Trucking Accidents

 

Morgantown Trucking Accident Lawyer

Put Our West Virginia Truck Accident Attorney On Your Side!

Trucking Accident Attorney Eric HayhurstTruck 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. The truck accident lawyers at Hayhurst Law are dedicated to helping victims navigate the complex legal landscape 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 Hayhurst Law right away before speaking with the trucking company. You need a 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 complex machines that require regular maintenance to ensure 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 a crucial 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 complex 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. The lawyers at Hayhurst Law 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 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, ensuring 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 the experienced attorneys at Hayhurst Law have the resources and knowledge needed to identify all responsible parties and build a strong case on your behalf.

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.
  • 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.

The legal team at Hayhurst Law will fight tirelessly to ensure 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 a 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 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 Hayhurst Law today for a free consultation, and let us help you get the justice and compensation you deserve.



 

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.

Hayhurst Law Personal Injury Lawyers

Please enable JavaScript in your browser to complete this form.

Verdicts & Settlements

Your Victories are Our Victories

$2 Million

Wrongful Death Car Accident

Head-on collision between SUV and Box truck

View More Results

Shelby Lee

2023-12-18

Very professional, thorough and informative! Him and his staff were so nice and always got back to me in a timely matter. Highly recommend!

Brittany Brandt

2023-10-14

Eric Hayhurst is professional, hard working and will get the job done. Highly recommend for any personal injury case you may have.

Lisa Stackpole

2023-09-20

Attorney Hayhurst is a Dedicated, hardworking attorney that strives to do his very best for his clients!

Jen Tracey

2023-07-20

10 stars! I am extremely happy with the service Mr. Hayhurst and staff provided ! I would highly recommend!

Client Testimonials

Real Stories from Real People

He was always there for me.

{

“I was very impressed with his level of concern and compassion for my disabilities after my accident”

-Angela

Verdicts & Settlements

Your Victories are Our Victories

$2 Million

Wrongful Death Car Accident

Head-on collision between SUV and Box truck

View More Results

Why Hire Hayhurst Law?

Results-Driven Approach

We are prepared to do what it takes to get clients the recovery they deserve, including going to trial.

 

 

Successful Track Record

Eric Hayhurst has recovered millions of dollars in verdicts & settlements on behalf of the injured.

Accessible to Clients

Attorney Eric Hayhurst is committed to handling cases directly & making himself available to clients.

 

 

Committed to the Community

Native to West Virginia, Eric Hayhurst is dedicated to serving the Injured throughout the community.

Why Hire Hayhurst Law?

Results-Driven Approach

We are prepared to do what it takes to get clients the recovery they deserve, including going to trial.

Successful Track Record

Eric Hayhurst has recovered millions of dollars in verdicts & settlements on behalf of the injured.

Accessible to Clients

Attorney Eric Hayhurst is committed to handling cases directly & making himself available to clients.

Committed to the Community

Native to West Virginia, Eric Hayhurst is dedicated to serving the Injured throughout the community.