Suing a Trucking Company in West Virginia – The Best Way Forward

Need help after a truck accident in West Virginia? Kaufman & McPherson, PLLC offers friendly, expert legal support to get you the compensation you deserve.
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    Suing a Truck Company

    If you or a loved one has recently been injured in an accident involving a commercial truck, that wasn’t your fault, you are entitled to seek financial compensation for all of the damages caused by the crash. 

    While financial compensation can never completely mitigate the effects of a commercial truck accident, it can take away stress relating to paying for medical bills, car repairs, and other associated expenses, and can give you additional compensation for the harm done to you. 

    Unfortunately, filing a claim against a trucking company can be difficult, stressful, and time-consuming – but that’s where our commercial truck attorneys in West Virginia come in.

    Hire a West Virginia Truck Accident Attorney

    At Kaufman & McPherson, our team of experienced West Virginia commercial truck accident attorneys is here to help. We’ll guide you through the complex claim process, including litigating the case if that is necessary to hold the trucking company accountable for their negligence and fight for the compensation that you deserve. 

    Get What You Deserve

    Many trucking companies are large corporations that have their own legal counsel on staff, and they’ll do whatever they can to avoid liability and having to pay out compensation to truck accident victims. 

    They’ll often offer a very low initial settlement and assign an insurance adjuster to convince victims to accept an insufficient settlement, in an attempt to avoid an expensive court case and paying reasonable compensation. Some less scrupulous trucking companies have even been found to alter truck accident evidence, making it difficult for victims to prove that the accident was the trucker’s fault.

    We’re Fighting For You

    However, with our truck accident attorneys on your side, you can rest assured that we will not allow trucking companies to walk all over you or get away with a ridiculously low settlement offer. 

    We’ll ensure that you are fairly compensated for medical expenses and property damage, as well as intangible damages like pain and suffering, loss of earnings or potential future earnings if you are left unable to work, emotional and psychological distress, loss of enjoyment of life, and so forth. 

    WV personal injury attorneys discussing a car accident case

    Building Your Commercial Truck Accident Case

    When you engage the services of our commercial truck accident attorneys, we will help you build the best possible case against the trucking company that caused your accident. Truck accidents often occur as a result of fatigued or drunk driving, lack of proper training, or lack of maintenance. Our truck accident attorneys understand trucking laws and regulations and we know how to use these laws to protect the rights of trucking accident victims.

    As we mentioned, truck companies often offer accident victims very low settlements right after the crash, when you are still reeling from the shock and any injuries that you may have suffered. You mustn’t talk to these representatives until you have contacted one of our truck accident lawyers, as it may weaken your case.

    Investigation and Evidence Gathering

    While you spend your time and energy recuperating and recovering, we will be hard at work investigating the truck accident and gathering evidence to strengthen your case. We’ll pore through the trucking company’s employment records, training logs, maintenance reports, electronic data, and hours of service logs. Looking at all of this information can help us determine whether the fault lies with the driver, the trucking company, or other related entities, or a combination thereof.

    Employment Records

    Trucking companies must ensure to the best of their ability that the drivers they hire have clean records and are qualified to be driving a commercial vehicle. Their employment records should include background checks for every driver.

    Training Logs

    Training logs can tell us whether the trucking company has spent adequate time and resources ensuring that their drivers are fully trained and prepared for the job. If no training or insufficient training has been performed and the driver then causes an accident, the trucking company can be held responsible.

    Maintenance Reports

    Trucking companies are also responsible for keeping their vehicles well-maintained and repairing any problems as soon as they arise. If we can prove that the truck involved in the accident has not been properly maintained, the company will face serious repercussions in court.

    Electronic Data

    Most trucks are now fitted with electronic control modules or “black boxes,” similar to those of commercial airplanes, which record safety information like vehicle speed, how long it has been driven in one continuous stretch, whether seat belts were used, and airbag performance. If the electronic data shows that a truck driver was operating the vehicle in an unsafe or illegal manner, it can be much easier to prove their liability.

    Hours of Service Logs

    Finally, drivers are required by federal regulations to limit the amount of consecutive hours they spend behind the wheel. They are also required to take regular breaks and keep an hours of service log either in writing or electronically to show that they are following these rules.

    Of course, the trucking companies will not release any of this information without a fight, especially if the information is incriminating in any way. We will do whatever it takes to get access to this critical information – even use a court order if necessary. Time is of the essence in these cases, so we act immediately to get access to the information before the trucking company has a chance to “lose” or destroy it.

    Why Choose Kaufman & McPherson?

    Our experienced West Virginia truck accident attorneys know what to look for as far as signs of negligence and any evidence that will prove the trucking company is responsible for the accident. We will find and interview witnesses, gather all the relevant information, and even consult with experts who can support your case.

    We work on a contingency basis, which means that you won’t pay us anything unless we win the case for you. We also offer a free case evaluation and legal consultation to help you determine how best to pursue your claim after a truck accident. Contact us as soon as possible if you or a loved one get into an accident involving a commercial trucking operation.

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    About the Editor

    Kevin Kaufman
    Kevin Kaufman

    A 1977 Bridgeport High School graduate, received multiple scholarships including a National Merit Scholarship. He went on to earn a BS in Business Administration, an MBA, and a law degree from West Virginia University.

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    About the Author

    Kevin Kaufman
    Kevin Kaufman

    Kevin S. Kaufman is a 1977 graduate of Bridgeport High School, where he received a National Merit Scholarship, a Consolidated Natural Gas Company full scholarship, and a West Virginia Achievement scholarship. Mr. Kaufman completed his education at West Virginia University, where he received a Bachelor of Science degree in Business Administration, an MBA, and his law degree.

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