Common Causes of Truck Accidents in West Virginia

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Truck accidents are often some of the worst crashes on the road. When a tractor-trailer is involved in a crash with an average-sized vehicle, the smaller vehicle will always sustain the worst damage.

Nearly 6,000 people were killed in truck accidents in 2022, and that was an increase of two percent from the previous year. Even when accident victims survive these crashes, they often suffer catastrophic injuries. Below, one of our West Virginia truck accident lawyers outlines the most common causes of these crashes and how you can recover compensation if you have been hurt.

Impaired Driving

Impaired driving is always very dangerous regardless of the type of vehicle involved. When the driver of an 18-wheeler is impaired, though, the danger increases exponentially. Unfortunately, many truck drivers use alcohol or other substances that cause impairment because they believe they will help them remain awake and alert behind the wheel. Of course, this is not true. Any time a truck driver is impaired, there is a much greater chance that they will cause a crash.

Speeding

Speeding is a common cause of many types of accidents, including those involving transport trailers.

Speeding does not only cause accidents, but it can also increase the severity of them. When a commercial truck speeds, it increases the force of impact during a crash, which causes injuries that are much more serious.

Following Too Closely

Due to their immense weight and size, transport trucks require much more distance to slow down and stop than smaller passenger vehicles. When truck drivers follow vehicles too closely, they do not have the time or space required to slow down safely or come to a complete stop. This can cause them to rear-end smaller vehicles, which can result in underride accidents, which are almost always fatal, or other dangerous crashes.

Distracted Driving

Truck drivers have a lot to pay attention to when they are on the roads. They have to control the systems within a truck, and they may use a cell phone or CB radio to communicate with other drivers and to learn about traffic or weather conditions ahead of them. Truck drivers may also listen to music to break up the boredom of being on the road for long periods, which can also take their focus off of the road.

Any distraction that causes a truck driver to focus on anything other than the road, or that takes their hands off of the wheel, is very dangerous.

Fatigued Driving

Truck drivers are on the road for very long periods. They are under a great deal of pressure to deliver as much cargo in as little time as possible. The federal hours of service rule limits the amount of time truckers can remain on the road, to ensure the safety of the public.

However, some truck drivers fail to comply with the law so they can make more profits. Trucking companies also often provide incentives to drivers to stay on the roads longer than they are allowed to increase their profits.

Improper Maintenance

Improper truck maintenance causes several accidents. A truck may crash into another vehicle if the braking systems are not properly maintained, or a tire blowout can cause a serious crash if the tires are not properly maintained. It is not always easy to determine who is liable for improper maintenance. Truck drivers are typically required to perform a full inspection of their vehicle before heading out on the road. Trucking companies also must ensure that their trucks are properly maintained.

Improper Cargo Loading

When cargo is not loaded onto a truck properly, there are several ways it can cause an accident. Cargo may fall off of the truck and onto the road, causing motorists in the vicinity to crash into it. Or, cargo that is not properly secured may shift during transport, throwing the entire truck off balance.

This can make it very difficult for the driver to control the truck and may cause a crash. Sometimes, truck drivers are responsible for loading the cargo onto their truck but in other cases, third-party cargo loading companies are hired for this job.

Road Conditions

Improper road maintenance can also cause a truck accident. Road construction, in particular, can easily cause a crash. Additionally, unexpected detours and confusing traffic signals are also negligent road conditions that cause accidents. When there are defective road conditions or the design of a road is defective, the government entity responsible for designing or maintaining it can be held liable.

Weather Conditions

High winds can make it difficult to control the trailer on a large commercial truck. It may swing into other lanes and cause a crash. Heavy rains can also make the road very slippery, causing the driver to crash into another vehicle. While no one can control the weather, truck drivers should know how to operate their vehicles in all weather conditions. If the conditions are simply too dangerous to drive, truckers should refrain from operating their vehicle until it is considered safe to do so.

Negligent Hiring and Training

Trucking companies have a legal duty to ensure that the truckers they hire are experienced, skilled, and competent. This requires them to conduct background checks and to have a very strict hiring process. When trucking companies engage in negligent hiring practices and they allow unqualified drivers on the road, they can be held liable for an accident. Likewise, trucking companies also must properly train their drivers. This may include requiring new drivers to accompany experienced drivers on trips for a certain period. Trucking companies can also be held liable for failing to train their drivers properly.

Our Truck Accident Lawyers in West Virginia Can Help with Your Case

At Kaufman & McPherson, our West Virginia truck accident lawyers can identify what caused your crash to determine who is liable. We will then continue to fight for you and hold the liable party accountable for paying the full and fair settlement you are entitled to. Contact us to schedule a free review of your case and to learn more about how we can help.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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