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  • Where should my West Virginia truck accident injury claim be filed?

    A truck accident injury claim can be filed in one of two places, either in the state where the accident occurred or where the trucking company is headquartered. You may want to have your case assessed by a Clarksburg injury law firm familiar with truck accidents and personal injury claims to understand which place might be better.

    9 Tips to Know Before Filing a Truck Accident Injury Claim

    Before filing your truck accident injury claim, check these 9 tips to make sure you’re prepared. 

    • Get the insurance details of other people and vehicles involved in the accident, including names, numbers and policy information.
    • Find out who the responding law enforcement and emergency personnel are by gathering their names, badges and reporting locations.
    • Get contact information of any witnesses and where they can be reached.
    • Collect any photographs of the accident scene and injuries.
    • Report the accident to your insurance company.
    • Read the details of all your insurance policies. You may have more than one insurance policy that may cover your accident and injuries. It might be possible for you to file a valid truck accident injury claim under multiple polices.
    • Any conversations or correspondence you have with the insurance company should be written down and saved.
    • Keep all receipts and bills related to the accident, such as medical costs and repair work.
    • Never misrepresent the situation to the insurance investigators because you don’t want to give them any reason to deny your claim based on fraudulence. 

    A truck accident and injury claim can be complicated. All of this information may help you prove your insurance claim, but to increase your chance of filing a successful claim, consult with a Clarksburg injury law firm.

    Contact a Clarksburg Injury Law Firm

    You should think about talking with a Clarksburg injury law firm so you’ll understand what your rights are under the law. When trucks collide with passenger cars, the results will likely be life-changing. Although there will be a lot of questions and important decisions to make during this time, choosing the right legal representation can help you make the most informed decisions possible while you seek compensation for your medical bills, lost wages, and other expenses. The Miley Legal Group in West Virginia will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation – 1-304-326-1800.

  • What kinds of damages are available in a viable West Virginia truck accident claim?

    When you’ve been the victim of a truck accident, it’s likely that you face huge medical expenses and missed time from work. These and other damages can be addressed through a West Virginia truck accident claim. Speaking with a Clarksburg injury law firm is the best way to learn what your rights are and how you can best protect them.

    Collecting Damages Through a West Virginia Truck Accident Claim

    Some of the types of damages that may be available after your accident with a truck include: 

    • current and future medical expenses (hospital, surgery, physical therapy, medication, counseling, etc.);
    • current and future lost wages (or earning potential if you’re not able to return to work);
    • permanent disability benefits;
    • disfigurement benefits;
    • pain and suffering;
    • mental anguish;
    • punitive damages;
    • loss of quality of life; and
    • any other expenses/losses related to your truck accident. 

    Ensuring that the full value of your claim is taken into consideration is best done with strong legal representation. You want to ensure that all losses—whether they’re financial, emotional or physical—are taken into account. 

    A law firm that handles truck accident claims understands the type of evidence that will be helpful to your case and can help in collecting it. Attorneys can assist you with complicated paperwork and any other aspect of what can be a time-consuming claims process.

    Contact a Clarksburg Injury Law Firm

    The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation – 1-304-326-1800.

  • What is an underride accident and are there measures a truck company could take to prevent such an accident from occurring in West Virginia?

    An underride accident occurs when a car collides with the back of a truck and then slides underneath. This serious and potentially fatal type of truck accident in West Virginia can often be avoided when trucking companies install what is known as a rear guard.

    Since underride accidents can be prevented by safe driving practices on the part of drivers, as well as installation of proper equipment, when they occur, victims often have recourse through a personal injury claim.

    A Clarksburg truck accident lawyer can evaluate the details of your case to determine if your truck accident in West Virginia was the result of negligence and whether the truck driver or trucking company may be liable for your injuries.

    Since underride accident injuries are typically catastrophic and may include multiple fractures, spinal cord injuries and permanently disabling conditions, the help of a Clarksburg truck accident lawyer is often needed.
    In other cases, fatal injuries such as decapitation occur, as many times the roof of the car is crushed.

    In an effort to prevent underride accidents, trucking companies must install rear impact guards to the back of the truck. However, if the guard is not strong enough, a car could still end up sliding underneath.

    The guards trucking companies install must meet U.S. standards. They must also make sure that the rear guard is strong enough and that it is properly installed. Even if a trucking company has a rear guard, it could be held liable in a personal injury claim if it was incorrectly installed.

    If you were injured or a loved one was killed in a truck accident in West Virginia, you should immediately consult with a Clarksburg truck accident lawyer who can determine if your underride accident was preventable.

    Contact a Clarksburg Truck Accident Lawyer 

    The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800.

  • When is the trucking company also liable for my injuries following a West Virginia truck accident?

    There are several instances in which a trucking company can be held liable for your injuries after a truck accident in West Virginia. Trucking companies and their drivers are required to abide by federal rules that are in place to help prevent an accident. If a truck driver breaks the rules and is involved in a truck accident in West Virginia, you can get the help of a Clarksburg truck accident attorney to hold the trucking company accountable.

    When a Trucking Company Can be Liable for an Accident

    A trucking company can be held accountable if their driver is involved in a West Virginia trucking accident under the following circumstances

    • The driver failed to comply with the hours-of-service rules, one of which states that the driver can't be on the road after 14 consecutive hours of being on duty after being off duty for 10 hours. 
    • The driver was not qualified to operate a tractor-trailer. All truck drivers are required to complete a driver training program to acquire the knowledge and skills necessary for operating a tractor-trailer. Additionally, a truck driver may be unqualified to drive if their license is suspended, expired, or they have lost driving privileges in that state.  
    • The truck had not been carefully inspected and maintained. The trucking company is responsible for ensuring that repairs are made and the brakes are periodically inspected by a qualified mechanic. Additionally, all equipment such as warning signals and lamps must be in good working order. 
    • The truck was in an unsafe condition. The truck should be securely loaded and balanced. If weight is not evenly distributed, the driver could lose control of the vehicle.

    These are just a few of the circumstances in which a trucking company can be liable for your truck accident in West Virginia. Your Clarksburg truck accident attorney can investigate your accident and help you take steps toward receiving compensation for your injuries. You might be able to recover damages for your current and future medical expenses, pain and suffering and lost wages.

    Contacting a Clarksburg Truck Accident Attorney

    When trucks collide with passenger cars, the results will likely be life-changing. Although there will be a lot of questions and important decisions to make during this time, choosing the right legal representation can help you make the most informed decisions possible while you seek compensation for your medical bills, lost wages, and other expenses. The Miley Legal Group in Clarksburg, West Virginia will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - 304-326-1800.

  • Should I hire an attorney to help me with my West Virginia truck accident claim?

    Determining whether you should hire an attorney to help you with your West Virginia truck accident claim will depend on a few variables. When there are serious injuries involved, it is usually in your best interest to consult with an experienced Bridgeport personal injury lawyer.

    In addition, truck accident cases can be complicated since the truck driver and the trucking company may be held liable for damages. With the help of a Bridgeport personal injury lawyer, you will have a better understanding as to who can be held accountable.

    You also want to take into consideration the likelihood of getting a fair and full settlement with the help of a Bridgeport personal injury lawyer. Trying to settle a case on your own is never a good idea. The insurance company will attempt to get you to settle for a low amount and to settle quickly.

    A Bridgeport personal injury lawyer will work with the insurance company and will take care of other complicated details, such as tedious legal paperwork.

    Additionally, your West Virginia truck accident may have left you with huge financial burdens such as medical bills and lost wages because of time off from work. You may also be facing future lost income and future medical bills. A Bridgeport personal injury lawyer knows to take these things into consideration when fighting for your claim.

    With so many circumstances affecting your case, you want to know that you are getting the best help. A Bridgeport personal injury lawyer will work on your side to help you get what you deserve after your West Virginia truck accident.

    Contact a Bridgeport Personal Injury Lawyer 

    The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800.

  • Do I have to hire a West Virginia truck accident attorney to handle my accident claim?

    No, you don't have to hire a West Virginia truck accident attorney to handle your accident claim. If you have a complicated case or if you have suffered severe injuries, it is probably in your best interest to consult with one.

    How a West Virginia Truck Accident Attorney Can Help

    The only sure way to protect your legal rights is to seek the help of an experienced West Virginia truck accident attorney. In many cases, an accident with a truck will result in serious injuries and expensive medical care, treatment and rehabilitation.

    A West Virginia truck accident attorney can help determine how much compensation you may be entitled to receive. In addition, an attorney can determine whether the trucking company was also negligent, which may lead to additional compensation.

    It won't be long after your accident before you hear from the truck company's insurance company. They will want to get you to settle quickly for an amount that is likely to be less than what you deserve.

    By contacting a West Virginia truck accident attorney, you stand a greater chance at receiving a fair settlement. In addition, a West Virginia truck accident attorney specializes in these types of accidents so they know the rules and regulations that truck drivers and trucking companies must follow.

    An attorney will know the type of evidence that will be needed for your claim. A West Virginia truck accident attorney can investigate the truck driver's log books for evidence of violations such as driving past the maximum hours allowed each day. In addition, an attorney can evaluate the driver's schedule to assess if there was pressure to drive faster than legally allowed in order to meet deadlines.

    Contact a West Virginia Truck Accident Attorney 

    The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800.

  • Are there special regulations for trucking companies? If so, who oversees them?

    Large Truck Accident Information Discussed by an Accident Attorney

    An accident with a truck can lead to devastating consequences since a passenger vehicle is no match for a large commercial truck. Trucking companies have special regulations and they are overseen by the Federal Motor Carrier Safety Administration (FMCSA).

    The FMCSA puts much of the burden of responsibility for a trucker's performance on the trucking companies that employ truckers. There are very specific regulations regarding operation of these large vehicles, some of which are listed below: 

    • Size and weight, route designations;
    • Compatibility of state laws;
    • Commercial motor carrier safety assistance program;
    • Passenger carrier;
    • Special training requirements;
    • Controlled substances and alcohol use and testing;
    • Commercial driver's license standards;
    • Safety fitness procedures;
    • Minimum levels of financial responsibility for motor carriers;
    • Rule-making procedures;
    • Qualifications of drivers;
    • Parts and accessories necessary for safe operation;
    • Hours of service of drivers; and
    • Inspection, repair and maintenance. 

    Trucking companies must adhere to these regulations and failure to act accordingly will result in penalty from FMCSA. In addition, if your Clarksburg truck accident lawyer is able to prove that a trucking company's violation of the FMCSA regulations resulted in your accident and injuries, you may be eligible for compensation in a truck accident claim.

    If you have been injured in a Clarksburg truck accident, you should contact a personal injury lawyer in Clarksburg. They can advise you of your rights and help you fight for the compensation that you may be due for any injuries you have sustained.


    Contacting a Clarksburg Truck Accident Lawyer


    When trucks collide with passenger cars, the results will likely be life-changing. Although there will be a lot of questions and important decisions to make during this time, choosing the right legal representation can help you make the most informed decisions possible while you seek compensation for your medical bills, lost wages, and other expenses. The Miley Legal Group in Clarksburg, West Virginia will work with you to fight for the compensation you deserve. Contact us today for a no cost consultation - 304-326-1800

  • Who is liable if my car accident was caused by a truck's spilled contents on the road?

    The trucking company may liable for your car accident if it was caused by a truck's spilled contents on the road. This is one of the most dangerous types of truck accidents because they can affect numerous vehicles which are driving behind the truck when it spills its load. Such an incident can even lead to other chain-reaction auto accidents when motorists try to swerve to avoid the spilled contents.

    Truck Drivers, Companies Responsible For Cargo

    The law states that truck drivers and their employers are responsible for making sure that every load is secured safely before and during transport. The Federal Motor Carrier Safety Administration (FMCSA) has instituted regulations which pertain to the loading and securing of cargo on tractor-trailers. So if these regulations are not followed, it may constitute a case of trucking company negligence.

    Causes of Spilled Contents

    There are several reasons why a truck spills its contents onto a roadway. These include: 

    • cargo weighs too much for the truck to handle
    • improperly secured cargo
    • shifting loads during transport
    • driving too fast for roadway conditions
    • adverse weather 


    Third-Party Truck Accident Claims

    It is important to note that the truck driver and their employer may not be the only ones to blame for a West Virginia truck accident involving spilled contents. Often, trucks are loaded with cargo by employees of a separate entity (such as a warehouse or train workers). So these employees and their companies might also be liable for any truck's spilled contents accident.

    Contacting a Clarksburg Truck Accident Lawyer

    When trucks collide with passenger cars, the results will likely be life-changing. Although there will be a lot of questions and important decisions to make during this time, choosing the right legal representation can help you make the most informed decisions possible while you seek compensation for your medical bills, lost wages, and other expenses. The Miley Legal Group in Clarksburg, West Virginia will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - (304) 326-1800.

  • Do you have a claim if a water truck driver causes an accident due to driving more than the legal limits they are allowed each day?

    There are legal limits for how long a truck driver can drive each day. These laws are designed to reduce driver fatigue and inattentiveness, which in turn reduce the odds of a Clarksburg truck accident taking place.

    The U.S. government agency that regulates the trucking industry is known as the Federal Motor Carrier Safety Administration (FMCSA). This body is responsible for preventing all types of truck accidents, establishing standards for the industry, and cracking down on trucking company negligence.

    In November 2008, the FMCSA finalized its rules which spell out the number of hours of operation of a tractor-trailer by an individual within a given timeframe. Listed below is a synopsis of these rules: 

    • Truck drivers must refrain from operating their vehicles for a minimum of 10 consecutive hours each day;
    • For 18-wheelers with sleeper berths, the truck driver must spend at least 8 of those "off-duty" hours inside the berths;
    • Throughout the 14 hours of a day during which a truck driver is "on-duty," the person is only allowed to actually drive a maximum of 11 hours each day;
    • The 14-hour "driving window" starts when a driver goes "on-duty" and ends exactly 14 hours later (i.e. there is no "starting and stopping the clock."); and
    • No truck driver is allowed to operate a tractor trailer for more than 60 hours in a consecutive 7-day period (unless the driver remains off-duty for a minimum of 34 consecutive hours in that timeframe).


    Contacting a Clarksburg Truck Accident Lawyer

    When trucks collide with passenger cars, the results will likely be life-changing. Although there will be a lot of questions and important decisions to make during this time, choosing the right legal representation can help you make the most informed decisions possible while you seek compensation for your medical bills, lost wages, and other expenses. The Miley Legal Group in Clarksburg, West Virginia will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - 304-326-1800.