Raleigh, WV- A motorist or car passenger are both outmatched if they happen to be involved in a crash with a large commercial truck. A collision involving a semi, tanker or another large truck is twice as likely to result in death or catastrophic injuries, so it’s normal for the victims to worry. Our team of truck accident lawyers in the Raleigh, West Virginia wanted to put some of your worries to rest by discussing three important things you need to know about your truck accident claim.
First, you need to know that you have legal rights. If truck driver’s or a trucking company’s negligent actions caused your injuries or death of a loved one, but you must file your personal injury or wrongful death claim with West Virginia’s two-year statute of limitations. Failing to meet that deadline will result in dismissal of your truck accident suit.
Second, you need to know that you are entitled to compensation for any accident-related expenses including your medical bills, costs of rehabilitation, property damage and mental anguish. If a someone is killed, their surviving family members may be entitled to compensation for burial and funeral expenses, loss of companionship and loss of financial support. As a truck accident victim, you may be eligible for other types of compensation, so USAttorneys recommends you speak with a local lawyer before you agree to a settlement.
The third thing you need to know is that you are still eligible for compensation even if you take some responsibility for a crash. West Virginia uses a comparative fault standard in this regard. Under this rule, each party involved in an accident is assigned a percentage of the blame. For instance, a truck driver is mostly to blame for a collision, so they are assigned 85 percent liability for the crash. Under the state’s comparative fault rules, because the victim was considered 15 percent liable, the final settlement amount they receive will be reduced by that amount. Victims who are assigned 60 percent or more liability for a crash, cannot pursue a personal injury or wrongful death suit.
We just scratched the surface of the many things you need to know about filing a truck accident claim. Getting a fair settlement is a difficult task especially if you don’t have legal skills, which is why USAttorneys recommends you enlist a professional to assist with your accident claim. Our team of lawyers will explain your rights and outline the means you have to recover damages for your accident.