The personal injury claim statute of limitations in West Virginia is two years from the date of the accident and injury. This is the timeframe in which a claim for a truck accident could be filed.
The collection of evidence, completion of paperwork and other aspects of the claims process can sometimes be lengthy, so it’s a good idea to get started as soon as possible. Consulting with a Clarksburg truck accident lawyer could help avoid running out of time.
Establishing Negligence in a Truck Accident Case
When deciding whether an injured party should proceed with a personal injury claim before the statute of limitations expires, he or she may speak with an attorney about establishing fault for the truck accident. Trucking companies will be quick to have legal counsel working on their behalf.
Therefore, efforts may be made to downplay any fault in the accident or to shift the blame onto the driver of the motor vehicle. This is yet another reason it would be helpful to seek legal advice with a Clarksburg truck accident lawyer.
One of the ways that a truck driver and/or the trucking company could be found negligent is when there is evidence of a federal rule violation. For instance, drivers are limited in how long they can operate a commercial vehicle.
If it can be shown the driver went over those limits (such as through a logbook or an onboard electronic recording device), liability could also be with the employer. But it may take time to acquire this evidence, which is why it’s important to get started on the case as soon as possible.
Negligence could also be established other ways, such as through photographs or testimony from witnesses. In order to avoid missing the opportunity to file a claim, seek help from a Clarksburg truck accident lawyer at The Miley Legal Group who can help collect evidence and file the personal injury claim before the statute of limitations runs out.