Proving Negligence in a West Virginia Truck Crash Claim

A major trucking accident in West Virginia can be a life-altering event, leaving you with physical injuries, emotional distress, and mounting expenses. One of the critical steps in seeking compensation is proving negligence. Getting a full overview of how negligence is established in these cases can significantly impact the outcome of your claim.

Ready to start your claim? Call Bailey Javins & Carter at 800-497-0234 to set up a consultation. 

The Basics of Negligence in Trucking Accidents

Negligence is a key concept in personal injury law. It means someone didn’t act as carefully as they should have in order to avoid harm to others. In trucking accidents, proving negligence means showing that the truck driver or trucking company did not fulfill their duty to be careful, which led to your injuries. This could happen for several reasons, like if the driver was distracted, speeding, didn’t maintain the truck properly, or broke traffic laws. Each of these actions can help show that they were negligent. In a West Virginia trucking accident claim, establishing these elements is essential for seeking compensation.

Collecting Evidence to Support Your Negligence Claim in West Virginia

Collecting solid evidence is crucial when proving negligence in a truck crash claim. Start by obtaining a copy of the police report, as it usually contains vital details about the accident, such as the date, time, and possible causes. Eyewitness statements can also be invaluable. Try to gather contact information from anyone who saw the accident happen, as their accounts can help support your case.

Photographs are another essential piece of evidence. Take pictures of the accident scene, vehicle damage, skid marks, and any road signs or signals. These images can help reconstruct the events leading to the crash. If there is surveillance footage from nearby businesses or traffic cameras, try to obtain it, as it may provide a clear view of the incident.

Trucking companies are legally required to maintain various records that can be crucial in your case. These include driver logs, which can show whether the driver was fatigued, and maintenance records, which can reveal if the truck was in good condition. Inspection reports can also indicate whether the vehicle met safety standards.

Medical records documenting your injuries and treatments are equally important. These records can demonstrate the severity of your injuries and their impact on your life. The more comprehensive your evidence, the stronger your negligence claim will be. 

The Role of Expert Witnesses in Truck Crash Cases

Expert witnesses can be crucial in truck crash cases because they provide specialized knowledge that the average person might not have. These experts can include accident reconstruction specialists, medical professionals, and trucking industry experts.

An accident reconstruction expert can analyze the crash scene, vehicles, and other factors to determine how the accident happened and who might be at fault. This can be incredibly helpful in proving negligence.

Medical experts can describe the severity of your injuries and their long-term effects, giving weight to your claim for damages. They can explain how the injuries impact your daily life and future, which can influence the compensation you might receive.

Trucking industry experts can offer insights into industry regulations and standards. They can determine if the trucking company or driver followed the required rules and whether any violations contributed to the accident. 

Understanding Comparative Negligence in West Virginia

West Virginia follows a legal concept known as comparative negligence, which can influence the amount of compensation you may receive after a trucking accident.

This rule means that if you are found to be partly at fault for the accident, your compensation will be reduced by the percentage of your fault. For instance, if the court determines that you are 20% responsible for the accident and you are awarded $100,000, you would actually receive $80,000, reflecting your share of the blame.

Understanding comparative negligence is crucial because it can directly impact your case. The key point to remember is that if the jury finds you to be 50% or more at fault, it’s likely that you won’t be eligible to recover any damages at all. This makes it vital to gather strong evidence and present a compelling case to minimize your share of the blame.

Start Your Claim with Bailey Javins & Carter Today

Ready to explore your legal options with our team of truck accident attorneys? Give us a call at 800-497-0234 or fill out our online contact form.