Skip to content
Truck Accident Lawyer in Huntington, WV
When a truck collides with anything, it can mean devastating damage. This may be property damage or physical injury to a person. If you have been injured in a truck accident, you need the support of a knowledgeable truck accident lawyer in Huntington, WV. At Warner Law Offices, PLLC, our West Virginia personal injury lawyers are ready to fight for you so you can focus on your recovery. Set up a free consultation with our attorneys today.
How Common Are Truck Accidents in Huntington, WV?
Huntington is a relatively small town with a population of about 46,000 people over 16 miles. On average, we drive about 20 minutes to work each day in addition to any other travel you must do. Although those of us who heard of the truck accident on 52 know that you do not have to be on the roads for a truck to injure you.
In the most recent reporting year, the Federal Motor Carrier Safety Administration reported 940 accidents involving large trucks. Of these 940 accidents, 19 people died and 239 suffered injuries.
Why Large Commercial Trucks Are So Dangerous
Commercial vehicles in can weigh as much as 80,000lbs, and according to a weight map issued by the West Virginia Department of Transportation, areas around Huntington, like I-64, US-60, and US 52 allow trucks weighing between 65,000 and 80,000 lbs.
When a 65,000lb vehicle collides with an average commuter vehicle, the truck driver typically suffers far less significant injuries compared to the occupants of a smaller car. This means that truck drivers have an obligation to navigate roads with the utmost care.
You Have Limited Time to File a Truck Accident Lawsuit
According to West Virginia Code Statute 55-2-12, injury victims have two years from the time of the accident to take legal action. This can feel like a long time, but most settlement negotiations do not start with a lawsuit; they begin outside of civil court. This means that you typically will go through the investigation and negotiation process before determining that legal action, like a lawsuit, is necessary.
If you wait too long to begin the process, you may find yourself pressured to accept an unfair settlement amount to avoid taking the case to court, or you may be forced to file a lawsuit because you do not have adequate time to engage in thorough negotiations.
Our team will meet with you to discuss your situation at any point in your case, but we will have the most opportunity to intervene on your behalf when you call us right away.
Our Huntington Truck Accident Lawyers Are Here to Help
The team at Warner Law Offices, PLLC, was born and raised in West Virginia. This connection means our understanding of the local courts and system is better than most. Having lived among our client base most of our lives, we consider you neighbors as much as clients, and our relationship will not end just because your case does. We want to know how our clients are doing and value an ongoing relationship.
Serving West Virginians for Over 20 Years
Our firm has been serving West Virginians for more than 20 years. At that time, we had recovered more than 20 million dollars for personal injury victims and their families. You cannot plan for a truck accident, and sometimes they happen outside of normal office hours. To make sure you are never left without support, we are available to clients any time they need us 24/7.
We Care About the Local Community
The dedication we feel towards our community goes beyond just our clients. We regularly donate a portion of profits to charities, food banks, non-profits, and other support services that help West Virginia residents. At the end of your case, you can feel good knowing that you sought justice, supported a small law firm, and contributed to your community in need.
Clients Only Pay Our Truck Accident Attorneys If We Win
Part of our commitment to the community is that we offer our services on contingency. This allows you to get the legal representation you need without the fear of legal fees that you cannot recover. You only pay when we win, and even then, it is a previously agreed-upon amount or percentage.
Common Causes of Truck Accidents
Commercial vehicles are vulnerable to the same causes of accidents as your typical personal vehicle. However, they can also be negatively affected by conditions that may not be significant for other drivers. Some of the many causes of truck accidents we see include:
- Driver fatigue
- Speeding
- Steep hills
- Sharp turns
- Shifting cargo
- Mechanical failure
- Distracted driving
- Negligent hiring and training
The root cause of an accident can be a driver error, road conditions, or other third-party negligence, among many others. Understanding the cause of the accident can provide necessary information to determine who is responsible.
Determining Liability in a Truck Accident Is Not Always Simple
Truck accidents are often inherently more complicated than other types of accidents because of the parties involved. Oftentimes, a truck driver is an employee or contractor of a larger trucking company. When they are employed, they might be considered the same entity as their employer. If the driver is a contractor, you may need to address claims through their insurance as well as the truck owner’s policy if the driver was at fault.
However, suppose the accident occurred because of shifting cargo. The driver responded appropriately, but still hit you. In this case, we may find that the logistics company or cargo loaders were negligent in safely loading the cargo, causing the shift and accident. This finding may expose the logistics company to liability.
West Virginia’s Modified Comparative Negligence Laws
In some situations, negligence from multiple parties may have caused the accident, and diligent truck accident lawyers will work to help you identify all possible sources of fault.
Many truck accident injury victims might be hesitant to contact an attorney if they feel like they contributed to their injuries in any way. However, West Virginia’s modified comparative negligence statute 55-7-13 allows you to recover compensation for your injuries as long as you were less than 50% responsible.
Comparative negligence can protect you from waiving your right to damages as long as someone else is mostly responsible, but if the other party’s insurance company tries to unfairly push responsibility onto you, your ability to recover compensation may be at risk.
The Insurance Company Is Not Your Friend
Insurance companies operate under a for-profit model, meaning they prioritize reducing claim payouts in any way they can. Unfortunately, this typically comes at the expense of the injured party. In the days following your accident, the insurance adjuster from the other party’s company may call you to get a statement.
If you have already spoken with one of our Huntington truck accident attorneys, you may be well prepared for this conversation, but if you have not consulted with a lawyer, you may accidentally damage your case. They may try to chat with you casually, asking how you are doing and feeling, and giving well wishes. You should know that anything you say to them may be used against you.
For example, if you tell them you are feeling “fine,” they may take that recorded conversation and use it to discredit the severity of your injuries. You may have meant that you were fine given the situation, but these kinds of statements can pose challenges to maximizing what you can recover.
We Can Help You Navigate West Virginia’s At-Fault Insurance Claim Process
The state of West Virginia operates with an at-fault insurance model. This means that the person responsible for the accident is liable for the damages. This can be helpful because it keeps injury victims from having to cover the expenses caused by someone else, but it can make insurance companies hesitant to accept responsibility.
Some of the more common situations that they may push back are when the damages are high and injuries are severe, as well as situations where they feel they have strong evidence against their own negligence.
Our Truck Accident Lawyers Provide Holistic Legal Representation
Some cases may be obvious in who is responsible, but if the insurance company thinks they can avoid liability, they are almost certain to try. We can help you avoid or overcome this pushback in a few ways:
- We will investigate the situation to determine what happened
- We will gather the necessary evidence, such as police reports, medical records, and black box data
- Our team uses the gathered evidence to present your case for compensation to the insurance company and negotiate on your behalf
- If they are unwilling to make a fair and appropriate settlement offer, we can help you file the paperwork for a lawsuit and take your case to trial
The team at Warner Law Offices, PLLC will keep you in the loop every step of the way, answering your questions and advising you when it’s time to make decisions.
Common Truck Accident Injuries
The injuries you sustain in a truck accident are often devastating. An impact that may just be a little fender bender from a car can result in significant soft tissue injury. Some of what we commonly see in the cases we take can include:
- Soft tissue injuries like whiplash
- Traumatic brain injury
- Broken bones
- Internal bleeding
- Lacerations
- Crush injuries
- Nerve damage
- Spinal cord injury
- Burns
- Anxiety or post-traumatic stress disorder
This list is, in no way, exhaustive. However, it shows that there is no specific type of truck accident injury. These injuries can have a lasting effect on your life, requiring surgical intervention, ongoing treatment, or chronic pain. Treating them can be costly, and you should not have to shoulder the burden that someone else gave you.
Compensation Available in a Semi-Truck Accident Case
When you pursue a lawsuit for injuries a truck accident caused, many people get a sense of closure and justice because they were able to make their case and bring public awareness to the situation. This sense of closure can be helpful, but most people are seeking financial compensation for the immeasurable losses they experience.
These claims are known as damages and typically fall into one of a few categories. Our Huntington truck accident lawyers will help you understand how much your case is worth.
Economic Damages in a Large Truck Accident Case
Economic damages typically refer to those that come with a specific price tag. These are things like medical bills, lost wages, and the cost of repairing or replacing property. A truck accident attorney or judge can usually calculate these pretty easily.
Non-economic Damages in a Large Truck Accident Case
Non-economic damages refer to those that do not have a clear monetary value. These are often things like pain and suffering or loss of consortium for an injured spouse. It can be more difficult to assign a value to this, but it is often done based on the value of non-economic damages.
Punitive Damages in a Large Truck Accident Case
Punitive damages are not meant to be an award to the victim, but are reserved for extreme situations with gross negligence, malice, or particularly abhorrent behavior. West Virginia Code 55-7-29 poses a punitive damages cap of $500,000 or 4 times the amount of compensatory damages, whichever is more.
Compensation After a Fatal Big Rig Crash
If you have lost a loved one in a fatal tractor-trailer accident, certain family members or legal representatives may be eligible to file a wrongful death claim on behalf of surviving family members. These claims often address the losses you suffer from their death, including emotional losses and the loss of support or domestic services.
No amount of money will bring back your loved one or make you forget them, but a wrongful death claim may provide the financial cushioning you need to grieve and find your new normal without additional financial burdens.
Contact Our Truck Accident Lawyers in Huntington, WV
A semi-truck accident can be a significant source of stress and trauma, and it is reasonable to hold the responsible parties accountable for the harm they cause. Many of the injuries you sustain can be life-changing, even if they are only in the short term, and you should not have to face those consequences without accountability.
At Warner Law Offices, PLLC, we are your neighbors and are committed to our community. Call us today to schedule a free case consultation so we can discuss your situation and get the support you need.
Consultation