Charleston Truck Accident Attorneys
We've Recovered Tens of Millions for Our Clients
A truck accident can lead to catastrophic, life-altering injuries, and we understand exactly how stressful and overwhelming this can be. As you seek medical treatment for your injuries, you may be wondering if you will ever be able to pay your bills or return to the life you once had.
At Berthold Law Firm, PLLC, our Charleston truck accident lawyers not only believe that you deserve fair compensation to cover your medical fees and related expenses, but we also want to see that justice is served. After you or someone you love has been in a serious trucking accident, you should retain an attorney that you can trust.
You will need an experienced West Virginia truck accident lawyer who can help you file a personal injury claim that will be successful. Our firm is committed to helping you to obtain the compensation you and your family deserve.
Types of Truck Accidents
There are a variety of factors that can play into a trucking accident which means there are several types of accidents involving trucks. Some of the most common types of truck accidents include:
- Jackknife Accidents
- Rear-End Accidents
- Lost Load Accidents
- Tire Blowouts
- Truck Rollovers
- Blind Spot Accidents
- Big Rig Tire Accidents
Common Causes of Truck Accidents in West Virginia
There are endless reasons why a truck driver can cause an accident, most of which occur as a result of them failing to follow the rules, regulations, and truck driving codes. Some common causes of truck accidents include:
- Cell phone usage
- Road blockages
- Alcohol or drugs
- Driver fatigue
- Driver negligence
- Hazardous conditions
- Violations of industry standards
Proving Truck Driver Negligence in Charleston
In order to keep drivers and the other motorists on the road around them safe, there are a number of rules which have been put in place for truck drivers.
There are currently national regulations in place that place limitations on how many consecutive hours truck drivers can work daily and weekly.
The three regulations most commonly broken by truck drivers are:
- 14-hour drive window
- Mandatory rest breaks
- 60-75 hour rolling weekly limit.
Truck drivers who choose to drive over those limits are endangering themselves and others on the road. This information can be accessed via digital and analog log books.
Truck Driver vs Trucking Company
In some cases, it is not only the truck driver but the trucking company that is responsible for your accident. Trucking companies are required to follow legal guidelines as well, for:
- Vehicle maintenance
- Training programs
- Ensuring their drivers are clean from drugs and alcohol
A skilled West Virginia truck accident lawyer can launch an extensive investigation into your injury claim to find out the details of what happened and who should be held responsible for the damages.
What Are the Hours of Service Regulations?
Truck drivers are more heavily regulated than other motor vehicles on the road by the Federal Motor Carrier Safety Administration because of how much damage a truck can cause on the event of a truck accident. One of these important rules is called the hours of service regulation. This rule is aimed primarily at prevent fatigued driving and overworking truck drivers, both of which can lead to accidents.
According to these rules:
- Truck drivers can work up to 14 hours in a day but can only drive for 11 hours of these hours. The remaining three hours must be spent on rest or meal breaks.
- Drivers must rest for at least 10 consecutive hours before starting a new workday
- Truck drivers must take days off work at regular intervals
Who Is Liable After a Truck Accident?
The driver of a truck is not always the one who is held liable for an accident, in fact more often than not, the trucking company is help legally responsible for an accident. There are many reasons for this including the fact that trucking companies are often caught encouraging their drivers to break FMSCA regulations in order to help save their company money or time.
The truck driver can be held liable particularly if the accident was directly caused by their negligence, such as driving while intoxicated. Although it happens less often, there are other parties that can be found responsible such as a truck manufacturer or cargo loading team. The legal team at Berthold Law Firm, PLLC is experienced in investigating truck accident claims and is ready to help you. Contact us today for a free consultation!
Why Do I Need a West Virginia Truck Accident Lawyer?
Without an experienced attorney on your side, recovering the compensation you deserve after suffering injuries in a truck accident can be very difficult. Trucking companies are usually backed by top-tier law firms who are hired to protect their company and keep you from recovering the compensation and justice you deserve.
Our Charleston truck accident attorneys at Berthold Law Firm, PLLC are experienced in handling accident claims and can walk you through the entire claim process. Truck accident cases involve complex federal and state regulations governing the trucking industry. Our experienced legal team is well-versed in these regulations, including hours of service, weight limits, and maintenance requirements, allowing them to identify any violations that may have contributed to the accident.
Also, our lawyers will help you evaluate the full extent of your losses, including medical bills, lost wages, pain and suffering, and future medical expenses, to ensure you receive fair compensation.
Don’t wait to get help, our attorneys are ready to help you today. Our Charleston truck accident attorneys will work to ensure your rights are protected, liability is properly established, and that you have the best chance of receiving fair compensation for your injuries and losses following a serious truck accident.
How Can Our Team Help You?
When you choose to hire our firm, you will be receiving top-quality legal advocacy, guidance, and representation. Our compassionate and experienced team has 75+ years of combined experience and we are focused on achieving results. The truth of the matter is that truck drivers have responsibilities, and when they fail to follow the rules, they can cause a serious accident. You deserve the best legal support during this difficult time.
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