Though both are challenging, litigation involving truck accidents in West Virginia isn’t as easy to handle as car accidents. There are additional complicating factors in a truck accident.
Truck accidents usually cause more serious injuries and damage to the passenger vehicle because of the huge size difference between 18-wheelers and passenger vehicles. A truck may weigh 80,000 pounds or more, whereas the average passenger car weighs 5,000 pounds.
Because you probably have serious injuries and extensive car damage, handling your truck claim effectively is more important. A minor mistake could impact how much you recover in damages.
Truck companies usually have retainer lawyers to protect them in the event of an accident or another legal issue. Most regular drivers don’t have a legal team on standby. Thus, before you’ve had a chance to secure a lawyer, the truck driver’s company is already preparing its defense. Their lawyers may try to catch you slipping up to use it against you. For example, if you’re posting a lot on social media, they may claim that your injuries weren’t that serious. If you say you were sleepy on the day of the accident, they may argue that your drowsy driving caused the accident.
Federal laws are in place to help keep passenger vehicles safe on the road because of how devastating a truck accident can be. You may have difficulty with your case if you’re unaware of these laws. Truck drivers have limits on how long they can drive without a break. If they exceed the limit, then they may have liability for the accident.
It’s not always the truck driver who’s at fault. Their company may have poorly maintained the truck. The loading company might have made a mistake in loading the truck. Other parties who may have liability for the accident are manufacturers and service providers.
Truck accident claims in West Virginia are more complex than car accident cases because of the extra investigative work needed. There is specific trucking legislation that affects your claim process as well.