If you suffered an injury in a commercial and semi-truck accident in West Virginia, you know how serious the effects of this type of collision can be. Due to the immense size and weight of semi-trucks, they can cause significant damage when involved in an impact with a smaller, lighter vehicle. Even a low-speed collision can have detrimental consequences.
Proving fault and pursuing compensation after this type of accident can be complex, and it is never easy to challenge trucking companies and their high powered insurance companies. When facing this type of legal challenge, you need a legal ally who can advocate for your rights and help you navigate the personal injury claims process.
Building a strong case
Critical to any personal injury case is the theory of liability. It is crucial to prove that a party other than yourself is liable for what happened in order to collect any amount of damages. In most cases involving large truck negligence in some form plays a role in the collision. Your case must prove the following:
- The truck driver, trucking company or other defendant owed you a reasonable standard of care to avoid harm and injury.
- There is evidence that the defendant failed to exercise this standard of care, leading to harm.
- The defendant’s failure to show reasonable care is the reason for your physical and financial pain and suffering.
In truck accident claims, it is likely that there are multiple defendants you can name as liable parties. While the trucking company and the truck driver may seem like the most obvious, other parties, such as the manufacturer of a dangerous vehicle part or the company that loaded the cargo, could carry a share of the blame as well.
When naming the trucking company as a defendant in an accident claim, you would need to prove that the employer exercised some degree of influence and control over the driver. For example, an employer that pressured truckers to deliver loads faster could be liable if a fatigued trucker causes an accident.
Navigating the claims process
The personal injury claims process can be both intimidating and complex, especially if you are dealing with trucking companies and multiple liable parties. Before you move forward, you will find it beneficial to first reach out for help from an experienced attorney for guidance and advocacy as you fight for your full and fair recovery.
A semi-truck accident may have left you injured and facing significant financial loss, but you have the right to take legal action to seek damages, claim compensation, and take the needed steps to rebuild your life.
Contact us today to discuss your accident case with an experienced accident and injury lawyer. Our lawyers at Campbell & Smith, PLLC are experienced in everything from medical negligence and malpractice and car crashes to sexual harassment.