A crash involving a coal truck can leave a passenger vehicle badly damaged and people seriously hurt. The truck driver may not be the only person whose actions matter. West Virginia law allows fault to be divided among people and businesses whose conduct helped cause an injury. West Virginia law addresses how fault may be assigned in personal injury cases.
Why can more than one party be responsible?
A commercial truck crash can involve more than the driver. Depending on what caused the collision, a trucking company, maintenance provider or another business may also have a role in what happened.
West Virginia’s comparative fault law allows a court to assign fault among defendants and nonparties whose conduct was a proximate cause of the injury.
Who might share responsibility?
The evidence may point to more than one party. Potential sources of liability can include:
- The trucking company: Driver training, supervision or other company practices may be relevant depending on the claim.
- A maintenance provider: Faulty repairs or failure to address a known mechanical problem could contribute to a crash.
- A business involved in loading or transport: Conduct during loading or other operations may be relevant if it contributed to the collision.
The specific facts can determine whether any of these parties are liable.
What evidence can help?
Truck crashes can involve records that help explain what happened. Depending on the case, these may include driver logs, inspection and maintenance records, GPS information, photographs and other electronic data.
Because companies may hold some of these records, identifying and preserving relevant evidence early can help establish how the crash happened and who may have contributed to it.
What compensation may be available?
An injured person may be able to seek compensation for medical expenses, lost income, future losses and pain and suffering, depending on the claim. The state’s comparative fault rules can also affect how damages are divided among responsible parties.
After a serious coal truck crash, looking beyond the driver can help identify all the parties whose actions may have contributed to the collision.
