How Might Tanker Drivers Reduce Expensive and Fatal Accidents in West Virginia?

Truck accident attorneys can explain West Virginia’s insurance requirements and how they affect the recovery of compensation after an accident.

Dangers posed to other drivers are exacerbated by commercial truck drivers who do not pay attention to, or adhere to federal and West Virginia regulations that address health screenings, driving while fatigued, distracted driving, driving under the influence of drugs or alcohol, reckless driving, maintaining proper mechanical inspections before each trip and making sure to undergo industry-specific training to handle commercial tankers in a variety of highway situations. Accident victims may ask themselves “Where can I find a truck accident attorney near me?” when they need assistance after a tanker crash in West Virginia. 

Size discrepancy may increase fatalities

Tanker trucks may be considered more dangerous than other big rigs because of weight distribution problems caused by under-loading which can be deadly. Whenever a tank is not filled enough, the liquid can slosh around inside the tank when a truck takes a turn, or curve, especially at high speeds. The uneven weight distribution and the type of substance transported, such as flammable liquids, pressurized gases, or highly toxic chemicals increase catastrophic risks. Individuals who have been injured in an accident involving a tanker truck should seek out consultation with an experienced West Virginia truck accident lawyer.   

Tanker driver actions

There are driving actions that commercial drivers can take to reduce the incidence of tanker truck accidents that include:

1. Observe speed limits to make certain you are driving safely for the type of roadway you are traveling.  
2. Controlling surges – liquid surges can cause trailers to roll over during braking, even though the tanks have baffles controlling forward and backward surges, they do not control side to side movement.  Consistent brake pressure can assist in surge control.
3. Maintaining long stopping distances – a simple measure that will allow more reaction time, decreasing the likelihood of an impact.
4. Drive smoothly to keep liquid from moving around too much and upsetting truck balance.
5. Avoid skidding by driving with control and moving slower in harsh weather situations.

Modified comparative fault and time to file

Truck accident attorneys can explain West Virginia’s insurance requirements and how they affect the recovery of compensation after an accident, utilizing the modified comparative fault rule where individuals may recover diminished compensation for damages after fault in the accident has been identified. Personal injury claims must be filed within two years of the accident.

Damage valuation

A truck accident lawyer can explain insurance claim valuations, and formulas used for personal injury and property damage compensation. Legal counsel is instrumental in determining the fiscal responsibility for economic losses, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic harms, including pain and suffering, loss of consortium, or companionship. Punitive damages are meant to punish the individual who caused harm, or injury and loss to the victim and are sometimes awarded in West Virginia, but an attorney can apprise accident victims of case specifics. The dollar amount of punitive damages that may be awarded in a West Virginia civil action may not exceed the greater of four times the amount of compensatory damages or $500,000, whichever is greater.

Hire a lawyer

Accident victims should attempt to minimize additional stress by hiring competent Charleston truck accident lawyers  who can objectively speak on their behalf in a courtroom, and work toward economic and non-economic damage compensation through insurance settlements or litigation.

Sources:

1. https://www.fmcsa.dot.gov/newsroom/fmcsa-launches-training-provider-registry-ensure-entry-level-truck-and-bus-drivers
2. https://ai.fmcsa.dot.gov/DataQuality/CrashCollectionTraining/lesson5/bulk.html
3. http://www.wvlegislature.gov/wvcode/chapterentire.cfm?chap=55&art=7&section=29
4. http://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chap=55&art=2&section=12#2
5. http://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chap=55&art=7&section=6#7
6. http://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chap=55&art=7b&section=8