Morgantown Trucking Accident Lawyer

Put Our West Virginia Truck Accident Attorney On Your Side!

Truck accidents are among the most catastrophic and devastating incidents that can occur on the road. Due to the sheer size and weight of commercial trucks, collisions often result in severe injuries, extensive property damage, and, in some tragic cases, fatalities. If you or a loved one have been involved in a truck accident, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. Our truck accident lawyers at Hayhurst Law are dedicated to helping guide victims through the complicated legal aspects that these cases present and fight for the compensation they deserve.

Trucking accidents often result in far more serious consequences than accidents between two cars. Injuries from collisions with big rigs may include back and neck injuries, broken bones, lacerations, seat belt injuries, spinal cord injuries, and even death. If you were recently involved in a semi-truck accident in West Virginia, reach out to our personal injury firm right away before speaking with the trucking company. You need our capable and compassionate injury attorney who can fight for the compensation you deserve. Our firm has recovered millions in settlements and strives to win your case so you can receive the care that you need following your accident.

Contact Hayhurst Law at to put an experienced trucking accident attorney in Morgantown on your side.

Common Causes of Truck Accidents

Truck accidents are caused by various factors, some of which are related to driver behavior, while others stem from mechanical failures or improper vehicle maintenance. Understanding the cause of your accident is critical for building a strong legal case. Some of the most common causes of truck accidents include:

• Driver Fatigue: Long hours on the road can lead to truck drivers becoming fatigued, impairing their judgment, slowing reaction times, and causing them to make mistakes that can lead to accidents. The Federal Motor Carrier Safety Administration (FMCSA) has regulations in place to limit the number of hours truck drivers can operate without rest, known as the Hours of Service (HOS) rules. However, some drivers or trucking companies may violate these regulations in an effort to meet tight delivery deadlines.
• Distracted Driving: Truck drivers, like all drivers, can become distracted behind the wheel. This could be due to using a cell phone, adjusting the radio, eating, or interacting with their GPS or dispatch system. Given the size and weight of trucks, even a momentary distraction can result in a catastrophic accident.
• Speeding and Reckless Driving: Due to tight schedules, some truck drivers may exceed the speed limit or drive recklessly to make deliveries on time. This dangerous behavior greatly increases the risk of accidents, especially on highways where high speeds are already common.
• Impaired Driving: Truck drivers are held to strict legal limits regarding alcohol and drug use. However, some drivers may operate their vehicles while under the influence of alcohol, drugs, or even prescription medications that impair their ability to drive safely.
• Improper Truck Maintenance: Commercial trucks are complicated machines that require regular maintenance to make sure that they are safe to operate. Mechanical failures, such as brake malfunctions, tire blowouts, or engine problems, can result in accidents. If a trucking company fails to properly maintain their fleet, they may be held liable for any accidents caused by their negligence.
• Cargo Loading Issues: Improperly loaded or unsecured cargo can shift during transit, causing the truck to become unbalanced or making it more difficult for the driver to control the vehicle. Overloading a truck can also put undue stress on its mechanical systems, leading to potential failures and accidents.

Understanding the cause of your truck accident is an essential first step in building a strong case and holding the responsible parties accountable.

Trucking Industry Regulations and Violations

Truck accident cases are unique because they are governed by a complicated set of federal and state regulations. The FMCSA sets forth strict guidelines to ensure the safety of both truck drivers and other motorists. These regulations cover everything from driver qualifications and truck maintenance to how cargo must be loaded and secured.

• Hours of Service (HOS) Regulations: As mentioned earlier, HOS rules limit the number of hours a truck driver can be on the road before taking a mandatory rest break. Drivers must log their hours to ensure compliance, but in some cases, drivers or companies may falsify records to meet tight deadlines. Violating HOS rules can contribute to driver fatigue and accidents.
• Vehicle Maintenance Standards: Trucking companies are required to regularly inspect and maintain their vehicles to ensure they are safe for operation. This includes checking brakes, tires, lights, and other critical components. Failure to adhere to these maintenance standards can result in dangerous mechanical failures while the truck is on the road.
• Weight Limits and Cargo Securement: Trucks have weight limits to ensure they can be operated safely. Overloaded trucks are not only illegal but also more difficult to maneuver, and they put extra strain on the truck’s mechanical systems. Cargo must also be properly secured to prevent it from shifting or falling off during transit.

If your accident involved a violation of any trucking industry regulations, this could serve as powerful evidence in your case. Our personal injury lawyers will thoroughly investigate your accident to determine if any regulations were violated and hold the responsible parties accountable.

Liable Parties in Truck Accident Cases

Truck accident cases are often more complicated than car accidents because multiple parties may be held liable. In a typical car accident, liability is usually limited to the drivers involved. However, in a truck accident, responsibility may extend beyond just the truck driver. Some of the parties who may be held accountable include:

• The Truck Driver: If the driver was negligent, such as ignoring blind spots or by driving while fatigued, distracted, or impaired, they may be held liable for the accident. Driver negligence is a common factor in truck accident cases, and it is critical to gather evidence such as logs, GPS data, and witness statements to prove fault.
• The Trucking Company: Trucking companies are responsible for hiring qualified drivers, verifying that their fleet is properly maintained, and complying with federal regulations. If the company failed in any of these areas, they could be held liable for the accident. This could include pressure on drivers to violate HOS regulations or neglecting maintenance standards.
• The Cargo Loaders: If the accident was caused by improperly loaded or secured cargo, the individuals or company responsible for loading the truck may be held accountable. Overloaded or unbalanced trucks can lead to serious accidents, and those responsible for loading must adhere to strict guidelines.
• Truck Manufacturers: In some cases, a mechanical failure caused by a defect in the truck itself or one of its parts may be to blame for the accident. If this is the case, the manufacturer of the truck or the specific part may be held liable for any damages resulting from the accident.

Determining liability in a truck accident case requires a thorough investigation, and our experienced attorneys have the resources and knowledge needed to identify all responsible parties and build a strong case on your behalf. We are available to answer your questions after a trucking accident.

Morgantown Trucking Accident Statistics

Trucking accidents are a significant concern for road safety, particularly in the United States, where large trucks share the roads with smaller vehicles. According to the Federal Motor Carrier Safety Administration (FMCSA), 5,000 fatalities occur in crashes involving large trucks each year. Trucks make up about 4% of vehicles on the road but account for 9% of all vehicle-related fatalities.

The causes of trucking accidents vary, but some of the most common factors include driver fatigue, distracted driving, speeding, and driving under the influence of alcohol or drugs. The FMCSA reports that driver error, including distractions, fatigue, and improper decision-making, significantly contribute to trucking accidents, accounting for about 88% of all crashes involving large trucks. Other factors include adverse weather conditions, road hazards, and mechanical failures.

According to the Insurance Institute for Highway Safety (IIHS), trucks are involved in more than 1 in 10 fatal crashes despite accounting for only 3% of all vehicles on the road. Trucking accidents often result in severe injuries due to the size and weight disparity between trucks and passenger vehicles. Most fatalities in trucking accidents involve the occupants of passenger vehicles, not truck drivers.

The following charts illustrate key trends related to trucking accidents:

Morgantown Trucking Accident Infographic

Types of Compensation You May Be Entitled To

Truck accident victims often face overwhelming medical bills, lost wages, and significant pain and suffering. If you have been injured in a truck accident, you may be entitled to compensation for a variety of damages. These could include:

• Medical Expenses: Truck accidents often result in severe injuries that require extensive medical treatment. You may be able to recover compensation for both past and future medical expenses, including hospital bills, surgeries, rehabilitation, and ongoing care. It is vital to seek medical care immediately after an accident.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for the wages you have lost as a result of the accident. Additionally, if your injuries are severe and affect your ability to return to work in the future, you may be able to seek compensation for lost earning capacity.
• Pain and Suffering: Truck accidents can cause significant physical and emotional pain. You may be entitled to compensation for the physical pain, emotional distress, and diminished quality of life caused by your injuries.
• Property Damage: If your vehicle or other property was damaged in the accident, you may be entitled to compensation to cover the cost of repairs or replacement.
• Punitive Damages: In cases where the truck driver or trucking company acted with extreme negligence or recklessness, you may be entitled to punitive damages. These damages are designed to punish the wrongdoer and deter similar behavior in the future.

Our legal team at Hayhurst Law will help you with all aspects of your accident claim. We will fight tirelessly to help you receive the full compensation you deserve for all damages suffered in your truck accident.

Determining Truck Accident Liability

Sometimes it can be hard to know who to put the blame on when filing a truck accident lawsuit. Is it the truck driver who should pay for your injuries? Or the trucking company?

West Virginia allows for claimants to hold trucking companies vicariously liable for the actions of their truck drivers. The best way to determine who you should be filing your lawsuit against is to speak with our West Virginia truck accident lawyer about the details of your case.

How Hayhurst Law Can Help

At Hayhurst Law, we understand the challenges truck accident victims face. Our experienced personal injury attorneys have a deep understanding of the trucking industry’s regulations, and we know how to hold negligent drivers, trucking companies, and other parties accountable. We will thoroughly investigate your case, gather evidence, and work with experts to build a strong claim on your behalf.

If you or a loved one has been involved in a truck accident, don’t wait to seek legal help. Contact us today for a free personal injury consultation, and let us help you get the justice and compensation you deserve.

Trucking Accident Lawyer Frequently Asked Questions

When you are involved in a trucking accident, the aftermath can be overwhelming. Unlike regular car accidents, truck accidents involve multiple parties, complicated insurance policies, and strict federal regulations. As Morgantown, WV trucking accident lawyers, we help victims understand their rights and secure the compensation they deserve. Below, we answer some of the most frequently asked questions about trucking accident claims.

How Is A Trucking Accident Different From A Regular Car Accident?

Trucking accidents tend to be far more severe due to the size and weight of commercial trucks. Additionally, multiple parties may be liable, including the truck driver, trucking company, vehicle manufacturer, and cargo loaders. These cases often involve federal trucking regulations, making them more complicated than standard car accident claims.

Who Can Be Held Liable In A Trucking Accident?

Liability in a truck accident case isn’t always straightforward. Depending on the circumstances, the following parties may be responsible:

• Truck driver (if they were fatigued, distracted, or driving recklessly)
• Trucking company (for improper hiring, training, or maintenance practices)
• Truck manufacturer (if defective parts contributed to the crash)
• Cargo loaders (if improperly loaded cargo caused the accident)

We conduct thorough investigations to determine who is responsible for the accident.

What Compensation Can You Recover After A Trucking Accident?

Victims of trucking accidents may be entitled to compensation for:

• Medical expenses (current and future treatment)
• Lost wages (including reduced earning capacity)
• Pain and suffering (emotional distress, trauma, and reduced quality of life)
• Property damage (repair or replacement of vehicles)
• Wrongful death (if a loved one was killed in the accident)

At Hayhurst Law PLLC, we fight to maximize compensation, helping our clients get the full amount they deserve.

How Long Do I Have To File A Trucking Accident Lawsuit?

The statute of limitations for trucking accident claims varies by state, typically ranging from two to four years. However, evidence can disappear quickly, and witnesses’ memories fade over time. That’s why it’s imperative to seek the help of our trucking accident lawyer promptly.

What If The Trucking Company’s Insurance Tries To Deny Our Claim?

Insurance companies often try to minimize or deny claims to protect their profits. They may argue that we were at fault or that our injuries aren’t as severe as we claim. Our lawyer helps you file your claim with insurance and we handle all negotiations, so that insurance companies don’t take advantage of you. If they refuse to offer fair compensation, we’re prepared to take your case to court.

Do I Need A Trucking Accident Lawyer?

Yes. Trucking accident cases are complicated, requiring knowledge of federal regulations, insurance policies, and liability laws. Without legal representation, you may not receive the compensation we deserve. As trucking accident lawyers, we handle everything—from investigating the crash to negotiating settlements and pursuing litigation—so our clients can focus on recovery.

Trucking accidents can have life-altering consequences, but you don’t have to deal with the legal process alone. With our Morgantown trucking accident lawyer on your side, we can fight for justice and secure the compensation you need. If you’ve been injured in a trucking accident, now is the time to seek legal help. Contact attorney Eric Hayhurst today for a free consultation—he is here to help.

Focus on your recovery while we fight to win your case. If you have been injured in a West Virginia truck accident, contact Hayhurst Law at for a free consultation.