Car, Truck, & Motorcycle Accidents
West Virginia Accident Lawyer
Vehicle accidents can result in large amounts of trauma, including personal injuries and property damage. An experienced West Virginia accident lawyer can help hold the people, businesses or other entities whose conduct led to an accident responsible and recover the damages you deserve.
Identifying the correct party to sue, proving your damages and handling the procedures involved in insurance claims or lawsuits after sustaining injuries in a car, truck or motorcycle accident can be intimidating. The experienced attorneys at Windom Law Offices can help guide you through the legal process and maximize the recovery in your case.
A West Virginia Accident Lawyer Explains Liability And More
When a car, truck or motorcycle accident occurs, the driver is almost always a named defendant. However, in some cases, there may be additional liable parties. For example, when a truck driver causes an accident while driving a vehicle for work, the employer could also be liable.
There may also be additional parties at fault in West Virginia car and motorcycle accidents, including employers, manufacturers or government entities. A West Virginia accident lawyer can help you determine the correct parties to sue if you were injured by the negligence or actions of someone else in a car, truck or motorcycle accident.
When To Contact West Virginia Car Accident Attorney
The National Highway Traffic Safety Administration reports that 38,824 people were killed and 2.28 million injured in traffic accidents in the United States in 2020, the most recent year for which full data is available. This represents the largest increase in fatalities on roadways since 2007, and more accidents related to speeding, driving under the influence of alcohol and failure to use a seat belt all contributed to this number.
Many of these accidents were caused by the improper or neglectful actions of others, including drivers, manufacturers or the government entities responsible for maintaining safe road conditions. If you were injured or your loved one was killed in a car accident in West Virginia, you should contact a West Virginia car accident attorney as quickly as you are able. When you do this, your attorney can investigate the scene of the accident and gather evidence, talk to witnesses, enlist experts to speak on your behalf and manage the legal processes for getting compensation for your losses.
When To Contact West Virginia Truck Accident Lawyers
An employer is liable for the actions of its employees performed within the scope of employment. The scope of employment includes any actions reasonably related to the employee’s job. However, a truck driver is not within the scope of employment when performing a task for the driver’s personal life or taking actions not consistent with the work.
In some cases, the employer can be liable for the negligent hiring of a truck driver. The company’s negligence could arise if it failed to conduct a background check or knew of potential risks when hiring the driver. Failure to follow appropriate safety regulations or to properly maintain the vehicle or other equipment may also mean that the driver or business involved should be held liable for an accident and be required to compensate the injured party or parties accordingly.
Other individuals or entities may be deemed negligent or at fault in West Virginia truck accident claims as well. For example, a product manufacturer that sold faulty equipment or parts may have been negligent or in the wrong with regard to the truck involved in the accident.
If you were injured in a truck accident, your best course of action is to reach out to experienced West Virginia truck accident lawyers as soon as possible to begin the investigation and filing of your claim or lawsuit.
When To Contact A West Virginia Motorcycle Accident Attorney
According to the National Highway Traffic Safety Administration, 82,528 motorcyclists were injured in accidents in 2020. Worse yet, fatalities in motorcycle accidents occurred 28 times more frequently than in accidents involving passenger vehicles. The 5,579 motorcycle fatalities that occurred in 2020 represented 14 percent of all traffic deaths that year.
Motorcyclists know the hazards of the roads, but when someone else’s actions cause an injury or death on a motorcycle, the motorcyclist is no less entitled to compensation than passengers in cars and trucks. These passenger and commercial vehicles have a responsibility to other drivers on the road, including motorcyclists, who are more vulnerable to injury and death.
When a motorcycle accident occurs, medical treatment should be sought immediately. Once the immediate medical needs of the driver and any passengers are tended to, the smart move is to contact a West Virginia motorcycle accident attorney who can help you establish and file your claim for compensation.
Common Accident Injuries Handled By A West Virginia Accident Lawyer
Car, truck and motorcycle accidents can range from minor to severe, and, too often, accidents result in death. Further, collisions do not just involve other vehicles; pedestrians are also at risk of suffering serious injuries from a traffic-related accident. Common injuries sustained in a vehicle accident include:
- Traumatic brain injuries (TBI)
- Spinal injuries
- Lacerations and abrasions
- Wrongful death
The injuries are not limited to those above and can include a combination. West Virginia accident injuries can be severe and life-changing, and even seemingly minor injuries can seriously impact a person’s ability to work and enjoy life in the same way as before the accident. A West Virginia accident lawyer can help you identify the parties at fault and all of your injuries and losses and recover compensation for the injuries and other losses that resulted from a car, truck or motorcycle collision.
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Damages West Virginia Truck Accident Lawyers Can Help Recover
Individuals who are injured in vehicle accidents may be able to recover significant damages, the legal term for compensation received from the at-fault parties. Damages reimburse the plaintiff for their physical and financial suffering. In cases of wrongful death, damages compensate surviving family members for the loss of their loved one.
Economic Damages In West Virginia Accident Claims
Economic damages are generally the easiest to prove. The plaintiff may recover economic damages for all financial losses caused by the collision, including:
- Lost wages
- Lost earning capacity
- Past and future medical expenses
- Loss of or damage to property, such as a vehicle
- Any out-of-pocket expenses caused by the crash
Plaintiffs who sustained injuries in a West Virginia vehicle accident may also be entitled to compensation for the pain and suffering caused by the crash. Generally, the worse the injury, the more the plaintiff may recover for their pain and suffering. The plaintiff may also recover compensation for a diminished quality of life, which is measured by comparing the person’s daily life before the collision to their life after the incident.
Wrongful Death Claims
For a wrongful death claim, the surviving relatives may recover damages for the impact the loved one’s death has on the life of surviving family members and dependents. As such, they may recover compensation for the following:
- Mental and emotional impacts of the loss
- Economic loss, including the loss of the decedent’s income and having to replace the assistance, aid and care the decedent provided
- Expenses for care and medical treatment received by the decedent before death
- Reasonable funeral expenses
For help recovering damages, contact an experienced West Virginia accident lawyer at Windom Law Offices.
Who Can File West Virginia Truck Accident Claims
Generally, the person or people injured in a car, truck, or motorcycle accident may bring a lawsuit for damages. However, if the injuries prevent the victim from being able to handle the stresses of a lawsuit, a personal representative may sue on the victim’s behalf.
West Virginia accident claims alleging wrongful death must be brought on behalf of the decedent. Unfortunately, only the personal representative can bring a lawsuit for damages. Generally, the personal representative is set out in the will as the executor of the decedent’s estate.
If a personal representative was not specified in the will or if there is no will, someone must apply to be appointed as the estate administrator. The application process should be started shortly after the accident as WV Code § 55-2-12(b) only allows two years to bring a wrongful death claim after the accident.
Contact Windom Law Offices To Discuss Your Case
An experienced West Virginia accident lawyer can help you negotiate with the insurance company, sue the correct party or parties if needed and recover the damages you deserve. Whether it is best to settle your claim or go to court, the legal process can be overwhelming and emotional.
When you work with a West Virginia accident lawyer from Windom Law Offices, PLLC, you have caring, experienced injury lawyers fighting to maximize your recovery. To learn more about how we can help, call us at 304-643-4440, or fill out this online contact form.
Windom Law Offices, PLLC
For a consultation, please call our office or complete our online form.
101 East Main Street, Harrisville, WV 26362