If you drive in West Virginia, you have seen your fair share of semi-trucks on the road. While commercial trucks provide a valuable service to our state, they are also responsible for several serious accidents. In 2022 alone, 1,188 commercial trucks and buses were involved in accidents in West Virginia – causing 483 injuries and 36 deaths.
Victims of truck accidents can pursue legal action against the at-fault party for their losses. Depending on the facts of your case, you may be able to file a personal injury lawsuit against the truck driver, the trucking company, the business responsible for maintaining the truck, a government agency, or the manufacturer of a defective park. Our West Virginia truck accident attorneys will examine every avenue to help you get full compensation for your injuries.
Based in Charleston, Johnstone & Gabhart represents accident victims throughout West Virginia. We handle all cases on a contingency fee basis, meaning you’ll never pay a fee unless we recover money for you. Reach out to our law offices today to schedule a free initial consultation with a West Virginia personal injury lawyer.
Who May Be Liable for a West Virginia Truck Accident?
If you were in a crash with a commercial truck, you might be contemplating filing a lawsuit against the truck driver and/or their employer. However, in some situations, there might be other parties that you could sue for your losses.
Personal injury claims are usually based on a theory of negligence, which is a type of carelessness. In some cases, a lawsuit may be brought for intentional or reckless conduct. Generally, the accident victim – or plaintiff – will have the burden of proving that the at-fault party (defendant) was responsible for the crash.
Truck accidents have many different causes, such as:
- Driver fatigue
- Distracted driving
- Driving under the influence of alcohol and/or drugs
- Speeding
- Failure to check blind spots
- Bad or delayed vehicle maintenance
- Defective truck parts
- Improperly loaded cargo
- Poor road conditions
While truck drivers and trucking companies are almost always defendants in truck accident cases, there may be other liable parties. Our law firm will perform a full investigation of the facts of your case, reviewing black box data, police reports, photos, and videos to determine who exactly was at fault for your accident. We will work tirelessly to ensure that every responsible party is held accountable – and that you get maximum compensation for your claim.
Truck Drivers
If a truck driver drove carelessly or in an unsafe way, then they could be held responsible for your injuries after a big rig accident. For example, if a truck driver changes lanes without checking and slams into a car, that would be considered negligent behavior. They could be held responsible for any injuries that they cause in a truck accident lawsuit.
In some cases, the accident victim won’t have the burden of proving that the truck driver was negligent. Under the legal theory of negligence per se, if the defendant violated a law that was designed to protect the public and caused an accident, they are presumed to have been negligent. The burden then shifts to the defendant to prove that they weren’t negligent.
Consider a situation where a truck driver rear-ended a passenger vehicle at a red light because they were texting and driving – which is illegal in West Virginia. In this situation, the truck driver is considered negligent per se because these laws were designed to protect West Virginians from the dangers of distracted driving.
Trucking Companies
If the truck driver worked for a trucking company, their employer will also be a defendant in a truck accident lawsuit. Generally, employers are responsible for the actions of the employees when they are working under the doctrine of respondeat superior (which may also be referred to as vicarious liability). In other words, if a truck driver causes an accident while they are driving for their employer, then the truck company will typically be responsible for any losses that occur.
Trucking companies can also be held responsible for their own negligence. This may include using unqualified drivers (negligent hiring), using overloaded, overweight, or unbalanced trailers, failing to maintain trucks, or overworking their drivers. For example, if a truck company has policies in place that effectively force their employees to violate federal hours of service rules, they could be held responsible for any accidents that their fatigued drivers cause.
Truck companies are defended in these lawsuits by their insurance companies. It can be daunting to take on major corporations with their teams of lawyers and adjusters. Our experienced West Virginia truck accident attorneys won’t back down from the challenge – and will fight to get you a fair settlement for your injuries.
Truck Maintenance Companies
The mechanics who last serviced a semi-truck involved in an accident may also be held liable for any losses caused by improper truck maintenance. If they failed to properly install new brakes, for example, and the crash was caused by the truck’s brakes failing, they could be held responsible for any injuries that result.
Our lawyers will work with experts who can examine the truck itself for any evidence that it was not properly maintained. We will also review maintenance records and black box data to determine if there is a potential claim against the maintenance company that failed to service the truck correctly.
Truck Part Manufacturers
If the truck accident was caused by a dangerous or defective truck part, then the manufacturer, retailer, or distributor of that part could be held responsible for the accident in a product liability lawsuit. For example, if the truck had a tire blowout that was caused by a bad tire, then you could bring a claim against the manufacturer of that tire.
Product liability claims are a bit different from other personal injury cases because they are based on a theory of strict liability. This means that you won’t have to prove that the defendant was negligent. Instead, if you can show that the defendant designed, manufactured, or sold the part, that the part was defective, and you suffered an injury because of the defective part, then they are liable for your losses. Our legal team has substantial experience handling product liability claims on behalf of accident victims, including clients who were hurt in truck crashes.
Government Agencies
Sometimes, motor vehicle accidents are caused by things like poor road conditions or improper signage. In these cases, you might be able to bring a lawsuit against the government agency responsible for those problems. For example, if a state agency failed to fix a big pothole that caused a truck accident, then they could potentially be held responsible for your injuries.
Because of the special protections that the government enjoys, there is a separate procedure – with shorter timelines – for filing a lawsuit against a state, county, or local government agency in West Virginia. Our truck accident attorneys will work with you to ensure that your claim is filed properly and on time.
Hurt in a Truck Accident? Reach Out Today.
Truck accidents can be incredibly scary – and are also known to cause serious and sometimes fatal injuries. Our law firm advocates for the rights of truck accident victims, digging into the facts of the case to ensure that every potential defendant is held responsible for their accidents. By working with our seasoned West Virginia truck accident lawyers, you can get justice for your injuries and maximum compensation for your losses.
Johnstone & Gabhart fight for the rights of injured West Virginians, aggressively pursuing all potential compensation in automobile accidents. We offer free initial consultations to all prospective clients and never charge a fee unless we recover money for you. To learn more or to talk to a member of our legal team, give us a call at 304-343-7100 or fill out our online contact form.
