Fatal Truck Accident Lawyer
West Virginia’s winding mountain roads and difficult enough to navigate for regular-sized vehicles, but the steep grades and sharp curves are particularly challenging for drivers of large trucks. Unfortunately, deadly truck accidents in Charleston, West Virginia, and the surrounding areas happen far too often. While no amount of money will make up for the loss of a loved one, you may still be entitled to some compensation to cover some of your damages. With a experienced truck accident lawyer in your corner, you can get the support you need to seek justice.
The legal team at Warner Law Offices, PLLC, can assist you with everything related to your case, including conducting the investigation, filing documents, and dealing with insurance companies. Let our compassionate and skilled legal team handle the details of your claim so you can focus on the grieving process and your family’s recovery. With our attorneys, you’ll receive the empathetic legal representation you deserve.
- How Can an Attorney Help Me After a Fatal Truck Accident?
- Why Hire Warner Law Offices, PLLC?
- Who Is Liable in a Fatal Truck Accident in Charleston, WV?
- What Causes Fatal Truck Accidents in West Virginia?
- How Negligence Is Established After a Truck Accident in West Virginia
- Charleston, WV Fatal Truck Accident Statistics
- Warner Law Offices, PLLC Can Help You Seek Justice
How Can an Attorney Help Me After a Fatal Truck Accident?
If you’ve lost a loved one in a deadly truck accident, a knowledgeable and trustworthy fatal truck accident lawyer can help you get peace of mind and seek justice.
It can feel impossible to juggle everything—including grief, hospital bills, logistics, insurance companies, and legal battles—that comes after a tragedy of this magnitude. Luckily, the attorneys at Warner Law Offices are compassionate and experienced in these cases. We can take the weight off your shoulders and let you focus on your recovery. We handle the hard work, including:
- Investigating your claim
- Researching relevant laws
- Negotiating with insurance companies
- Gathering evidence, such as police reports, video footage, witness statements, and expert opinions
- Determining the viability of a wrongful death claim
- Filing a lawsuit
- Estimating your total damages, including economic, non-economic, and punitive
- Negotiating potential settlement agreements
- Representing you in court
Why Hire Warner Law Offices, PLLC?
The legal team at Warner Law Offices knows how difficult it can be to lose a family member in a fatal accident. We understand your challenges and are ready to fight for you.
Our lawyers have recovered millions of dollars in damages for clients like you. We have a sterling reputation in Charleston, West Virginia, and surrounding areas for fighting hard to get our clients maximum compensation. We have a history of winning multimillion-dollar awards, including $13 million in an auto accident case.
We take a client-centered approach. Our lawyers treat every client and case with compassion, dedication, and commitment. Our firm’s seasoned fatal truck accident attorneys manage the complex legal process, allowing you and your family to focus on healing. Our clients recommend us for our tireless advocacy and determination to secure the justice and compensation they deserve
We work on a contingency fee basis, so you pay no fees for our services until we recover damages for you. If your loved one was the victim of a deadly truck crash, speak with our fatal truck accident attorneys at Warner Law Offices.
Who Is Liable in a Fatal Truck Accident in Charleston, WV?
In West Virginia, several different parties may be liable for a fatal truck accident, and much depends upon the specific details of your case. However, potentially liable parties may include:
- The truck driver
- The trucking company
- The truck manufacturer
- The truck maintenance company
- Cargo loaders or shippers
- Other drivers
- Government entities
More than one party could be liable for the accident. The time limit, or statute of limitations, for filing your claim varies depending on the party responsible. The statute of limitations in West Virginia for a standard fatal truck accident is two years. However, the deadline could be significantly shorter if a government entity is involved.
Contacting a knowledgeable and strategic fatal truck accident lawyer as soon as possible is essential to the success of your case.
What Causes Fatal Truck Accidents in West Virginia?
There are many potential causes of fatal truck accidents, including:
How Negligence Is Established After a Truck Accident in West Virginia
The standard of negligence in West Virginia is called modified comparative negligence. Under this law, you can recover damages if you are no more than 50 percent responsible for your accident. This means you can still recover damages if you are somewhat responsible. However, the court will reduce your damage award according to the percentage of your responsibility.
For example, if you file a claim for $100,000, but the court finds you 20 percent responsible for the accident, it will reduce your damage award by 20 percent, or $20,000. The court would award you $80,000 after the reduction of your percentage of fault.
The following elements are required to establish negligence:
- Duty of care: All drivers have a legal duty to drive safely and obey traffic laws.
- Breach of duty: If a driver fails to live up to their duty of care, they have breached that duty.
- Causation: The breach of duty must have caused the accident.
- Damages: The accident must result in damages.
Multiple parties may share responsibility for the accident. In addition, the victim may be partially
responsible—this can affect the amount of compensation recoverable in a wrongful death suit. Retaining an experienced fatal truck accident attorney can help maximize your damages and ensure your loved one isn’t determined more than 50 percent responsible for the accident.
In a fatal truck lawsuit in West Virginia, you can seek compensation for economic and non-economic damages, including the following:
- Pain and suffering
- Medical expenses incurred before your loved one’s death
- Funeral and burial expenses
- Loss of companionship, protection, and care
- Lost wages and financial support
- Mental anguish
You can also seek punitive damages of up to $500,000 if the negligent party acted maliciously or with reckless disregard for human life.
Charleston, WV Fatal Truck Accident Statistics
The National Safety Council reports that 5,700 large trucks were involved in fatal accidents nationwide in 2021, marking an 18 percent increase over the previous year and a 49 percent increase in the last decade.
In 2021, 5,788 people died in large truck crashes. Of those victims, 72 percent were occupants of other vehicles, 17 percent were truck occupants, and 11 percent were non-drivers—mostly pedestrians and bicyclists.
Large trucks accounted for nine percent of all vehicles involved in fatal accidents.
The problem is local, as well. According to the Federal Motor Carrier Safety Administration’s Motor Carrier Management Information System, there were 1,010 large truck crashes in West Virginia in 2021. Those crashes involved 1,093 vehicles and resulted in 42 fatalities.
Warner Law Offices, PLLC Can Help You Seek Justice
Fatal truck accidents are devastating, and your family deserves to hold negligent parties accountable on your loved one’s behalf.
Contact the compassionate and highly skilled fatal truck accident lawyers at Warner Law Offices. Our seasoned legal veterans have decades of experience representing families like yours.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.