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

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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.

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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