Trucking companies, as well as their owners, drivers and insurers, must contend with a rising risk of nuclear verdicts awarding massive damages. If you are facing a truck accident lawsuit, you may be wondering what you should do. An experienced WV commercial truck accident defense attorney, like M. Andrew Brison at The Law Office of M. Andrew Brison, PLLC, can assist businesses, insurers, owners and drivers from investigation through litigation and into appeal, if necessary.
With M. Andrew Brison, you can trust that you are getting the right experience to handle any truck accident claim filed against you.
WV Commercial Truck Accident Defense to Protect Your Interests
If you are facing a truck accident claim, getting proper representation is key. A quality WV commercial truck accident defense attorney will actively investigate the accident to establish fault and liability, consult with experts in the field to support your case, build a strong legal defense and fight for your rights and interests in court and related proceedings.
Investigation of WV Commercial Trucking Accidents
While truck accidents can be caused by driver error, that is not always the case. The other party may not have yielded to the truck, despite proper warning signs, or there may have been road hazards that the government or its contractors failed to identify. Getting to the root cause requires a thorough investigation of WV commercial trucking accidents.
During an investigation, your defense lawyer will identify, capture and analyze critical evidence, including reviewing the vehicle’s “black box” to gather information about each driver’s actions. A meticulous and thorough collection and review of all evidence allows the attorney to establish fault and determine the best strategies for your defense.
How Trucking Accident Fault is Determined
West Virginia uses a modified comparative fault method, as outlined in WV Code § 55-7-13a when determining who is at fault for a truck accident. This is important to know because the defendant’s liability can be reduced or eliminated if the other driver is found to be partially or fully at fault.
A plaintiff in WV can only collect damages if he or she is found to be less than 50 percent at fault for the accident. This means that even if one of your drivers was negligent, damages will not be awarded if the plaintiff is found to be 51 percent or more responsible for the crash.
If you or one of your truck drivers is negligent and holds fault, then damages can be awarded accordingly, based on the percentage of fault assigned. However, there are West Virginia trucking accident defense strategies that can be used to minimize damages even if fault is established against the defendant.
What WV Commercial Truck Accident Defense is Available to You?
Your attorney will determine the best West Virginia trucking accident defense for your case based on the details and evidence available. Possible defenses include:
Insufficient Evidence
In some cases, the plaintiff does not have sufficient evidence to support the claims against the defendant. In truck accident claims, the plaintiff must prove that the truck driver or company owed a duty of care to the plaintiff, that the duty of care was breached by negligent acts (i.e., speeding, failing to adhere to federal laws), that those actions lead to damages, and if they did, that those damages can be compensated.
If these elements can’t be proven, then the plaintiff has no case.
Third-Party Liability
Trucking companies are responsible for ensuring the safety and maintenance of their fleet. However, the actions or negligence of others can play a role in trucking accidents, and fault should be assigned accordingly. Maybe the auto repair shop failed to properly maintain or repair a vehicle. Parts manufacturers may also be held liable when a defective auto part is the root cause of an accident.
This defense highlights the need for a strong investigation of WV commercial trucking accidents. Sometimes the root cause of the accident is not obvious, and a thorough investigation can uncover the truth.
Call WV Commercial Truck Accident Defense Attorney M. Andrew Brison to Represent You in Your Truck Accident Claim
Are you facing a lawsuit due to a WV trucking accident? Turn to M. Andrew Brison at The Law Office of M. Andrew Brison, PLLC.
Mr. Brison will investigate the details of your case and develop a strong WV commercial truck accident defense to protect your interests. Call 304-397-8225 or complete this online contact form to schedule a consultation.