
Large commercial trucks are a daily presence on Huntington’s highways and local roads, especially along busy freight corridors like I-64 and U.S. Route 60. With this traffic comes the risk of devastating collisions. When a semi-truck, 18-wheeler, or tractor-trailer crashes into a passenger vehicle, the consequences are often life-altering.
For those injured in trucking accidents, understanding your rights and legal options is critical. These cases are far more complicated than ordinary car crashes, and holding the responsible parties accountable requires experience, resources, and a deep understanding of both federal and state laws.
At Powell & Majestro, we have in-depth experience successfully representing commercial truck crash victims in Huntington and throughout West Virginia. We understand the complexities involved with these types of cases, and we are not afraid to go up against well-funded adversaries, such as large trucking companies and their insurers to ensure that our clients are fully compensated. Call us at 304-346-2889 for a free consultation to discuss your case.
The Unique Dangers of Trucking Accidents in Huntington
Big rig accidents are uniquely dangerous due to the sheer size and weight of commercial vehicles. A fully loaded tractor-trailer can weigh up to 80,000 pounds, while the average passenger vehicle weighs around 3,000 to 4,000 pounds. When the two collide, it’s no contest.
Common outcomes in trucking crashes include:
- Catastrophic Injuries: Victims often suffer spinal cord injuries, traumatic brain injuries (TBIs), amputations, and internal organ damage.
- Multi-Vehicle Collisions: Due to momentum and limited stopping distance, large truck crashes often involve chain reactions on highways.
- Fatalities: According to the National Highway Traffic Safety Administration (NHTSA), most fatalities in large truck crashes are occupants of passenger vehicles.
Given Huntington’s role as a regional logistics hub, commercial vehicle collisions are a serious public safety concern.
What Causes Truck Accidents in West Virginia?
Identifying the root cause of a trucking accident is essential to establishing liability. Unlike a typical fender-bender, these crashes often involve multiple contributing factors:
- Driver Fatigue: Despite Hours-of-Service regulations set by the FMCSA, some CDL drivers push their limits, leading to dangerous levels of fatigue.
- Distracted Driving: Mobile phone use, GPS programming, or eating while driving can all take a trucker’s eyes off the road.
- Impaired Driving: Driving under the influence of alcohol, drugs, or even prescription medication impairs judgment and reaction time.
- Improper Cargo Loading: Shifting loads or exceeding legal weight limits can destabilize a truck and contribute to jackknife or rollover accidents.
- Vehicle Maintenance Failures: Brake failures, tire blowouts, and faulty steering systems due to poor maintenance can cause catastrophic accidents.
- Aggressive Driving: Truckers often engage in aggressive driving to meet unrealistic deadlines, putting themselves and others at risk.
- Weather Conditions: Especially during West Virginia winters, driving along mountainous roads can be treacherous due to ice, snow, and reduced visibility.
- Blind Spots: Commercial trucks have extensive blind spots, leading to collisions when truck drivers fail to see smaller vehicles around them.
Cause | Description |
Driver Fatigue | Despite Hours-of-Service regulations set by the FMCSA, some CDL drivers push their limits, leading to dangerous levels of fatigue. |
Distracted Driving | Mobile phone use, GPS programming, or eating while driving can all take a trucker’s eyes off the road. |
Impaired Driving | Driving under the influence of alcohol, drugs, or even prescription medication impairs judgment and reaction time. |
Improper Cargo Loading | Shifting loads or exceeding legal weight limits can destabilize a truck and contribute to jackknife or rollover accidents. |
Vehicle Maintenance Failures | Brake failures, tire blowouts, and faulty steering systems due to poor maintenance can cause catastrophic accidents. |
Aggressive Driving | Truckers often engage in aggressive driving to meet unrealistic deadlines, putting themselves and others at risk. |
Weather Conditions | Especially during West Virginia winters, driving along mountainous roads can be treacherous due to ice, snow, and reduced visibility. |
Blind Spots | Commercial trucks have extensive blind spots, leading to collisions when truck drivers fail to see smaller vehicles around them. |
How Huntington, WV Trucking Accidents Differ from Car Accidents
Trucking accident cases are legally and procedurally different from car accidents in several key ways:
- Regulatory Oversight: Trucking is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). Violations of FMCSA rules can serve as powerful evidence of negligence.
- Multiple Liable Parties: Liability may fall on the truck driver, the carrier, a shipping company, or a vehicle manufacturer.
- High-Value Insurance Policies: Commercial trucks are covered by sizable insurance policies, but this often means more aggressive defense tactics from insurers.
- Unique Evidence: Black box data, GPS logs, maintenance records, and Hours-of-Service logs are essential pieces of evidence not present in typical car crash cases.
- Preservation of Evidence: Trucking companies are often quick to destroy or “lose” key records. A spoliation letter from your attorney can help preserve critical documentation.
Understanding Liability in West Virginia Trucking Accidents
West Virginia uses a modified comparative negligence system. If you are found to be 50% or more at fault for the accident, you cannot recover damages. If you are less than 50% at fault, your compensation will be reduced proportionally to your share of the blame.
To hold a party liable, your attorney must establish:
- Duty of Care: The truck driver or carrier had a legal duty to operate safely.
- Breach of Duty: That duty was violated, such as through speeding, distraction, or overloading.
- Causation: The breach directly led to the accident.
- Damages: You suffered financial or physical harm as a result.
Negligence isn’t limited to the driver. Companies can be held responsible for negligent hiring practices, inadequate training, failure to inspect vehicles, or even pressuring drivers to violate safety rules.
What to Do After a Truck Accident in Huntington
Your actions after a trucking accident can significantly affect your ability to recover compensation. If you are physically able, take the following steps:
- Call 911 and report the crash to the police.
- Get medical attention immediately, even if your injuries seem minor.
- Document the scene: Take photos of vehicle damage, injuries, and the roadway.
- Gather information: Get the truck driver’s name, employer, license plate number, and insurance information.
- Speak with witnesses and get their contact information.
- Do not give a recorded statement to the trucking company or its insurer without legal advice.
- Contact an attorney quickly to issue a preservation letter and begin an investigation.
Preserving evidence, especially black box data and driver logs, is critical. Trucking companies are often prepared to act fast to protect themselves.
Your Legal Options: Compensation and the Claims Process
Victims of truck crashes in West Virginia may be entitled to various forms of compensation, such as:
- Medical expenses: Emergency care, surgeries, rehabilitation, and ongoing treatment.
- Lost wages: For time missed at work or diminished earning capacity.
- Pain and suffering: Physical and emotional trauma, loss of enjoyment of life.
- Property damage: Repairs or replacement of your vehicle.
- Wrongful death: If a loved one was killed in the crash, surviving family members may be eligible for additional compensation.
Filing a claim often begins with an insurance demand. If the insurer fails to offer a fair settlement, your attorney may file a personal injury lawsuit. In West Virginia, the statute of limitations for most truck accident cases is two years from the date of the crash.
Why Legal Help Matters in Trucking Cases
Semi-truck accident claims are notoriously complex. In many cases, the trucking company will already have a legal team and insurance adjusters working to minimize liability by the time you leave the hospital.
An experienced truck accident lawyer can:
- Conduct an independent investigation
- Issue preservation letters
- Retain expert witnesses for accident reconstruction
- Negotiate with insurance companies
- Take the case to trial if necessary
Without skilled representation, you risk accepting a lowball offer or missing key evidence that could significantly increase your compensation.
Powell & Majestro: Advocates for Truck Crash Victims in Huntington
At Powell & Majestro, we understand what you’re up against after a serious truck crash. Our team has the experience and resources to stand up to large trucking companies and fight for full and fair compensation.
If you’ve been injured in a trucking accident, Powell & Majestro is ready to help—call us today at 304-346-2889 or message us online for a free consultation.