Montgomery, WV Truck Accident lawyers
The highways in West Virginia are inundated with heavy, commercial trucks carrying cargo across the United States. Montgomery, WV is no exception. With a Walmart Supercenter nearby in Quincy, the Paul White Chevy dealership in Cabin Creek, and the General Hospital on 6th Ave, truck come through all the time.
If you have sustained injuries in a crash with a commercial truck in Montgomery, WV or the surrounding areas, you should consult an experienced truck accident lawyer. Litigation involving trucking accidents is especially complicated, and you need to work with a personal injury lawyer with a proven record of favorable outcomes in such cases.
What Kinds of Vehicles Are Involved in Montgomery, WV Truck Collisions?
Commercial truck accidents refer to collisions involving one or more of the following kinds of commercial vehicles:
- School buses
- Fire Trucks
- Big Rigs
- Cement Trucks
- Tractor Trailers
- Cargo and Freight Vehicles
- Garbage Trucks
Common Reasons for Truck Accidents in Montgomery, WV
“Accident” is the accepted word for collisions that cause grave personal injuries, but in reality, most of these incidents could have been avoided. Some of the top reasons that truck accidents occur include:
One of the most common reasons for truck accidents is driver fatigue. At times, trucking companies push their truck operators to meet unrealistic deadlines. The only way for a trucker to manage such schedules is to drive through the night, missing out on sleep. This causes a delayed reaction time and poses a threat to everyone on the road.
In case of truck accidents, the common culprit for impaired driving is not alcohol but amphetamines or other “uppers.” Many truckers take these drugs as a way to remain awake and meet impossible deadlines.
Big rig commercial trucks are huge vehicles. It is challenging to operate these massive big rigs even under ideal circumstances. Often, cargo companies or trucking companies overload the cargo compartments of these vehicles, which negatively impacts their center of gravity and balance.
There is a lot of responsibility on truck drivers as they operate their vehicles, and these duties can interfere with the safe operation of the truck. Dangerous practices such as checking the GPS, texting behind the wheel, and even filling out documents are common and widespread.
Other reasons for truck accidents include the following:
- Defective semi-trucks and big rigs
- Overcrowded highways and roads
- Speeding and other negligent driving
- Visual impairment
- Inclement weather conditions
Who can be Held Accountable for a Truck Collision in Montgomery, WV?
An experienced and competent truck accident attorney will thoroughly investigate your crash to establish its cause and prove fault. They may file compensation claims against the following:
Most truckers drive in a safe and conscientious manner, but negligent and careless driving is still unacceptable. Due to the size of these vehicles, reckless driving tends to cause catastrophic accidents.
Many trucking enterprises are more concerned about profits rather than safety. Consequently, they push truck operators to meet unrealistic and tight deadlines, place unsafe vehicles on the road, and behave in a careless way. If their actions lead to accidents, trucking companies can be held accountable.
A common reason for truck wrecks is a mis-loaded or overloaded 18-wheeler. A seasoned truck accident attorney will trace your crash all the way to its source. If the source of the accident is a cargo company that made an error when loading the truck, it can be held responsible for the crash.
The above list is not exhaustive. However, it does offer an idea of the liability questions surrounding a truck accident. The importance of speaking to a skilled West Virginia truck accident attorney immediately after your crash cannot be understated. Often, these cases are time sensitive. Trucking companies hold substantial amounts of data that can prove crucial to your claim, particularly GPS tracking information, and much of this data could be erased after a specific duration.
Investigating Your Crash
Following a truck accident, proof needs to be collected and evaluated by a trained expert to establish liability. At Bailey, Javins, and Carter L.C., our truck accident lawyers work with former police officers and accident reconstruction experts to gather the necessary proof to establish who caused the accident. Our investigative team will work rapidly to:
- Identify the specific “fatal factors” that caused the accident.
- Investigate the crash site for evidence, such as “witness marks” and roadway design defects.
- Point out any industry rules that may have been circumvented by the trucker or the trucking company.
We have an in-depth understanding of how to effectively investigate truck crashes. For instance, our accident lawyers understand the nuances that are usually involved in accidents, along with the common reasons. We also understand and appreciate the involvement of relative forces in a collision between two large vehicles, such as two trucks, or a train and a truck.
While investigating the crash, our big truck crash investigators will get eyewitness statements to help understand how the collision occurred. Subsequently, we will intricately examine the accident site for physical evidence, or “witness marks” such as:
- Gouge marks on the vehicle
- Debris due to the accident
- Skid and yaw marks on the roadway
- Gas, oil, or fluid stains
Additionally, we request the West Virginia trucking companies to preserve evidence, which must be done promptly as it is permissible for companies to destruct this evidence under the provisions of the Federal Motor Carrier Safety Administration (FMCSA) code.
It is vital for all automobiles involved in the crash to be preserved. This allows us to take pictures of the impact point from various angles to document the accident in a comprehensive way. The accident reconstruction will be analyzed by an engineer to allow us to prove the angle and speed of the collision.
Schedule a Consultation with a Seasoned Truck Accident Lawyer in Montgomery, WV
It is not always easy to understand how to take legal action when you have been wrongfully injured due to the negligence of another party. The attorneys at Bailey, Javins, and Carter L.C. will guide you through this process and will work hard to help you collect your rightful compensation.
We will do everything in our capacity to ensure that you get a fair settlement that will help offset the costs of medical expenses, loss of income, lost wages, and pain and suffering, among others. For a no-charge consultation, call us today toll-free at (800) 497-0234 or (800) 296-6979. We will start working on your legal strategy for the best possible financial recovery as soon as you reach out to us.