Tractor-trailers and other commercial vehicles play a major role in keeping every part of America supplied with everything from fresh produce to raw production materials. As important as professional truck drivers are, though, they can also be just as reckless or careless behind the wheel as anyone operating a commuter car. Sometimes their irresponsible behavior has devastating consequences for multiple people sharing the road with them.
If you were hurt in a truck crash on State Route 250, Ohio Route 7 across the river, or anywhere else in the Moundsville area, speaking with a seasoned personal injury attorney about possible civil litigation could be crucial to protecting your long-term best interests. A capable Moundsville truck accident could work on your behalf from start to finish of your legal proceedings to get you the compensation you deserve.
Who Could Be Liable for Truck Crash Damages?
Whether someone is driving a massive semi-truck or a two-door coupe, they have the same basic duty under state law to be responsible behind the wheel. This responsibility includes not just following traffic laws but also watching out for nearby vehicles and reacting rationally to any hazards encountered while driving. A truck driver who violates this responsibility through any careless, reckless, and/or illegal action and directly causes a crash resulting in injury could be considered “negligent,” which is the legal basis for financial recovery in almost every personal injury lawsuit.
Importantly, individual truckers do not always make for the best defendants after a crash, nor are they usually the only ones who could bear most of the legal fault. Trucking companies are often held vicariously liable for losses caused by their employee’s negligence, or sometimes they are directly liable for their own negligence that contributed to a crash. For example, the company can be liable by forcing drivers to go over federal driving time limits.
Product Liability in a Truck Crash
Alternatively, if a wreck results primarily from a mechanical failure inside a truck rather than the operator’s misconduct, the legal fault might lie with a negligent mechanic, a manufacturer that made defective parts, or even a third-party supplier that failed to secure cargo properly. A seasoned Moundsville truck accident attorney could provide vital help in sorting out who is to blame for a particular crash and taking action against them.
How State Law Could Affect Recovery Efforts
Unfortunately, West Virginia state law enforces “caps” on how much money you can recover for “non-economic” forms of harm like physical pain, emotional distress, and lost quality of life. Most of the time, this cap is set at $250,000, but it may be raised to $500,000 if a truck wreck leads to a catastrophic injury and/or someone’s premature death.
Additionally, West Virginia Code § 55-2-12(b) limits you to no more than two years after sustaining an injury to begin filing suit over your damages. Because of this, it is usually a good idea to contact a lawyer and start working on a case sooner rather than later after a truck wreck in Moundsville.
Talk to a Moundsville Truck Accident Attorney Today
No matter the circumstances that cause them, auto accidents involving commercial trucks tend to cause disproportionately severe injuries with significant personal losses. Demanding fair compensation for those losses from the trucker or trucking company – or their insurance company – could be made much easier with guidance from experienced legal professionals.
A Moundsville truck accident lawyer could be a crucial ally to have on your side after being hurt because of negligence by a truck driver. A free consultation with one of our attorneys can set you on the path to financial security.