West Virginia Trucking Accident Lawyer
In West Virginia trucking accidents, the negligent driver may be responsible for your injuries and damages. The other party may be responsible as well. Read on to learn more about how you can hold the negligent driver accountable for your damages. Your attorney will investigate all potential sources of liability for your crash. Your case may also involve the failure of an Event Date Recorder or driver fatigue. This article will address the legal options available to you.
You can find a West Virginia trucking accident attorney with a good reputation through a simple search of his name and practice area. David Bosak has been practicing law since 2012 and has a unique perspective on trial preparation and strategy. He has worked for two defense law firms, representing corporations and insurance companies, and has developed unique insight into how defense teams work. He can also help you navigate the complexities of trucking law.
Event Date Recorders
Event Date Recorders (EDR) are electronic devices that are commonly found on commercial trucks. These devices record important information regarding the accident and can include the speed of the trucker, fuel economy, and maintenance history. This data can be invaluable in proving negligence and even gross negligence by the trucking company. However, the recording devices can be destroyed or withheld by the trucking company. Therefore, it is important to consult with a West Virginia trucking accident attorney if you believe the accident occurred as the result of driver negligence.
The Fatality Analysis Reporting System maintained by the National Highway Traffic Safety Administration compiles data from accidents over a five-year period. The results indicate that counties with major population centers have the highest rate of trucking accidents. However, the vast majority of West Virginia is rural and therefore, it is not surprising to find 18-wheelers in the state, moving cargo. This means that trucking accidents can be particularly devastating in rural areas.
When evaluating the cause of a tractor-trailer crash, a West Virginia trucking accident lawyer will first look for driver fatigue. Evidence of driver fatigue can be found in various ways, including truck driving logs, trip tickets, and paperwork associated with deliveries. The time stamps of pickup and delivery can also provide evidence of driver fatigue. Failure to take proper breaks or rest after long hours can also contribute to truck accidents.
Driver fatigue can impair a driver as much as alcohol or drug intoxication. Fatigued drivers make poor decisions and have slower reaction times. These effects can have catastrophic consequences, such as amputation, spinal cord injury, and traumatic brain injury. Fortunately, the federal government and FMCSA have instituted regulations to protect road safety and prevent trucking accidents due to driver fatigue. These regulations are designed to protect motorists by limiting the amount of time commercial drivers can spend on the road each day and week. Commercial drivers must take regular breaks to keep their bodies and minds functioning properly.