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Man in W. Va sues truck driver and trucking company for accident

Truck accident victims receive protections under the law because of the sometimes devastating nature of accidents between trucks and passenger vehicles.

A man is suing both a truck driver and a trucking company in West Virginia for injuries sustained in a truck accident in 2012. In a neighboring community just outside of Cabell, the victim has sued the truck driver and the truck company that employed the driver for negligence. The victim alleges that while he was travelling on a roadway in a county neighboring Cabell, the truck driver negligently made a right-hand turn and collided with his vehicle. The victim is seeking damages from the truck driver and trucking company in his lawsuit.

Truck drivers can be liable for the damages drivers negligently cause in a collision. Truck drivers may be liable for negligence for a variety of reasons. Unqualified truck drivers, inattentive truck drivers, drivers who are experiencing truck driver fatigue or speeding may all be liable to an injured victim for damages that result from a truck accident the driver caused. A trucking log can sometimes help determine whether a truck driver was negligent.

In addition, under the law, a trucking company also can be liable to an injured victim, depending on the relationship between the truck company and the truck driver. If an employment relationship exists between the two, it can be simpler to prove that the truck company is also liable to the injured victim for the harm suffered. If the truck driver does not work for a trucking company, liability may still be possible in some circumstances, but can depend on the amount of supervision the trucking company had over the truck driver, in addition to other possible factors.

Because truck accidents can create extensive injuries for drivers more vulnerable on the roadways due to the simple size disparity between trucks and passenger vehicles, the legal process seeks to protect victims of truck accidents. A trained personal injury attorney can help a victim evaluate the circumstances of the incident and pursue a claim for damages when warranted.

Source: The West Virginia Record, "'Trucking company named in car wreck suit," Joel Brakken, Feb. 14, 2014

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