What are the major elements of a truck accident case?

In every state, including West Virginia, trucking accidents take lives every year. For the most part, lawsuits that involve these accidents are far more complicated than ordinary accident suits. A legal counselor must be aware of all the federal and state laws that come into effect in these types of accidents.

There are also several parties to a truck accident lawsuit apart from the driver. For instance the trucking company, the vehicle owner and the company who loaded the goods can be liable for an accident and this could get so dizzy it could make West Virginia truck accident lawyers head spin.

What happens if there is more than one victim? What if one of the victim’s is not really a victim? It may not be as complicated as a truck (Galvetron) shooting missiles and blowing up cars like what happened in Transformers 4 but truck accidents can have many moving parts. No worries here, we know Galvetron was not going to ask for a West Virginia truck accident lawyer for all the damage he caused.

Worker’s compensation could be involved. This case could turn into several cases. There could be more paperwork with this case(s) than the entire tax code. Probably not but this case could morph into another case. Before it even goes this far, you need legal help. There is website that is simple to use and that is taking the virtual and real world by storm. It is a site that has literally saved lives. If you believe you need legal help for worker’s comp, go right here: http://workers-compensation.usattorneys.com/west-virginia/. You will be improving your odds immensely if you do that. If there was a most value website (MVW) award, this website would win it.

What are the principal causes of a trucking accident?

The sheer size trucks and the heavy payloads they carry are reason enough to cause accidents. However, there are several other common causes why truck accidents prove fatal or cause serious injuries. These include:

• Driver fatigue
• Rollovers
• Jackknifing
•  Failure to brake on time to avoid a collision
• Fire from hazardous chemicals
•  Inexperienced driver
• Violation of loading regulations
• Lack of maintenance
• Wear and tear of parts

Some state and federal laws

• Limitation on Hours of Service – A driver is permitted to stay on road without a break for a certain amount of time. This law ensures that the driver gets enough rest while commuting.
•  Maintain Log Books – Drivers must maintain detailed driving information in a log book. This will show if the rules of rest and travel have been adhered to.
• Vehicle Safety – The vehicles must be properly serviced and maintained. Inspection of the equipment as well as emissions must be conducted before the vehicle hits the road.
• Insurance – It is mandatory to have the vehicle and goods insured. The amount of truck accident insurance varies according to the type of vehicle and the nature of merchandise they transport.

Apart from federal, there are state laws that must be strictly followed too.

West Virginia truck accident attorneys know the federal laws formed by the US Department of Transportation, the Federal Motor Carrier Safety Administration (FMCSA), and the several state laws oversee important aspects of the trucking business like the licensing and also truck inspections.

Reports by truck inspectors

There are truck inspectors who check whether the company has strictly complied with the federal and state laws in the event of an accident. Failure to comply means they can be held liable in a lawsuit.

In any truck accident case, the legal professional for the plaintiff will use the compliance report prepared by the inspector as evidence. In addition, the legal representative will study all the past inspection reports to see if the company had violated any laws in the past. These reports are presented as vital evidence to prove negligence on the part of the company.

Computers on board

Most trucks have a computer mounted on the dashboard that acts just like an aircraft’s black box, recording every movement of the vehicle and can provide valuable inputs to a West Virginia truck accident lawyer. The digital logs are a power house of information as they reveal the length of breaks that the driver has taken, how many times the driver applied the brakes, and the speed of vehicle at the time of accident.

Years ago, to escape liability, trucking companies asked their drivers to own the vehicles that they drive. So in the event of an accident the company can escape a lawsuit by claiming that they are not the owners of the vehicle so they must not face penalties. However, federal laws now mandate that the trucking company will face liability even if the accident was caused by an independent driver working for the firm.

Some trucking companies, like UPS for example, own the truck that their drivers operate so that is not an issue. When the trucking company has their logo and name on the trailer in sparkling colors, it is probably obvious who owns that truck. If you need a truck accident legal help, go right here: http://truck-accident.usattorneys.com/west-virginia/.