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Charleston, WV Logging Truck Accident Lawyer
West Virginia is one of the nation’s most forested states and is home to a thriving lumber industry. Therefore, logging trucks are common on Mountain State’s roads. Unfortunately, that means accidents involving logging trucks are common as well. Their immense size can cause considerable damage when involved in a collision.
When you or a loved one has been badly hurt in a logging truck accident, there may be no going back to how things were before. But you can move forward. Whether you were injured in a mishap involving a commercial logging truck or hurt in a logging truck accident while on the job, you may be entitled to significant compensation for your medical bills, lost wages, pain and suffering, and other damages.
Warner Law Offices, PLLC can fight to get you the financial compensation you deserve. We can get you back on your feet. To request a free consultation with an experienced logging truck accident lawyer near you, contact our Charleston, WV law office today.
- How Long Do I Have to File a Logging Truck Accident Claim in West Virginia?
- Important Deadlines for Work-Related Logging Truck Accidents
- How Warner Law Offices Fights for the People of West Virginia
- How Our Lawyers Will Handle Your Logging Truck Accident Case
- Potential Causes of Logging Truck Accidents
- What if My Logging Truck Accident Was Caused by Deliberate Intent?
- Damages in a Logging Truck Accident Claim
- What to Do After a Logging Truck Accident
- Contact Our Charleston, WV Logging Truck Accident Attorneys
How Long Do I Have to File a Logging Truck Accident Claim in West Virginia?
In West Virginia, you have two years from the date of the logging truck accident to file a personal injury or wrongful death lawsuit. Once that two-year statute of limitations has passed, you will no longer be able to seek compensation.
While two years is a fair amount of time, it’s best to contact our Charleston logging truck accident attorneys as soon as possible. Evidence can be lost or deteriorate, and witnesses’ memories can fade. Filing your truck accident claim early will give you a better chance of recovering the maximum compensation.
Important Deadlines for Work-Related Logging Truck Accidents
If you suffered an on-the-job logging injury that involves a large truck, you have just six months to apply for workers’ compensation benefits. Some exceptions may apply if the work-related injury or illness involves exposure to harmful substances.
As with personal injury and wrongful death claims, it’s best to speak with our Charleston logging accident lawyers as soon as possible. We can let you know if you should apply for workers’ comp or if you can file a legal claim against your employer or a third party.
- 20+ Years of Experience
- Award Winning Law Firm
- No Fees Unless You Win
- Millions Won For Our Clients
How Warner Law Offices Fights for the People of West Virginia
Warner Law Offices, PLLC has represented the people of West Virginia for over 20 years. Our lawyers are compassionate and passionate about getting our clients the justice and compensation they deserve.
We pride ourselves on our aggressive advocacy. Many law firms push their clients to settle their cases so they can move on quickly. Our firm doesn’t settle unless you are completely satisfied with the settlement offer. We are skilled trial lawyers who have no qualms about taking your case to trial to win maximum compensation.
Proven Record of Results and Excellence
Our focus on clients is not just talk. Our results speak for themselves. We have won our clients millions, including $13 million for an auto accident case, $9 million for a wrongful death claim, and $5.5 million for a truck accident lawsuit.
We’re on the Side of West Virginia Workers
Our law firm is committed to helping workers throughout West Virginia who were exposed to unsafe conditions. If you’re a truck driver or a blue-collar worker in the local logging and timber industry, our law firm is here to help. You’re not just a client to us; we will treat you like family.
Attorneys Born and Raised in West Virginia
Founding partner Bobby Warner has spent his life in West Virginia. The other attorneys here also have deep roots in the Mountain State. Our team knows 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
To ease the financial burden on truck accident victims, we do more than offer free consultations. Our attorneys work on a contingency fee basis. That means we only get paid if we can negotiate a settlement or win damages in a jury trial. If we don’t win, you don’t pay. We’re on your side.
How Our Lawyers Will Handle Your Logging Truck Accident Case
Every case is different, so our approach may vary depending on your needs. For instance, a logging truck collision with a motorcyclist along a rural Metro Valley highway is different from an on-the-job accident that affects the driver or the employees of the trucking company. You can trust Warner Law Offices, PLLC to provide the assistance that is tailored to the details of your case.
That said, our logging truck accident lawyers in Charleston will generally take these steps while working on your claim:
- We will carefully analyze and evaluate your logging truck accident case
- We will counsel you on your options and keep you updated on all developments
- We will thoroughly investigate, gather evidence, and build your case
- We will go to bat for you in negotiations with the opposition and their insurers
- We will prepare and file all the necessary paperwork throughout the process
- We will take your case to court if we cannot reach an acceptable settlement offer
At Warner Law Offices, PLLC, we prioritize clear and open communication with you through every step of the process. Our lawyers want you to understand your case and are ready to answer any questions or address any concerns that you may have.
Potential Causes of Logging Truck Accidents
Logging truck accidents have all kinds of causes in the Charleston area. Some of these may be unique to logging truck accidents with commuter vehicles, while others may be unique to on-the-job injuries for those who work in the timber and logging industry. Below are some of the common causes of log truck collisions in the state.
Truck Driver Fatigue
Given the long routes and time spent on the road, it’s no wonder that accidents caused by truck driver fatigue affect those who work in the logging industry.
Failure to Check Blind Spots
Like other tractor-trailers, logging trucks have major blind spots. Even if a truck driver checks their mirrors, they could still hit a vehicle in an adjacent lane.
Unbalanced or Poorly Secured Loads
Logging trucks are massive vehicles with heavy cargo. Poorly balanced logs or overloaded trailers could lead to catastrophic multi-vehicle and multi-lane accidents if the truck rolls over or if the logs come loose.
Driving Under the Influence
If a truck driver is under the influence of drugs or alcohol while they are operating the vehicle, it could lead to a deadly DUI accident.
Poor Vehicle Maintenance
Employers in the logging and timber industry have a responsibility to ensure that the trucks their employees use are properly maintained and not defective. Failure to service these vehicles could result in a crash.
Truck Driver Inexperience or Lack of Screening
Inexperienced truck drivers may not know how to properly handle their vehicles when certain situations arise. In addition, a trucking company may not have been diligent while checking the work history and driving record of a new hire, endangering countless West Virginians in the process.
Other Contributing Factors in Logging Truck Accidents
In addition to the above causes of accidents, our team will also consider these contributing factors as we investigate the collision:
- Unsafe Road Conditions: Potholes, debris in the road, lack of signage, and flooding can all make serious collisions more likely.
- Poor Weather Conditions: Rain, snow, ice, and fog can lead to issues with visibility and traction, both of which increase the risk of a crash.
If either of these issues played a role in a logging truck collision, our Charleston accident lawyers can determine if anyone can be held liable for these contributing factors.
What if My Logging Truck Accident Was Caused by Deliberate Intent?
Most logging truck accidents are just that—accidents. Occasionally, however, accidents are caused by what is known in West Virginia law as “deliberate intent,” which covers certain kinds of workplace injury claims.
What Is Deliberate Intent?
In these types of workplace injury cases, an employer acts with deliberate intent to harm employees. For instance, an employer may have known that safety conditions in a work zone weren’t up to standard, but still intentionally exposed their employees to an unsafe situation.
In case of deliberate intent, any employees injured in an accident involving that unsafe condition could bypass workers’ compensation and sue the employer directly.
An Example of Deliberate Intent
Take the following example of deliberate intent that involves a logging truck.
In a logging truck accident, an employer may have known there was an operational defect with one of the company’s logging trucks. Knowing this, the employer still chose to allow employees to use the truck or conduct regular work operations near the truck. The employer provided no information to employees about the potential hazards they would be exposed to.
In this example, a driver or employee injured because of problems with the logging truck could sue their employer rather than just applying for workers’ comp.
Damages in a Logging Truck Accident Claim
Damages help compensate accident victims for the losses they experienced as a result of a logging truck crash. You can pursue both economic damages and non-economic damages.
The team at our Charleston law office can help you understand the value of your logging truck accident case. Together, we can review your medical and repair bills, changes to your quality of life, and the many ways that the collision affected your finances.
Economic Damages in a Logging Truck Accident
Economic damages compensate logging truck collision victims for the quantifiable losses related to the crash. 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 in a Logging Truck Accident
Non-economic damages compensate logging truck collision 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 for Fatal Logging Truck Accident Cases
If you lose a loved one in a fatal logging truck accident, you can seek damages in a wrongful death claim. Damages sought after a fatal crash include pain and suffering, your loved one’s medical expenses before death, funeral costs, loss of companionship, lost financial support, and mental anguish.
What to Do After a Logging Truck Accident
Following any kind of serious accident, knowing what to do can improve your chances of preserving evidence and maximizing the value of your claim. After a logging truck accident, our lawyers here in Charleston recommend that you take the following steps.
Report the Incident to Local Authorities
Call the police to have them document the scene of the logging truck crash. Per West Virginia Code §17C-4-6, you are required by law to report any accident that results in bodily injury, death, or property damage to more than $1,000. The police will investigate, document the accident scene, and file an official report.
Document the Accident Scene
If you can do so safely, be sure to take photos and videos of the logging truck crash scene. Note any vehicle damage, injuries, debris, road conditions, traffic signs, and other important details. Exchange contact and insurance information with any other parties involved. If there are witnesses present, get their contact information.
Seek Medical Treatment
Getting checked by a medical professional is the most important step after a collision with a logging truck or big rig. You may need to call 911 and go to the hospital for emergency medical care. Some injuries are not immediately apparent following a collision. Go get checked out by a healthcare professional, even if you do not feel pain, just in case.
Notify Your Insurance Company and the DMV
You should call your insurance company to report the logging truck accident. You must also report accidents resulting in injury, death, or property damage of more than $500 to the West Virginia Division of Motor Vehicles.
Avoid Making Statements or Admitting Fault
The other driver’s insurer may ask you to give a statement about the logging truck crash. Do not speak to them. Anything you say to them may be used to deny or minimize your claim, especially if you admit any fault. Avoid posts about your collision and your injuries on social media as well.
Hire a West Virginia Logging Truck Accident Lawyer
The team at Warner Law Offices, PLLC is ready to help. Our attorneys will discuss the details of your accident and how we can help you negotiate with the insurance company. For workers in the timber industry, we can determine if you’re eligible to file a third-party claim or a lawsuit against your employer.
Contact Our Charleston, WV Logging Truck Accident Attorneys
We know that a logging truck accident can be devastating, but there is help available to you during this difficult time. The experienced and compassionate attorneys at Warner Law Offices, PLLC can fight for your right to compensation, whether against an at-fault driver or an employer who failed to communicate about poor equipment or provide proper training. We’re here for the people of West Virginia.
To request a free case review from an experienced logging truck accident attorney near you, contact our Charleston, WV law office 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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