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Semi truck crosses over line, leaving 1 West Virginia man dead

The inherently dangerous nature of semi truck accidents means that they often result in horrific injuries or death. Those who survive may be able to recover damages for medical expenses, pain and suffering and other harm from the truck driver or his or her employer.

Recently, a tractor-trailer collided with a pickup truck, resulting in the death of the driver of the pickup truck, a resident of West Virginia. According to police, the semi truck crossed the center line of the road, struck the pickup truck and rolled over onto it. The driver of the tractor-trailer has been charged with reckless driving, and authorities said that speed may have been a factor in the accident.

In cases like this, victims or their surviving relatives may be able to pursue legal action for the damage caused by a truck driver's negligence. To prove fault, they must show that the other driver failed to exercise a reasonable level of care, which caused the accident. If a driver works for a trucking company, then the driver's employer may also be held responsible for compensation owed to a victim.

For the employer of a negligent truck driver to bear any liability, the employer must have exercised some degree of control over the employee's conduct and an accident must have occurred during an employee's ordinary course of employment. For example, if a driver's employee was pushing to increase the number of deliveries, they could be seen as responsible for pushing their employees to drive more hours than legally allowed, which often leads to fatigue.

Damages that may be available to a victim with serious injuries from a tractor-trailer accident can include those for disfigurement, pain and suffering, medical costs, lost income and loss of earning capacity. Wrongful death actions may be brought by surviving family members following the demise of a family member in a truck accident.

Source: WHSV-TV News, "One Dead, One Injured After Tractor Trailer and Truck Crash," Estephany Escobar, Sep. 10, 2012

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