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Large trucks can weigh up to 80,000 pounds. Because of the heavy weight and size of commercial trucks, accidents in which they are involved are much likelier to be catastrophic or even fatal.
The trucking industry is heavily regulated in order to minimize the risk to other drivers on the road. When you have been seriously injured in a truck accident, you may seek compensation for your losses through personal injury lawsuits. Let a West Virginia truck accident lawyer from our firm help you obtain the compensation to which you are entitled.
Cases involving commercial trucks are normally much more complex than those involving other types of vehicles. The trucking industry is very regulated by both the state of West Virginia as well as the federal government. This means that there are strict rules in place that must be followed by those in the industry.
We at Jan Dils, Attorneys at Law, understand the different regulations that govern those in the trucking industry, and that knowledge combined with legal acumen helps us provide an honest assessment of liability in trucking cases.
Truck drivers who cause accidents are not the only potential defendants in these cases. Their employers may also hold liability for the actions of drivers. Liability for trucking accidents may apply to any or all of the following, depending on the facts and circumstances of a particular case:
As is the case with accidents involving other types of vehicles, if you are involved in a collision with a large truck, you will likely need to demonstrate the driver’s negligence. There are a couple of important factors having to do with the added difficulty of driving large trucks that may make this more difficult.
The first is jackknifing. Trucks are prone to jackknifing, especially during hazardous driving conditions or when stopping abruptly. In either case, the driver may not be held liable.
Commercial trucks are also often difficult to turn. In fact, they may require two lanes to complete a sharp turn. If your accident involved a truck that was making a turn, there may not be a clear case of negligence.
Given the special considerations that are taken into account when determining negligence and liability in accidents involving large, commercial trucks, it may be especially important to work with a legal representative who is familiar with this type of case.
Driving safely around large, commercial trucks can be difficult. Perhaps you didn’t leave enough following distance or failed to take into account the truck driver’s limited visibility. If this is the case, you may be partly at fault for the accident.
However, that does not necessarily mean you are not entitled to receive damages. Under the legal doctrine called “comparative damages,” the other party’s negligence will be compared with your own. And the party’s percentage of liability determines the damages they will pay. So if the driver of the truck’s negligence contributed to the accident more than your own, you will likely be able to collect damages. Working with a legal representative experienced in determining “comparative damages” is important in a case such as this.
When you have been injured in a trucking accident through no fault of your own, you deserve to be compensated for both your economic and non-economic losses, which our team can fight to maximize.
Call or send us an e-mail for a free consultation from a West Virginia truck accident lawyer.
Jan Dils, Attorneys at Law