You might be one of many travelers who have belted out the lyrics to John Denver’s famous tune “Country Roads” when driving along the scenic routes of West Virginia. If you frequently drive in this state, however, you probably don’t feel much like singing when tractor-trailers are cluttering the roadways, especially when their operators are speeding. Collisions involving massive trucks typically result in massive damage, and if you’re a recovering victim, you’re entitled to seek restitution if truck driver negligence was a causal factor.
The term “compensable damage” typically refers to compensation awarded to a plaintiff who has filed an injury claim for economic and non-economic losses. Another phrase, “proximate cause,” means that another person’s actions or failure to act was a direct cause of injury to you or your child if you are acting on behalf of a minor. To obtain all that you may have a right to in a truck accident injury claim, it’s important to understand West Virginia compensatory damage laws.
Driver negligence is often a factor in West Virginia truck accidents
Because tractor-trailers are so massive and weigh more than the average vehicle, injuries that result from a collision are often more severe than those that occur in other accidents. Truck drivers typically have less visibility than drivers who sit lower off the ground. If a truck operator is careless or disregards safety standards or traffic laws, a disaster can occur.
Even if a truck driver has adhered to hours of operation regulations, long hours spent on the road often lead to driver fatigue. If a truck driver takes drugs to stay awake, such factors may further impede cognitive skills, which may result in negligence that causes a serious collision. If you suffer injuries because a truck driver was driving under the influence of drugs or alcohol, you can seek financial recovery for your losses.
What constitutes “damage” in a truck accident?
Beyond property damage and physical injuries (which spur medical expenses), there are often other economic and non-economic damages associated with West Virginia truck accidents. For example, you might suffer lost wages if you must take time off work or lose your job during recovery. State law also allows a plaintiff in an injury claim to include emotional pain and suffering in a list of damages.
Many West Virginia truck accidents are later determined to have been preventable were it not for driver negligence. If you’ve been involved in a collision with a tractor-trailer, you have a right to all available local resources to help you achieve as full a recovery as possible, including restitution for financial distress associated with the incident.
