Skip to content
Morgantown
Truck Accident Lawyer
Truck accidents can cause immense loss and pain for victims, affecting the rest of their lives. Sadly, these accidents are often the result of negligence and leave you to pay the price. However, if you have been wrongfully injured, you have the right to hire a truck accident lawyer in Morgantown, WV, to help you fight back and get compensation by holding them responsible for their actions.
At Warner Law Offices, PLLC, we stand up to trucking companies and their insurance companies so they don’t get away with negligence and other violations. When you hire our team, you are paired with a Morgantown personal injury lawyer who guides you through each step and provides counsel based on the specific circumstances you are facing. We stand by you and fight fiercely to secure the best possible outcome for your case. For a free consultation, contact our law firm today.
The High Stakes of Commercial Truck Accidents on Morgantown Highways
When you are traveling on Interstate 79, Interstate 68, or elsewhere in Morgantown, you are likely to run into commercial semi-trucks. These vehicles can weigh up to 80,000 pounds when fully loaded and are a force to be reckoned with on the road. Not only do they have a large presence, but their size and weight also make it harder for them to maneuver and to make quick stops. These factors make semi-trucks highly dangerous, since smaller vehicles generally absorb more impact than larger vehicles.
According to the Insurance Institute for Highway Safety (IIHS), large trucks contributed to 5,340 deaths in the most recent year of data. Of these fatalities, 62% were motorists, 19% were pedestrians, and 17% were truck occupants. Approximately 51% of these events occurred on major roads, and 30% occurred on highways.
Whether you have been injured or your loved one has been killed in a truck accident, it is important to consult a Morgantown semi-truck crash lawyer right away after an accident.
Identifying Multiple Liable Parties in a Semi-Truck Crash
While you may consider hiring a Morgantown car accident lawyer after an accident, you should enlist the services of a commercial truck accident attorney instead. These types of collisions are unique and involve different factors than the average car crash. One of which is that multiple parties could be liable for causing the accident.
Who Can Be Held Liable in a Trucking Accident?
Determining who is liable in a truck accident is often complicated because it requires extensive investigation. Liable parties could include:
- Truck Drivers: Truck drivers who speed, drive aggressively, or are exhausted, distracted, or impaired can have reduced reaction times and directly cause an accident.
- Truck Companies: Truck companies can be at fault for overworking their drivers, failing to vet or train them, failing to conduct regular inspections or maintenance, or failing to adhere to federal regulations.
- Cargo Loaders: These parties can be at fault if they do not distribute cargo evenly, fail to secure cargo, or overload a truck.
- Mechanics and Maintenance Technicians: Mechanics and technicians can be held liable if they fail to fix known issues, perform substandard repairs, or fail to update or fix truck software.
- Manufacturers: Truck or parts manufacturers can be sued if the accident was caused by a design or production defect or inadequate warnings.
Your lawyer works diligently to identify which party contributed to the accident and gather evidence to support your claim. This helps streamline your case and ensure you are holding the correct party liable for negligence.
“I wouldn't hire a lawyer that wasn't born and raised in West Virginia, who didn't have connections throughout the state, whose employees weren't born and raised here. I think that's really important for West Virginia juries, and I want somebody that has had results.”
Federal Safety Violations and Commercial Vehicle Investigations
The Federal Motor Carrier Safety Administration (FMCSA) provides federal oversight and regulations that trucking companies and drivers must follow to adhere to the law. These regulations are designed to ensure road safety and minimize accidents, and the FMCSA enforces these regulations when they are violated by truck drivers, truck companies, or other applicable parties. Some regulations that the FMCSA sets and enforces include:
- Requiring drivers to keep hours-of-service logs to track their on-duty and driving hours
- Specifications on what data must be tracked by electronic logging devices (ELDs)
- Mandating that trucking companies keep driver qualification files on record
- Requiring drivers not to exceed the established weight limit for their truck
- And more
What Happens When Federal Regulations Are Ignored?
When truck drivers or companies fail to adhere to these regulations, an FMCSA violation attorney in West Virginia can use such breaches to establish negligence on the part of these parties.
Your lawyer can gather evidence during your case that can support your claim and show the other driver’s fault in detail. Service logs showing excess hours, black box data showing speeding, records of excessive weight, and more can all be used in your case.
Securing and Preserving Critical Evidence from the Trucking Entity
After an accident, it is critical to hire a truck accident lawyer in Morgantown right away so they can help you preserve evidence. They can issue a spoliation letter that demands that truck companies preserve evidence, such as black box data, the driver’s cell phone records, internal inspection records, and more. Since this information may only be retained for a limited period, and truck companies have no incentive to keep records that could implicate them, quick action is necessary.
A spoliation letter helps ensure that truck companies do not destroy or damage evidence that could be used in the case. This allows your lawyer to review the information as they investigate the cause of the accident and determine who was at fault. An FMCSR violation attorney in West Virginia can also determine if federal regulations were violated as they review the evidence.
Catastrophic Injuries Associated with Large Commercial Wrecks
Truck collisions are more likely to cause catastrophic injuries because of their immense weight and size. When paired with elevated speeds, these accidents can be even more severe or fatal. Victims of truck accidents may suffer:
- Traumatic brain injuries (TBIs)
- Internal bleeding and organ damage
- Complex fractures
- Soft tissue injuries
- Nerve damage
- Spinal injuries (which could contribute to paralysis)
The Lasting Effects of a Catastrophic Injury
Many of these injuries have long-term implications and require lifelong care and management. These needs can be further exacerbated if victims face complications due to their original injuries.
The cost of injuries from these conditions can be steep, especially when factoring in lifelong care. As such, a commercial truck accident attorney talks with medical experts when calculating your losses, so that your settlement includes the value of your ongoing care.
Strategic Litigation Against Well-Funded Corporate Defense Teams
Truck companies and their insurance companies may fight back aggressively when faced with a lawsuit because they could face fines and steep penalties for negligence and violations of federal regulations. This means they may use a variety of tactics to shift blame and avoid responsibility. As a result, settling your case out of court may not always be possible.
A commercial truck accident attorney is prepared for this and is ready to take your case to trial so you can get the results you need. We remain ready to fight aggressive tactics and use strong evidence to link the truck company and related parties to the losses you sustained. We also review the evidence they submit in discovery during the lawsuit so we can effectively tailor how we build your case and what strategies we use. By going to court, we can increase your chances of a favorable outcome.
“The insurance companies know very well which law firms have the skill, resources, and stamina to hold them accountable for these tragic accidents. At Warner Law Office, we've been doing just that for over 20 years. ”
Frequently Asked Questions About Trucking Accidents
A truck’s “black box” provides critical information about a truck’s speed, brake usage, hours-of-service logs, and more. This data is generally retained for a limited time, and truck companies may be reluctant to preserve it after a crash. Hire a Morgantown semi-truck crash lawyer to preserve this data and use it to help establish the driver’s negligence.
According to the FMCSA’s hours of service regulations, truck drivers may be on duty for a maximum of 14 hours but can only drive a maximum of 11 hours. There must also be 10 consecutive hours off duty between shifts. If a driver fails to follow these rules, they could face penalties and fines. Talk to an FMCSR violation attorney in West Virginia if you were injured because a truck driver was over their driving limit.
A trucking company can be held liable if a highway accident occurs due to mechanical failure. Truck companies are responsible for regularly inspecting and maintaining their trucks. Failing to do so or allowing a driver to drive with a known mechanical issue can be grounds for liability. Talk to a Morgantown semi-truck crash lawyer about how to hold the company accountable for mechanical failure.
Contact Our Morgantown Truck Accident Attorneys Near You
Warner Law Offices, PLLC helps you navigate the complexities of truck accident cases so you can be sure to recover any compensation you may be entitled to. With a Morgantown truck accident lawyer by your side, you can fight back when liable parties avoid taking responsibility. Our team is here for you and provides you with exceptional and effective service. Contact our law firm today to schedule a free consultation.
Consultation
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.
Call us 304-345-6789 or
Consultation