the commercial vehicle’s black box.
The Semi-Truck’s Black Box: Event Data Recorder (EDR)
When we say “black box,” we’re referring to the Event Data Recorder (EDR). The EDR records crucial information before, during, and after a crash. A tractor-trailer’s black box data might include information about the truck’s speed at the time of the accident and whether the driver applied the brakes before the collision.
We piece together the EDR data with mileage records, witness statements, physical evidence from the crash site, and any dashcam footage or CCTV footage to recreate the incident to the best of our ability.
Each data fragment our lawyers obtain helps paint a full and detailed picture of the causes of the crash. By meticulously combing through the data, we can determine multiple factors that are essential in a driver fatigue case, including:
- The truck driver’s physical exhaustion or mental overexertion
- Whether the truck driver had enough sleep or took breaks
- Whether the truck driver followed off-duty regulations
- Any violation of traffic laws, such as abiding by posted speed limits
Who Can Be Held Liable for a Driver Fatigue Trucking Accident?
The liable party in a trucking accident can vary, which is why it’s so important that we analyze all available evidence and data. Some parties that may be liable for a driver fatigue crash include:
- The truck driver
- The trucking company
- The manufacturer of the semi-truck
- The maintenance team responsible for vehicle upkeep
- The cargo loading company
In addition, another motorist on the road who was reckless or negligent may have contributed to the large truck accident. Our Charleston driver fatigue attorneys will make sure all liable parties are held accountable for the harm they caused.
In most cases, police accident reports only scratch the surface, determining whether the accident resulted from a criminal offense. If the police report finds evidence of such, civil cases associated with the trucker fatigue accident become easier to navigate.
Types of Accidents Caused By Truck Driver Fatigue
Fatigue can cause drivers to drift into nearby lanes of traffic, weave on a highway, veer toward barricades or off the road, and unexpectedly accelerate or decelerate. Erratic and unpredictable behavior like this puts countless lives at risk and can cause property damage to parked vehicles, homes, or businesses that happen to be near the road.
Driver fatigue truck accidents have been known to cause the following types of collisions:
- Head-on collisions when the trucker drifts into an opposing lane of traffic
- Rollover crashes due to abrupt swerves as the trucker regains consciousness
- Rear-end collisions when the trucker fails to hit the brakes in time
- Sideswipe accidents when truckers drift into adjacent lanes of traffic
- Underride accidents when truckers brake suddenly and motorists behind the semi don’t have enough time to stop
- T-bone accidents when the tractor-trailer blows a red light and barrels through an intersection
Jackknife accidents in which the trailer folds in toward the cab, endangering people across multiple lanes of traffic
Types of Injuries Sustained in Truck Driver Fatigue Accidents
On the low end, commercial trucks often weigh twice as much as a passenger vehicle. Heavily loaded trucks, such as logging trucks in West Virginia, can weigh up to 30 times more than passenger vehicles.
The sheer size and weight of commercial trucks mean that accidents can cause catastrophic and sometimes fatal injuries, including:
- Facial trauma
- Spinal cord injuries (SCI)
- Paralysis
- Traumatic brain injuries (TBI)
- Head and neck injuries
- Concussions
- Loss of limbs
- Crushing injuries
- Severe burn injuries
- Internal organ damage
- Nerve damage
Fatal Truck Accidents Caused by Driver Fatigue
If a truck driver falls asleep or is too tired to pay attention to the road, their vehicle could be traveling at full speed when it finally makes impact. The physical trauma in these kinds of horrendous collisions is often fatal. Some accident victims may be killed instantly, while others may eventually succumb to their injuries after the crash.
Damages in a Trucker Fatigue Accident Case
Legal damages sought after a major trucking accident will often include both economic damages and non-economic damages. Our Charleston truck driver fatigue lawyers can help you understand the value of your 18-wheeler accident case by reviewing your medical bills, long-term changes in your finances, and the lasting impact of the crash on your quality of life.
Economic Damages After a Trucking Accident
Economic damages compensate semi-truck wreck victims for the quantifiable losses related to the crash. This includes:
- Medical expenses
- Cost of vehicle repairs
- Lost wages
- Lost future earning capacity
Non-Economic Damages After a Trucking Accident
Non-economic damages compensate semi-truck wreck victims for 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 Trucker Fatigue Accident
If you’ve lost a loved one in a fatal trucker fatigue collision, you can file a wrongful death lawsuit to pursue compensation. These types of legal actions allow surviving family members to seek damages related to the tragic loss of their loved one in a crash.
Damages sought after a fatal big rig accident include pain and suffering, any medical costs before your loved one’s passing, funeral and burial expenses, loss of companionship, and mental anguish.
Driver Fatigue Plays a Role in Other Kinds of Motor Vehicle Accidents
We’ve predominantly focused on truckers and driving fatigue because of the well-known issues in the trucking industry and the pressure placed on truck drivers. Yet driver fatigue can also affect Amazon delivery drivers, regular commuters, and even Uber/Lyft rideshare drivers.
If driver fatigue played any role in your crash, you can count on Warner Law Offices, PLLC for help. We will approach these kinds of auto wrecks with the same attention to detail we’d apply to tractor-trailer accidents.
Contact Our Truck Driver Fatigue Accident Attorneys in Charleston, WV
If you or a loved one suffered serious injuries because of a trucker who was too tired to be on the road, you need the lawyers at Warner Law Offices, PLLC on your side. To request a free case review with experienced Charleston truck driver fatigue attorneys near you, contact our West Virginia law firm today.
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Charleston, WV 25301
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.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
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