Have you been injured in a truck accident in Beckley, WV? You could recover compensation for your medical costs, lost wages, and other unexpected costs. Our experienced Beckley truck accident lawyers at Farmer, Cline & Campbel, PLLC, can help you. Call us at (304) 252-5990.
Our personal injury law firm has the expertise you can trust in your truck accident case. In fact, attorneys Robert Campbell, R. Chad Duffield, and Brian Bigelow have undergone hands-on truck driver training and hold their Class A Commercial Driver’s Licenses, authorizing them to operate tractor-trailers, dump trucks, and certain other commercial vehicles.
To discuss your case with one of our Beckley truck accident attorneys, contact our Beckley, West Virginia. Your initial consultation is free.
How Farmer, Cline & Campbell Personal Injury Lawyers Can Help After a Truck Accident in Beckley
We have the experience you need to get results in your truck accident case. We have over 315 years of combined experience in personal injury law and have recovered hundreds of millions of dollars on behalf of our clients.
When you hire one of our skilled Beckley personal injury lawyers, we’ll take the following steps to help you pursue compensation in your case:
- Investigate the accident
- Identify the at-fault parties
- Discuss your options
- Gather evidence
- Assess your damages
- Contact the insurance company on your behalf
- Ensure you comply with deadlines
- Combat claims that you’re at fault
- Negotiate a settlement
- Represent you in court if necessary
To learn more about how Farmer, Cline & Campbell Personal Injury Lawyers can help in your Beckley, WV, truck accident case, schedule a free consultation with our Beckley truck accident lawyers
How Common Are Truck Accidents in Beckley, WV?
According to the West Virginia Trucking Association, the fatal truck crash rate dropped by over 63% in the United States between 1975 and 2018. Nonetheless, truck accidents resulted in over 150,000 injuries in 2021.
What Is My Beckley Truck Accident Case Worth?
The value of your Beckley truck accident case will depend on many factors, including:
- The extent of your injuries;
- The extent of your property damage;
- The extent of any other damages you incurred;
- Whether you’re being blamed for the accident;
- Who is at fault for your injuries;
- Out-of-pocket expenses;
- The circumstances surrounding the accident; and
- The relevant insurance policy limits.
There’s no simple formula for estimating the value of your truck accident case. However, your truck accident lawyer can evaluate your case in light of these factors to estimate its value.
What Kind of Damages Are Available to Truck Accident Victims in West Virginia?
Truck accident victims in West Virginia can recover damages to compensate them for their injuries. Compensatory damages are often classified into two categories: economic damages and non-economic damages.
Economic Damages Available in Your Truck Accident Case
Economic damages concern the expenses you’ve incurred or will incur because of the accident. They might include medical costs, vehicle and other property damage, lost wages, diminished earning potential, out-of-pocket expenses, and transportation costs.
Most economic damages can be calculated straightforwardly as they relate to specific transactions. However, the insurance company may still dispute your calculation. An experienced personal injury lawyer can help you seek full compensation for your economic damages.
Non-Economic Damages Available in Your Truck Accident Case
Non-economic damages, in contrast to economic damages, concern the intangible costs you’ve incurred or will incur due to the accident. These are often psychological in nature and include pain and suffering, mental anguish, reduced quality of life, loss of companionship by a loved one, PTSD, and scarring or disfigurement.
Non-economic damages are more complicated to calculate than economic damages because of their subjective nature. In most cases, there aren’t specific receipts or transactions to support the extent of one’s non-economic damages. For this reason, an experienced truck accident attorney can be very helpful in calculating the value of your damages.
How Much Does It Cost To Hire a Truck Accident Lawyer in Beckley?
Truck accident lawyers, like most personal injury lawyers, take cases on a contingency fee basis. This means they don’t require any upfront attorneys’ fees. Instead, they collect their fee at the end of the case, most often as a percentage of their client’s overall settlement or verdict amount. Standard contingency fees are between 33% and 40%.
With a contingency fee structure, if you do not successfully recover compensation in your case, you will not have to pay any attorneys’ fees.
Contact us to schedule a free consultation and learn more about our contingency fee arrangements for truck accident cases.
We’ll Fight to Recover Compensation for All of Your Truck Accident Injuries
Common truck accident injuries include the following:
- Traumatic brain injuries
- Broken bones
- Spinal cord injuries
- Lacerations
- Internal organ damage
- Nerve damage
- Paralysis
- Amputation
- Soft tissue injuries
- Eye injuries
- Concussions
- Back injuries
- Whiplash
- Head injuries
Our Beckley truck accident attorneys can help you recover compensation for all of your accident injuries.
Can I Recover Compensation if I’m Being Blamed for a Truck Accident in Beckley?
In West Virginia, you may still be able to recover compensation if you are being blamed in a truck accident. It depends on your degree of fault.
West Virginia has a modified comparative negligence law that states an injured party can seek compensation for their injuries if they were partly at fault in the accident, only if they were less than 51% at fault.
If the jury finds that you are between 0% and 50% at fault, then you can recover damages. However, they will be reduced by your percentage of fault. For example, if the jury determines you are 20% at fault and you incurred $100,000 in damages, then you can recover up to $80,000 in damages.
But if you are found to be 51% to 99% at fault, you cannot recover any damages. Clearly, it can have a big impact on your potential recovery if you are blamed for a truck accident.
Our skilled truck accident attorneys will fight to reduce your degree of fault if you are being blamed for the accident.
What Causes Most Truck Accidents in Beckley?
Many truck accidents can be avoided, just like car accidents. Common causes and contributing factors in truck accidents are:
- Speeding
- Brake problems
- Traveling too fast for road conditions
- Unfamiliarity with the roadway
- Over-the-counter drug use
- Fatigue
- Alcohol use
- Driving while distracted
- Improper lane changes
- Failing to signal
- Failure to obey traffic laws
- Mechanical issues
- Inexperience
Regardless of the causes of your truck accident, an experienced Beckley truck accident attorney can help you identify the cause and pursue all available compensation.
How Do I Prove Negligence After a Truck Accident in Beckley, WV?
To recover compensation in your case, you must show that the truck driver was negligent.
To establish negligence, you must prove the following four elements of a negligence claim:
- Duty of care. You must show that the defendant owed you a duty of care, which is a legal obligation to act with a certain level of care and concern for the safety of others.
- Breach of duty. You must show that the defendant violated the duty of care. This can usually be done by showing that the defendant acted unreasonably or recklessly.
- Damages. You must prove that you suffered damages as a result of the accident.
- Causation. You must show that the defendant’s actions were the actual and legal cause of your injuries.
You must prove each of these elements by a preponderance of the evidence.
You can use the following types of evidence to establish negligence in your case:
- Accident reports
- Photos
- Videos
- Surveillance footage
- Medical records
- Repair estimates
- Medical bills
- Witness statements
- Expert testimony
If you prove negligence occurred, you may be entitled to compensation for your injuries and other losses.
How Long Do I Have To File a Lawsuit After a Truck Accident in West Virginia?
You must file your truck accident lawsuit within two years from the date of the accident, pursuant to West Virginia’s statute of limitations in personal injury cases. If your case is not filed within this two-year time period, you will be barred from filing your case unless an exception applies.
Personal injury cases often settle out of court, but it’s still crucial that your case is filed on time. An experienced truck accident lawyer will calculate the filing date in your case and make sure your case is filed on time, if necessary.
Contact Our Beckley Truck Accident Lawyers for a Free Consultation
If you were injured in a truck accident in Beckley, WV, you may be able to recover significant compensation through a personal injury claim or lawsuit. Contact one of our knowledgeable Beckley truck accident attorneys to discuss your options today. Your initial consultation with Farmer, Cline & Campbell Personal Injury Lawyers, is free.