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Centers for Disease Control and Prevention: COVID-19

A man who says a truck driver caused an accident in West Virginia that left him injured is suing the driver and the driver's employer. The accident happened on Oct. 4, 2014, on Interstate 64 near Huntington.

The plaintiff, who filed the lawsuit on Aug. 31, says that he was struck by a tractor-trailer that moved into his lane. He says that his vehicle smashed into the guardrail and cement wall along the side of the road as a result.

Both punitive and compensatory damages are asked for in the lawsuit. The man says that the driver's carelessness and negligence caused the accident. He also says that he has suffered a number of consequences as a result of the accident including medical expenses, severe injuries, physical limitations, pain and suffering, annoyance and inconvenience and a diminished capacity to enjoy life.

A motor vehicle crash can result in serious injuries, and this may be even more likely when a truck is involved because of its size and its difficulty in stopping and maneuvering. Generally, if the negligent truck driver is on the job at the time that an accident happens, the employer can be held financially responsible under the theory of vicarious liability. Injured victims may want to meet with a personal injury attorney to discuss how to proceed. A lawsuit seeking compensation for the losses that have been incurred can be successful even if no criminal charges are filed against the driver or, if they are, a conviction is not obtained. This is because of the lower burden of proof on a plaintiff in a civil action compared to that on a prosecutor in a criminal trial.

Source: West Virginia Record, "Man sues DSV Express for car accident," Kyla Asbury, Oct. 17, 2016

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Peyton Law Firm, P.L.L.C.
2801 First Avenue
P.O. Box 216
Nitro, WV 25143-1602

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Phone: 304-755-5556
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