Call: (304) 296-3636
/ Toll Free: (888) 298-2529 (2WVA-LAW)
Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. Our office will take over the investigation of your case so that you can concentrate on recovering from your injuries.
We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.
At HAMSTEAD, WILLIAMS & MEEK PLLC we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries.
At HAMSTEAD, WILLIAMS & MEEK PLLC, we recognize that handling these cases requires a thorough understanding of commercial vehicle regulations on both the federal and state level.
Trucking companies are required to follow Federal Motor Carrier Safety Regulations concerning their equipment and their drivers’ hours of service. In West Virginia, the Department of Transportation is also charged with the task of adopting regulations regarding the safety of motor carriers. W. Va. Code § 24A-2-3.
Driver fatigue is a common problem, as hours of service regulations are routinely violated. Careful examination of records after an accident often shows serious and even fraudulent violations of those safety regulations. However, trucking companies are only required to maintain many of those records for six months. Without obtaining those records before they are destroyed, the injured person or survivors of a person killed in a truck wreck has a much more difficult time proving the trucking company’s negligence.
The following represents facts and figures regarding large truck accidents and the serious damages they inflict on our roadways every year.
Large trucks were much more likely to be involved in a fatal multiple-vehicle crash – as opposed to a fatal single-vehicle crash – than were passenger vehicles (82 percent (82%) of all large trucks involved in fatal crashes, compared with 58 percent (58%) of all passenger vehicles). Most of the fatal crashes involving large trucks occurred in rural areas (65%), during the daytime (66%), and on weekdays (79%). The percentage of large-truck drivers involved in fatal crashes who had a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or higher was 2 percent (2%) in 2010. The BAC level for all commercial vehicle operators in every state in the U.S. is .04 g/dL, half of the legal limit of .08 for all other drivers.
Accidents involving large trucks are among the most serious and most deadly in the United States.
Ensure safety, call 911, seek medical attention, document the scene, and exchange insurance information. Contact an attorney as soon as possible.
Follow similar steps as a car accident, but also document details of the truck (e.g., license plate, company name) and preserve evidence like driver logs if possible.
Yes, having an official police report is crucial for insurance and legal purposes.
As soon as possible after the accident to preserve evidence and protect your rights.
Generally, you have two years from the date of the accident to file a personal injury claim.
The same two-year statute of limitations applies, but cases involving trucking companies may require faster action due to federal regulations.
West Virginia follows a comparative fault rule, meaning you can still recover damages if you are less than 50% at fault.
It depends. Consulting a lawyer can help determine if you have a claim, especially if injuries appear later.
No, consult your attorney first to avoid jeopardizing your case.
Your uninsured motorist coverage should apply. Contact your insurance provider and a lawyer to understand your rights.
It covers you if the at-fault driver’s insurance isn’t sufficient to cover your damages.
Trucking companies often have higher policy limits and are subject to federal regulations.
Your rates shouldn’t increase if you’re not at fault, but this depends on your policy and insurer.
This occurs when an insurer unreasonably denies or delays payment. A lawyer can help address these issues.
It depends on factors like medical expenses, lost wages, pain and suffering, and property damage.
Trucking accident cases may have higher potential values due to severe injuries and multiple liable parties.
Photos, witness statements, police reports, medical records, and insurance documents.
In addition to the above, evidence like truck maintenance records, driver logs, and black box data can be critical.
The truck driver, trucking company, trucking broker, cargo loaders, or even vehicle manufacturers may share liability.
An attorney can investigate and pursue claims against all potentially liable parties.
It varies but can take anywhere from months to several years, depending on the complexity.
These cases are often more complex and may take longer to resolve than car accident claims.
Most cases settle out of court, but your lawyer will prepare for trial if necessary.
It’s the phase where both parties gather and exchange evidence, including depositions and interrogatories.
Some injuries, like whiplash or concussions, may not appear right away. Seek medical attention if symptoms develop.
Yes, damages for emotional distress can be included in personal injury claims.
Document changes in your condition and notify your attorney to adjust your claim accordingly.
Yes, families of deceased victims can pursue wrongful death claims against liable parties.
Spinal cord injuries, traumatic brain injuries, fractures, burns, and internal injuries are common.
Most lawyers work on a contingency fee basis, meaning you pay nothing upfront and only if you win.
Many providers work on a lien basis, meaning they’ll wait for payment until your case is resolved.
Yes, lost wages and future earning capacity can be included in your claim.
These are awarded to punish egregious behavior, such as drunk driving.
Yes, you can recover costs for repairing or replacing your vehicle.
It records data like speed, braking, and hours of operation, which can be crucial evidence.
Federal rules that limit how long truck drivers can work without rest to prevent fatigue-related accidents.
The cargo loader or company may be held liable for improper loading or securing.
Driver fatigue, distracted driving, speeding, mechanical failure, and improper loading are common causes.
Evidence like logbooks, electronic logs, and witness statements can help prove driver fatigue.
It depends on the case’s complexity, but many claims are resolved within months after settlement negotiations begin.
Severity of injuries, medical costs, lost wages, liability, and insurance coverage all impact settlement value.
You can, but an experienced lawyer can often secure a higher settlement and protect your rights.
Don’t accept it without consulting an attorney who can negotiate or take the case to court.
Economic damages cover tangible losses like medical bills and lost wages, while non-economic damages address pain and suffering.
It’s when your insurance company seeks reimbursement from the at-fault party’s insurer for payments they made on your behalf.
Yes, but these cases have specific rules and sometimes shorter filing deadlines. Consult an attorney immediately.
Look for experience, client reviews, and a focus on car and trucking accident cases.
Rideshare companies often carry insurance policies that may cover your damages. Contact an attorney to explore your options.
Passengers can file claims against the at-fault driver’s insurance or their own policy if necessary.
Call us at 304-296-3636, fill out our online contact form, or schedule a free consultation.
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Hamstead, Williams & Meek PLLC
68 Clay Street, Suite C
Morgantown, WV 26501
(304)296-3636
Toll Free 1-888-2WVA-LAW
Fax: (304)291-5364
