Identifying the Cause of WV Truck Accidents
Common Causes of WV Truck Accidents
There are various causes of accidents involving large trucks in West Virginia (WV) and throughout the United States (US), but some are more common than others. Identifying the related factors and primary cause of WV truck accidents is critical when someone is injured or killed in these crashes. If the accident happened because of someone else’s actions or negligence, the victim or family members may be entitled to money damages to compensate for related injuries and losses.
Why Identifying the Cause of WV Truck Accidents Is Important
Semis, 18-wheelers, and other large trucks are a necessary part of US commerce. Truck drivers face long hours, boring stretches of empty road between destinations, and high stress. Freight companies are known to cut costs by omitting safety checks, skipping vehicle equipment upgrades, and encouraging drivers to push past limits on driving hours, among other unsafe practices.
When unsafe drivers and trucks are on the road, everyone is at risk. In this blog, West Virginia truck accident lawyers discuss some common causes of truck accidents in WV and around the country. We also explain why investigation of WV commercial trucking accidents is critical to establish liability (who is at fault) and ensure that those responsible compensate the injured party or parties for their damages.
Driver Fatigue Is a Common Cause of WV Truck Accidents
Truck drivers are expected to haul their cargo long distances, often across the entire country, in a matter of days. This means hours and hours of driving, occasionally stopping at rest stops.
Federal law limits how many hours a trucker can drive without taking a break and how many active driving hours a trucker is allowed per week or similar period, but freight companies may overtly or subtly encourage drivers to ignore these rules to make trips faster to earn more revenue for the drivers and the companies.
Lack of sleep combined with long, unbroken, and often boring stretches of road can lead to drivers falling asleep at the wheel, zoning out, or otherwise dropping their guard and causing an accident.
Alcohol and Drug Use Contribute to Truck Accidents
As a result of driver fatigue and boredom, truck drivers are often tempted to take supplements to help them push through the long hours and sleepless nights. Stimulant drugs, like cocaine or methamphetamine, can keep a truck driver awake but also increase aggressive and reckless behaviors.
Additionally, truck drivers, like other drivers on the road, may drink alcohol or consume other drugs before and during long hauls to help pass the time. Driving a tractor-trailer while under the influence is doubly dangerous for the driver and everyone else on the road.
Dangers of Insufficient Driver Training or Truck Maintenance
Freight companies are responsible for ensuring that their drivers are properly licensed and trained. They must also ensure that trucks in their fleet comply with safety regulations and are upgraded with the most current safety technology, such as automatic brakes and hours-recording programs.
Equipment failure is sometimes the cause of serious or fatal truck accidents. Freight companies that choose to ignore safety and maintenance out of negligence or to cut costs put other motorists at risk of a catastrophic accident. Likewise, if a truck was manufactured with defective parts, then the parts or truck manufacturer may be liable.
Aggressive Driving: Speeding and Overtaking
Truck drivers want to get to their destination just as much as any other driver. When they feel a car or truck in front of them is slowing things down, they may pursue aggressive driving tactics such as speeding or overtaking with limited space. Aggressive driving while operating a massive truck can be extremely dangerous for everyone in the vicinity.
Distracted Driving Is Another Common Cause of WV Truck Accidents
Truckers, like other drivers, get bored. They want to return texts or emails or perform other tasks such as eating or changing clothes while driving. Taking your eyes off the road for just a second or two can easily lead to a serious accident.
Investigation of WV Commercial Trucking Accidents Is Critical to Establish Liability
West Virginia uses a comparative fault standard in personal injury actions. This means the court determines the percentage of fault each responsible party had in the accident. In truck accidents, these parties may include the truck driver, the driver’s employer, the truck owner, and others. Liability for WV trucking accidents is determined based on the allocated percentage of fault.
Fault can also be assigned to the injured victim. Any damages awarded are reduced if a percentage of fault is attributed to the victim, and a person cannot recover damages if he or she is determined to be more than fifty percent responsible for the accident.
This is why West Virginia truck accident lawyers for the plaintiff must complete a thorough investigation of WV commercial trucking accidents. Trucking companies and their insurers will try to reduce the amount of fault attributed to them. When your attorney gathers supporting evidence early and uses it to establish fault, it can increase the chance of securing compensation as well as the amount of damages awarded.
Call Our Martinsburg, West Virginia Truck Accident Lawyers
Determining the cause of WV truck accidents is essential to establishing liability and getting the compensation you deserve. If you or a loved one has been injured in a truck crash in West Virginia, contact the seasoned and effective Martinsburg, West Virginia truck accident lawyers at Burke, Schultz, Harman & Jenkinson at 304-263-0900 or complete this online contact form to schedule a free consultation.
