Determining who was at fault for an accident can be problematic, depending on the condition of the scene and the vehicles in its aftermath. Accident reconstruction teams and other investigators may be needed in order to figure out the how and why. The West Virginia State Police will most likely need to send in these types of experts in order to decipher what happened in a recent logging truck accident.
The crash occurred on Route 20 somewhere around 6 a.m. Preliminary information says that the logging truck and passenger car collided head-on. When troopers with the West Virginia State Police responded to the scene, the driver of the passenger car was seriously injured. A helicopter was called to fly the driver to a hospital in the area.
Sometime later, the victim succumbed to the injuries suffered in the crash, despite the efforts of doctors and other hospital staff. The truck driver fared far better having suffered only minor injuries. The investigation is ongoing.
It could take investigators some time to determine which vehicle strayed over the center line into the path of the other. If the logging truck driver is deemed responsible for the crash, he could face charges. Moreover, he and his employer could face a wrongful death claim filed by the family of the deceased driver.
When a truck driver is acting within the scope of employment at the time of a truck accident, the company for which he or she works could be held financially liable by the court. Before a decision can be made regarding damages; however, negligence on the part of the driver must be proved. If it is determined that the victim was partially responsible for the crash, any award to which the family is entitled may be reduced so long as the victim’s responsibility does not exceed 49 percent.
Source: wboy.com, “Two-Vehicle Accident in Webster County Involving Log Truck Kills 1“, Lacey Palmer, May 28, 2015