West Virginia Truck Accident Attorney
30 Years Of Experience Handling Truck Accident Claims
If you are injured in a trucking accident, you have the right to seek compensation from the negligent driver, and sometimes the trucking company, as well. The Peyton Law Firm, P.L.L.C., will assist in holding the negligent party responsible and recovering maximum damages on your behalf.
Contact our office in Nitro, West Virginia, for a free initial consultation regarding your truck accident claim.
Federal Regulation Violations
The trucking industry is heavily regulated in an attempt to reduce the number of truck accidents and serious injuries. Unfortunately, these federal trucking regulations are frequently ignored. When a truck company fails to maintain its vehicles, forces long working hours or hires unsafe drivers, it can be held accountable for accident injuries or wrongful death. When a driver uses illegal substances, improperly loads a tractor-trailer or falsifies log book entries, he should be held liable.
At the Peyton Law Firm, P.L.L.C., we have more than 30 years of experience representing victims of tractor-trailer accidents. We are highly familiar with the regulations, and know when to pursue an accident claim against the truck driver, the company or both. We will carefully evaluate your case and advise on the option that can yield the most favorable outcome. Once we determine fault for the semi accident, we will work hard to gather evidence and prove liability.
Recovering Damages For Serious Injuries Resulting From 18-Wheeler Accidents
The difference in size between a semi truck and car or motorcycle makes serious or fatal injuries likely. Whatever your or loved one’s injury – spinal cord injury, brain injury, broken bones – we are committed to obtaining the full and fair amount of compensation you deserve.
Our aggressive approach to cases has helped us recover millions of dollars in compensation in more than 1000 personal injury and wrongful death lawsuits. You, too, can benefit from this record of success.
To discuss your truck accident claim with an experienced personal injury attorney, contact us at 800-681-9555 or send us an email to make an appointment. We represent injured clients and the families of those who were killed in truck accidents in West Virginia or southern Ohio.
We Handle All Types of Truck Accident Cases
If you or a loved one was injured in a commercial vehicle crash, you need a legal team with the specific experience required to take on major trucking and insurance companies. We handle a wide range of semi-truck and commercial vehicle accident claims, including:
- Coal truck accidents
- Logging truck accidents
- Interstate trucking accidents (I-64, I-77, I-79)
- Water truck accidents
- Drunk driving accidents
- Accidents involving unsecured loads
- Fatigued truck driver accidents
- Tire blowout accidents
- Jackknifed truck accidents
Following a crash near Nitro or Charleston, a West Virginia truck accident lawyer from our firm will immediately begin investigating the root cause of your accident. We look at all relevant factors, including FMCSA logbook violations, defective equipment, unqualified drivers and broken safety regulations to build the strongest possible case for you.
Dangerous Interstates And Roadways
You already know that West Virginia’s mountainous terrain can make driving dangerous. When you combine the steep grades with curves, tunnels and heavy traffic, your drive is even more hazardous.
If you are in a trucking accident, you need a local lawyer to protect your right to compensation. At the Peyton Law Firm, P.L.L.C., we are proud to be part of this community, serving people from our office in Nitro. We represent drivers and passengers injured by large trucks carrying coal, lumber, natural gas and heavy equipment. You can come to us for help with accidents on:
- Interstate 64: Traveling on this roadway means driving in significant traffic with many tractor trailers.
- Interstate 77 and the West Virginia Turnpike: The scene of many runaway trucks and jackknifed trucks, I-77 and the WV Turnpike are well known for serious accidents.
- Interstate 79: Large delivery trucks and heavy equipment make this a dangerous route for people in passenger vehicles.
We also represent people injured by semis and large trucks on local streets and other area roads. No matter where your accident happened, you can turn to our firm for experienced, caring representation.
How Long Do I Have To File A Truck Accident Lawsuit In West Virginia?
Under West Virginia Code § 55-2-12, you have just two years to file a truck accident lawsuit in West Virginia. This may seem like a long time, but you want to get started right away. It is important to have a lawyer start gathering the evidence from the trucking company as soon as possible. Maintenance records, black box data and the electronic logging device data may be unavailable after a few months unless a lawyer sends a spoliation letter to the trucking company.
Can I Still Recover Compensation If I Was Partially At Fault For The Truck Crash?
Yes, you can still recover compensation if you were partially at fault for the truck crash. In West Virginia, we follow a modified comparative negligence law. This means that if you are 50% or less at fault for the accident, you can recover damages. Your recovery will be reduced by the percentage of fault you share, however. If you are 51% or more at fault, you cannot get compensation.
It’s a good idea to have an experienced attorney on your side in these situations because the insurance company may try to claim you are responsible for more of the fault so that they don’t have to pay out compensation to you. We will fight back if this happens.
What Compensation Can I Recover With A West Virginia Truck Accident Lawyer?
A truck accident attorney can help you explore all possible types of compensation. These could include compensation for immediate medical bills, emergency services, lost wages, long-term medical care costs, rehabilitation costs, lost earning capacity, pain and suffering, and more. You may also deserve compensation for noneconomic damages, such as a loss of enjoyment in life.
Who Is Liable After A Truck Accident?
All semi-truck accident claims are unique. The driver may be legally responsible for the crash if it was due to driver error, such as breaking the speed limit, following too closely, not braking in time or running a red light. But the trucking company may also be responsible – and may therefore be another source of compensation. This could happen if the driver wasn’t properly trained, for instance, or if the truck wasn’t properly maintained.
If The Insurance Company Makes A Settlement Offer, Should I Take It?
Always remember that insurance companies maximize profits by minimizing payouts. They are not on your side. The settlement may not cover all of your costs, especially long-term costs. This is why it is so important to contact an experienced truck accident attorney who can help you negotiate and maximize your compensation.
Schedule A Confidential Case Evaluation With Our Truck Accident Lawyers
Our law firm regularly helps clients who were involved in serious accidents in Charleston, Huntington or anywhere along the I-64 corridor and throughout West Virginia.
We are proud to provide legal services to our local communities from our office in Nitro, West Virginia. Schedule a free consultation with our personal injury and wrongful death lawyers by calling 304-755-5556 or toll-free 800-681-9555 or use our online contact form.