If you live in the Parkersburg-Vienna area, then you’re probably familiar with the big rigs that often roar up and down I-77 and Route 50. These tractor-trailers are necessary, but they can be nerve-wracking when you’re on the road with them. This is particularly true given the number of truck accidents in the Parkersburg, West Virginia region.
Truck accidents are often associated with incredibly serious injuries given the difference in size and weight between most commercial motor vehicles and passenger vehicles. If you have been hurt in any type of truck crash, you may be able to file a personal injury lawsuit against the at-fault driver, the trucking company, or even the manufacturer of a defective truck part. Our law firm can help you with the process, fighting to get you full compensation for your medical bills, lost wages, pain and suffering, and other losses.
Johnstone & Gabhart advocate for injury victims throughout West Virginia. We handle all cases on a contingency fee basis, which means that we never charge a fee unless we recover money for you. Reach out to our law offices to schedule a free initial consultation with a Parkersburg truck accident attorney.
Causes of Truck Accidents
Tractor trailers are generally considered to be commercial motor vehicles. Both the vehicles themselves and their drivers are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). These rules cover everything from the amount of training that drivers must have to obtain a commercial driver’s license (CDL) to how many hours drivers can be on the road to how cargo must be secured.
Despite these regulations, truck accidents happen far too often – and often lead to devastating or even fatal injuries. Common causes of truck accidents include:
- Equipment failure, including failures due to poor maintenance;
- Improper cargo loading or securing
- Extreme weather conditions
- Defective equipment
- Driver error, including speeding, driving too fast for conditions, and failure to yield
- Drunk and/or drugged driving
- Drowsy driving
Collisions between semi trucks and passenger vehicles often cause serious injuries, such as traumatic brain injury, internal organ damage, broken bones, spinal cord injuries, and paralysis. In some cases, truck accidents cause fatal injuries.
If the truck driver or trucking company was somehow at fault for the crash, then you may be able to file a lawsuit against them. Through this type of personal injury claim, you can recover full compensation for your losses. During a free initial consultation, a Parkersburg, WV truck accident lawyer will listen to your story and offer you advice on your rights and options for pursuing financial compensation.
Filing a Lawsuit for a Parkersburg Truck Accident
Like other types of personal injury claims, truck accident lawsuits are typically based on a theory of negligence or carelessness. A person may be considered negligent when they fail to use the level of care that a reasonable person would use in a similar situation. For example, if a trucker ran a stop light and t-boned another vehicle, then they would likely be considered negligent.
In some cases, truck accidents are caused by reckless or intentional conduct. For example, if a trucking company knows that a truck in its fleet needs new brakes but decides to put off the repair to save money, it could be held liable for that decision if the same truck causes an accident due to brake failure. Another example of intentional or reckless conduct is driving under the influence of alcohol and/or drugs.
Depending on the facts of the case, you may be able to bring a truck accident claim against the at-fault driver, the trucking company, or even a manufacturer of a defective truck part. In some situations, you may even be able to pursue a case against a government entity. For example, if a state agency was responsible for maintaining a highway and failed to do so, then you might be able to file a lawsuit against that agency if poor road conditions caused the crash.
Through a truck accident lawsuit, you can recover financial compensation for your full range of losses. This may include money for economic, non-economic, and punitive damages. Economic and non-economic damages compensate you for your losses, while punitive damages punish someone who acted intentionally or recklessly.
Economic damages pay for direct financial losses. Examples of economic damages include property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment. These damages are usually documented with paperwork like repair estimates, pay stubs, and medical bills.
Non-economic damages cover intangible losses. These losses can be harder to prove but are just as important as economic damages. Non-economic damages may include scarring, disfigurement, pain and suffering, and loss of enjoyment of life.
Punitive damages may be awarded in rare cases where another driver or person acted intentionally or recklessly, such as in a drunk driving accident. Because most personal injury claims involve negligence, punitive damages may not be available for your truck accident claim. Your Parkersburg, WV truck accident attorney can help you determine if you may be able to seek punitive damages.
Finally, if your loved one was killed in a truck accident, you may be able to file a wrongful death lawsuit against the at-fault party. In this type of claim, you can recover financial compensation for loss of companionship and support, loss of income, and other losses, such as funeral and burial expenses.
How Our Law Firm Can Help
Truck accident cases can be complicated, as they require an understanding of complex federal and state laws as well as the mechanics of how these types of crashes often happen. Truckers and trucking companies are typically represented by massive insurance companies, which may make you feel like you can’t fight for your right to full compensation. Our law offices will work with you to get you top dollar for your claim.
At Johnstone & Gabhart, we only represent accident victims – never the insurance companies, at-fault drivers, or corporations. We have decades of experience helping West Virginians get the money that they deserve for their losses. To learn more or to schedule a free initial consultation with a Parkersburg, WV truck accident lawyer, give us a call at 304-343-7100 or fill out our online contact form.
How Much Is My Truck Accident Case Worth?
It depends. The value of any personal injury claim is based on a number of different factors, including the severity of your injuries, whether your injuries are expected to be permanent, and the limits of the at-fault party’s insurance coverage. Generally, cases involving more severe injuries will usually have a higher value than those with minor injuries.
During a free initial consultation, a Parkersburg truck accident lawyer will listen to your story and give you a ballpark estimate of the value of your case. As the case proceeds, your attorney will keep you updated on any changes to that estimate. In West Virginia, call Johnstone & Gabhart to schedule an appointment with a member of our legal team.
What If I Am Partially at Fault for a Parkersburg Truck Accident?
If you were somewhat to blame for a truck accident, you can still recover money for your losses. Under West Virginia’s comparative negligence rule, as long as you were 50% or less at fault for a crash, you can seek financial compensation. Your total recovery will be reduced by the percentage that you were at fault.
This rule ensures that injury victims can still get the money that they deserve for their injuries in situations where their own actions may have played a role in the crash. Comparative negligence cases can be challenging, as insurance companies may argue that you were 51% or more at fault. Reach out to Johnstone & Gabhart today to talk to a Parkersburg truck accident attorney about your claim.