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Dump Truck Accident Lawyer in Huntington, WV
Dump trucks are massive, often weighing in over 26,000 pounds. The force of an impact with these large vehicles can cause catastrophic damage to persons and property. If you or a loved one has been injured, you need a dedicated dump truck accident lawyer in Huntington, WV to help level the playing field.
At Warner Law Offices, PLLC, our experienced truck accident lawyers in Huntington can handle every aspect of your case. We pride ourselves on fighting for injured West Virginians, helping them seek justice and the compensation they deserve.
How Long Do You Have to File a Claim After a Dump Truck Accident?
In West Virginia, the clock starts ticking the day of the accident. According to WV §55-2-12, personal injury claims have a deadline of two years. You must file your dump truck accident claim before the 24 months are up, or else you may be barred from recovering any compensation.
Two years may seem long, but many victims prioritize healing and forget until the bills begin to pile up. While it is never wrong to prioritize your health, an attorney can get involved at the beginning, gathering and preserving key evidence and filing all the paperwork. It can take a long time to settle a truck accident lawsuit in West Virginia. Let Warner Law Offices, PLLC give you the peace of mind so you can focus on recovery.
How Long Do You Have to File a Claim After a Dump Truck Accident?
In West Virginia, the clock starts ticking the day of the accident. According to WV §55-2-12, personal injury claims have a deadline of two years. You must file your dump truck accident claim before the 24 months are up, or else you may be barred from recovering any compensation.
Two years may seem long, but many victims prioritize healing and forget until the bills begin to pile up. While it is never wrong to prioritize your health, an attorney can get involved at the beginning, gathering and preserving key evidence and filing all the paperwork. It can take a long time to settle a truck accident lawsuit in West Virginia. Let Warner Law Offices, PLLC give you the peace of mind so you can focus on recovery.
How Warner Law Offices, PLLC Can Help with Your Dump Truck Accident Case
Our personal injury law firm has been helping the people of West Virginia for decades. At Warner Law Offices, PLLC, we will dive deep into your truck accident case with a hands-on approach tailored to the specifics of your claim. We conduct our own investigation, exploring the possibility of mechanical failures to decoding data logs.
We Carefully Reconstruct the Dump Truck Accident
Our dump truck accident lawyers will start by mapping out your collision and using reconstruction experts to recreate pertinent details. The Huntington area is full of rolling hills, and many roads are steep with sharp turns. The highways, along with U.S. Route 60 and West Virginia Route 2, are prone to large truck accidents, including dump trucks. Reconstructing the accident can help establish liability in the accident.
In addition, we can subpoena maintenance records from the dump truck company and explore if there were issues with skipped inspections or faulty brakes. We can also scrutinize the type of dump truck to determine if it was overloaded, violating weight limits set by the state.
We Negotiate Aggressively and Keep You Updated
Our lawyers will aggressively negotiate with the insurance company, making sure they do not undervalue your claim. In some cases, big insurers may ignore long-term medical costs, like rehabilitation expenses or home medical equipment for extensive injuries. We have secured settlements for our clients that cover the full scope of their medical necessities.
Our clients get personal updates, even after the case has settled, as seen in our client reviews. If you are facing a dump truck crash in Huntington, WV, our detailed strategy will turn the chaos in your life into a roadmap for compensation.
Understanding Liability in Dump Truck Accidents
To understand how liability works in a dump truck accident, it is important to be familiar with West Virginia comparative negligence laws. Modified comparative fault conceptualizes liability as a percentage that can be assigned to multiple parties, when necessary. For example, you can be partially to blame for the accident and still recover damages. However, under modified comparative negligence, you cannot claim compensation if you are found to be more than 50% at fault.
Establishing fault requires close examination of evidence, including dash cams, witness accounts, and truck logs. Sometimes, insurers may fight the true value of your claim, insisting you contributed more to the accident by citing sudden stops or veering into the dump truck’s blind spot. Our team will work tirelessly to protect the integrity of your claim by collecting critical evidence.
Who Can Be Held Responsible in a Dump Truck Accident?
The Dump Truck Driver
While statistics specifically for dump trucks are limited, an analysis of dump truck-related injuries in the US reports over 5,000 catastrophic or fatal cases over a 10-year period. Of those, the driver or the trucking company was found to be at fault in the majority of cases.
Over half of serious dump truck accidents were the result of serious OSHA violations by the driver. Dump trucks need adequate braking time to come to a complete stop. The most commonly cited violation in dump truck accidents was tailgating, followed closely by speeding and improperly backing up.
The Trucking Company
Private companies control and operate 90% of waste management services, including dump trucks. If you are hit by a negligent truck driver, the company that owns the vehicle may be held responsible. A company may be directly liable for negligent hiring practices or improper training.
In addition, private waste management companies may face vicarious liability for the actions of their employees. Vicarious liability may apply when a driver’s conduct is within the scope of their employment. For example, vicarious liability may apply if the dump truck driver backs into you after picking up a load of trash. However, if the employee is on break at the time of the accident, liability may fall solely on the driver.
Vehicle Manufacturers and Mechanics
Dump trucks are massive vehicles that require a great deal of upkeep. Defective parts, like faulty hydraulics or improperly maintained engines, can cause a range of issues that lead to a collision. A dump truck’s hydraulic system has been known to cause tip-overs. The engine needs frequent servicing due to the demanding use of the vehicle. Dump truck manufacturers, inspectors, or maintenance companies may be held liable if a mechanical or manufacturing failure leads to your accident.
Government Entities and Municipalities
Most dump trucks owned or leased by the local government involve massive projects. If you are struck in a construction area, your dump truck accident attorney may find that the West Virginia Division of Highways (DOH) owns the truck and is therefore responsible for your injuries.
Filing a claim with local, state, or federal government involves special procedures. Your lawyer may need to file a notice of claim and meet several strict deadlines for a successful case, according to W.V.§55-7-11a.
Top Causes of Dump Truck Accidents in Huntington, WV
Most dump truck crashes occur on windy, steep roads with sharp turns and sudden elevation changes. These collisions tend to increase on busy roads like Interstate 64 and U.S. Route 60. Understanding the root cause of a dump truck accident can help you build a strong case against the negligent party or parties.
At Warner Law Offices, PLLC, our dump truck crash lawyers in Huntington will determine the cause of your accident through collision reports and detailed reconstruction analysis. Some key causes of dump truck accidents include:
- Driver Inexperience: Inexperienced dump truck drivers may take turns too fast and tip over, not leave themselves enough room to stop, or fail to check their blind spots and back into another person or vehicle.
- Willful Misconduct: Some drivers may willfully ignore regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Common violations include driving under the influence of stimulant drugs, falsifying data logs, or exceeding the federal driving limits. Reckless driving is also considered willful misconduct.
- Improper Loads: Different weight limits apply to various dump trucks. A heavy-duty dump truck can weigh up to 80,000 pounds, while a light-duty truck may weigh between 10,000 and 26,000 pounds fully loaded. If the load exceeds the truck’s weight limit, the hydraulics may buckle, the truck could tip over, turning into traffic, or the truck may need a greater stopping distance to make up for the excessive weight.
- Mechanical Failures: With large loads and long hours, dump trucks need to be in great working condition to keep pace. However, worn brakes can fail, causing a fully loaded dump truck to plow into a stopped car. Tires can blow, causing a massive accident on a busy highway. When a truck skips inspection or there is a mechanical defect on the manufacturing side, a small flaw can turn fatal.
- Poorly Maintained Roads: In some cases, construction in Huntington can leave major potholes or debris in the roads that can lead to a dump truck accident. Uneven surfaces can contribute to a truck tipping over, especially if the bed is raised. Loose gravel and other debris can cause the driver to lose control and swerve into traffic.
A skilled dump truck accident lawyer can spot these causes early and use them to support your claim. In some cases, causes and contributing factors combine and show there are multiple parties at fault, strengthening your case.
Common Injuries from Dump Truck Accidents
Dump trucks can deliver devastating force when they crash into other vehicles. Their size and weight create a high-impact collision, leading to severe and catastrophic injuries. The physical and emotional damage can be life-altering, requiring a lengthy recovery and steep medical costs.
The compassionate attorneys of Warner Law Offices, PLLC, are devoted to understanding the full medical scope of your injuries and how they affect you and your family’s lives.
- Traumatic Brain Injuries (TBIs): Head injuries are some of the most common injuries in truck accidents. However, TBIs are much more severe, defined by the brain slamming against the inside of the skull and leading to severe cognitive impairment.
- Spinal Cord Injuries: Rear-end accidents and T-bone collisions often cause damage to the spinal cord. Victims can suffer a range of issues from whiplash to paralysis. Nerve damage can create lifelong pain.
- Broken or Fractured Bones: The force of the impact with a dump truck can be severe, shattering legs, arms, and ribs. Recovery may include having rods or pins implanted to help heal and strengthen bones. Too often, fractures and messy breaks can lead to complications like infection.
- Internal Organ Damage: Severe dump truck accidents can lead to major internal organ damage and bleeding. The organs most at risk are the liver, spleen, and lungs due to the high-impact force of a collision.
- Crush injuries: In some cases, a person can be pinned under debris or the truck itself. Under these circumstances, an arm or leg may lose circulation, leading to the risk of amputation.
- Soft Tissue Damage: Damage to the soft tissue can cause lingering or chronic pain. Even minor truck accidents can lead to sprains and torn ligaments.
- Lacerations and Burns: Dump trucks carry all manner of hazardous material, including shattered glass, waste, and chemicals. These can lead to severe cuts, exposure, and chemical burns. In addition, if the dump truck is hauling something flammable, a crash can cause a fire that spreads to the fuel. Victims may sustain serious burns, causing scarring, nerve damage, and possible infection.
Catastrophic injuries can have a ripple effect on your life, leading to loss of employment and family strain. Our dump truck accident attorneys will fight for the full value of your claim.
What is My Huntington Dump Truck Accident Worth?
The worth of your accident claim depends on several factors. It is important to note that every case is different. The particulars of your dump truck accident will determine what damages you qualify to recover.
Economic Damages
The losses you suffer in an accident may be tangible or intangible. Tangible losses are considered economic damages and include the monetary costs associated with the accident:
- Medical expenses
- Lost wages
- Loss of future income
- Property damage
Non-Economic Damages
Intangible losses are considered non-economic. The pain you suffer during the accident and after may not have a bill to show, but the suffering is still potent. Victims of dump truck accidents often suffer PTSD and mental anguish while recovering. For some, the emotional distress stays with them for several years.
When a person suffers permanent injuries, they may experience a loss of interest in the things that once made them happy. Depending on your case, your attorney may claim loss of enjoyment of life damages.
Contact Our Dump Truck Accident Attorneys in Huntington, WV
Warner Law Offices, PLLC is proud to have served the people of West Virginia for more than 25 years. We are dedicated to the community and the needs of injured West Virginians. When representation counts, we’re here for you. Contact us today to schedule a free consultation to discuss the details of your case and how best to protect your rights.