Charleston, WV Truck Accident Lawyers

Commercial Vehicle Accidents in West Virginia

Any car accident can result in serious, life-changing injuries, but collisions with large semi-trucks and other commercial vehicles tend to be especially catastrophic. Due to their immense size and weight, tractor-trailers nearly always cause extensive damage, severe bodily injury, and even death when they collide with other, smaller passenger vehicles.

At Mike Slocumb Law Firm, we know how difficult it can be to get back on your feet after a large truck accident—but you don’t have to do it alone. Our Charleston, WV truck accident attorneys are here to guide you through the legal process, advocate for your rights, and fight for the full, fair compensation you are owed. We know how to hold negligent truck drivers, trucking companies, insurance carriers, and other parties accountable, and we are ready to fight tirelessly for you and your family. 

We offer free consultations and contingency fees, meaning you do not pay anything upfront when you hire our firm. Instead, we only collect attorney fees and litigation-related costs if/when we recover a settlement or verdict for you.

Can You Sue a Trucking Company After an Accident? 

Yes, you may be able to sue a trucking company after an accident in West Virginia if the accident was caused by the negligence of the trucking company or its truck driver. However, there are many complicating factors that may affect whether or not you can bring a claim against the trucking company, or if you may have grounds for a personal injury claim against a separate third party. Trucking accident cases can be complex due to federal regulations and potentially multiple parties involved.

Grounds for a Lawsuit

You'll need to prove the trucking company or driver acted negligently, meaning they breached their duty to operate the truck safely. Examples of negligence include:

• Reckless driving (speeding, drunk driving, fatigued driving)
• Improper truck maintenance
• Violating weight limits or other safety regulations
• Failing to yield or following too closely

The truck driver's negligence must have been the direct cause of your accident and injuries.

West Virginia Fault Laws

West Virginia follows a comparative negligence law. This means if you are found to be partially at fault for the accident, your compensation will be reduced based on your percentage of fault.

Benefits of Suing a Trucking Company

Trucking companies often carry significant insurance policies, which can provide greater compensation compared to a car driver's insurance. A lawsuit can hold the trucking company accountable for safety violations that may have contributed to the accident.

Common Causes of Truck Accidents

The most important aspect of identifying the liable party after a truck accident is determining the cause of the crash. Some of the most common causes of truck accidents include: 

• Truck driver error and negligence 
• Trucking company negligence 
• Improper truck inspections, maintenance, or repairs 
• Overloaded or improperly loaded cargo/freight 
• Hours-of-service violations 
• Failure to comply with federal and state trucking regulations
• Truck defects 
• Defective roadways 
• Poor roadway maintenance or repairs 

Our Charleston, WV truck accident attorneys work with a team of accident reconstructionists, economists, medical professionals, and other experts to investigate the cause of the accident, identify the liable party, and evaluate the extent of our clients’ injuries. This allows us to develop strong claims and innovative legal strategies designed to maximize our clients’ recoveries.

Other Responsible Parties in a Trucking Accident

In addition to the trucking company, you could have a claim against one or more of the following parties: 

• The truck driver 
• A manufacturer 
• The entity responsible for truck maintenance or repairs 
• The party responsible for loading truck cargo/freight
• A construction company or municipal entity 
• Another motorist on the road 

Because truck accident claims are so complex, it is important that you work with an experienced attorney, like those at Mike Slocumb Law Firm, who can help you navigate the recovery process. We encourage you to reach out to our firm today to request a free consultation with a member of our team.

Different Types of Truck Accidents

Large truck accidents can be devastating due to the sheer size and weight of commercial vehicles. Understanding the different types of truck accidents can help you stay aware of potential dangers on the road:

• Rollover Accidents: Occur when a truck loses balance and tips over onto its side or even roof. Caused by factors like speeding, sharp turns, aggressive maneuvers, or uneven road conditions. Can be especially dangerous for smaller vehicles caught underneath the overturned truck.
• Jackknife Accidents: Happen when the trailer of a truck swings out at a sharp angle relative to the cab, resembling a folding jackknife. Often caused by sudden braking, slick roads, or the truck driver losing control. Creates a large hazard on the road, blocking multiple lanes of traffic and potentially striking other vehicles.
• Rear-End Collisions: Similar to car accidents, but the consequences can be more severe due to the truck's weight. Caused by distracted driving, following too closely, or inadequate braking by the truck driver. Smaller vehicles can become lodged under the truck trailer in these collisions.
• Underride Accidents: Occur when a smaller vehicle crashes underneath the rear of a truck trailer. Often fatal due to the severe crushing impact. Can happen due to car driver errors or inadequate truck guardrails.
• Sideswipe Accidents: Occur when the side of a truck collides with another vehicle traveling alongside it. Caused by factors like blind spots, lane changes without proper signaling, or misjudging lane width. Trucks have large blind spots on their sides, posing a risk to motorists in these areas.
• Head-On Collisions: Among the most dangerous types of truck accidents due to the head-on impact forces. Caused by factors like driver fatigue, impaired driving, or swerving into oncoming traffic. The consequences can be catastrophic for both parties involved in the head-on collision.
• Cargo Spills and Falling Objects: Accidents involving unsecured cargo on trucks can cause debris to fall onto the road. Loose cargo can also shift and cause the truck to become unbalanced, increasing the risk of rollovers or jackknife accidents. Falling objects can strike other vehicles or create road hazards that lead to further accidents.
• Truck Driver Negligence: A significant factor in many truck accidents. Examples include:
  • Distracted driving (texting, talking on phone, eating)
  • Speeding
  • Driving under the influence of alcohol or drugs
  • Drowsy driving
  • Failing to yield or improper lane changes
  • Violating traffic regulations

Common Truck Accident Injuries

The immense size and weight of commercial trucks compared to passenger vehicles means that truck accidents often result in serious, life-changing injuries for those involved.

Some common truck accident injuries include:

• Head and Brain Injuries: These are some of the most severe and potentially fatal outcomes of truck crashes. The force of the impact can cause a range of injuries, from mild concussions to traumatic brain injuries (TBI) with long-term consequences.
• Spinal Cord Injuries: The trauma from a truck accident can damage the delicate spinal cord, resulting in partial or complete paralysis.
• Broken Bones: Fractures are frequent in truck accidents, with legs, arms, ribs, and collarbones being especially vulnerable due to their exposed position in a collision.
• Internal Injuries: Blunt force trauma from a truck accident can cause internal organ damage, including injuries to the lungs, spleen, liver, or kidneys.
• Amputation and Disfigurement: The severity of truck accidents can sometimes lead to limb amputations or permanent disfigurement.
• Whiplash and Back Injuries: The sudden, forceful movements in a truck accident can cause whiplash, a soft tissue injury to the neck and shoulders.
• Psychological Trauma: Truck accidents can be incredibly stressful and traumatic experiences.
• Long-Term Effects: This may include chronic pain, disability, limited mobility, and even psychological issues.

For more information, including how we can help with your truck accident lawsuit in West Virginia, call (304) 802-2115 or contact us online.