What to Do If a Truck Accident Results in Permanent Disability

January 18, 2025

Last Updated: January 22, 2025

Truck accidents can be devastating. The impact is especially more profound when they result in a permanent disability. These life-changing injuries not only alter the course of the victim’s life—they also create ripple effects for their families. If you or a loved one is navigating the aftermath of such an accident, understanding your legal rights and the steps to take is crucial for securing justice and fair compensation.

The following is a detailed guide on handling the challenges of permanent disability after a truck accident. Keep reading to learn about legal options available to victims in Martinsburg and beyond.

Understanding Permanent Disability from Truck Accidents

A permanent disability is any physical or mental impairment that restricts an individual’s ability to perform daily tasks or maintain gainful employment.

Truck accidents often lead to severe injuries. Trucks are much larger and heavier than other vehicles; thus, they have a greater potential to cause serious harm.

Common Types of Permanent Disabilities

  • Spinal Cord Injuries: This can lead to partial or complete paralysis.
  • Traumatic Brain Injuries (TBI) Often result in cognitive, emotional, or motor impairments.
  • Amputations: Sometimes necessary after catastrophic injuries.
  • Severe Burn Injuries: These may cause nerve damage, disfigurement, or chronic pain.

Such injuries can significantly affect a person’s quality of life. Besides physical challenges, victims often face emotional distress and financial burdens due to lost income and medical expenses.

“In 2022, truck accidents accounted for over 5,000 fatalities in the U.S., with many survivors sustaining life-altering injuries.” – National Highway Traffic Safety Administration (NHTSA)

Legal Rights of Victims with Permanent Disabilities

Navigating the legal landscape after a truck accident can be overwhelming. Understanding your rights and how liability is determined can help build a strong case.

Determining Fault

Multiple parties may be held liable in truck accidents, including:

  • The truck driver (e.g., for reckless driving or fatigue).
  • The trucking company (e.g., for negligent hiring or insufficient maintenance).
  • Manufacturers or maintenance providers (e.g., for defective parts or improper repairs).

West Virginia follows a modified comparative negligence rule. This means you can recover damages if you are less than 50% at fault for the accident and/or your injuries. However, your compensation will be reduced by the percentage of your fault.

“West Virginia’s modified comparative negligence rule allows victims to recover damages even if they share some fault, provided they are less than 50% responsible.” – West Virginia State Law.

Steps to Take Immediately After the Accident

The moments following a truck accident can be confusing and chaotic. However, taking the proper steps in the immediate aftermath can significantly affect your case’s outcome.

Prioritize Medical Care

Your health should be your priority. Even if you feel fine, injuries like traumatic brain injuries may not cause noticeable symptoms right away. Seek medical attention and keep detailed records of your diagnosis and treatments.

Report the Accident

Filing a police report is essential. Be honest and thorough when describing what happened, but avoid admitting fault or discussing the cause of the accident. Don’t discuss your injuries with the police.

Collect Evidence

Gather as much information as possible, including:

  • Photos of the accident scene, vehicles, and injuries.
  • Contact details of witnesses.
  • Records of any communication with insurance companies.

Contact an Attorney

Truck accident claims involving permanent disabilities are complex. An experienced attorney can help collect evidence, negotiate with insurance companies, and represent you in court if necessary.

“Even if you feel fine after an accident, seek immediate medical attention, as some injuries, like brain injuries, may not show symptoms immediately.”

Building a Strong Legal Claim

Permanent disability claims often involve significant compensation. Insurance companies tend to fight back accordingly. A well-prepared case can make all the difference.

Elements of a Successful Claim

To succeed, your claim must establish the following:

  1. Duty of Care: The truck driver or the other at-fault party owes you a duty of care.
  2. Breach of Duty: They failed to act responsibly (e.g., driving under the influence, violating traffic laws).
  3. Causation: Their actions directly caused the accident and your injuries.
  4. Damages: You suffered measurable losses (e.g., medical expenses, loss of income).

Types of Compensation

Victims of permanent disabilities may recover damages for:

  • Economic Damages: Medical bills, rehabilitation costs, lost wages, and future earning capacity.
  • Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive Damages: Juries or courts may award punitive damages to punish the at-fault party in gross negligence cases.

Common Challenges and How to Overcome Them

Insurance companies and trucking firms often use tactics to minimize payouts. Anticipating these challenges can help you protect your rights.

Insurance Company Tactics

  • Lowball Settlements: Initial offers are often far less than what victims deserve.
  • Delays: Prolonging the claims process to pressure victims into accepting lower settlements.
  • Shifting Blame: Accusing the victim of contributing to the accident.

Overcoming These Challenges

An experienced attorney can counter these tactics by:

  • Gathering solid evidence.
  • Engaging medical and vocational experts to prove the extent of your disability.
  • Fighting for fair compensation in negotiations or court.

Comparison of Economic and Non-Economic Damages

Type of DamageExamplesImportance in Disability Cases
Economic DamagesMedical bills, lost wages, rehabilitation costsTangible costs that can be directly calculated
Non-Economic DamagesPain and suffering, loss of enjoyment of lifeReflects the emotional and psychological toll
Future CostsLong-term care, home modificationsAccounts for ongoing financial implications

Frequently Asked Questions

Q1: What should I do if the trucking company denies liability?

Gather all available evidence, including police reports and witness statements. An attorney can request truck black box data and other records to prove fault.

Q2: Can I still recover damages if I am partially at fault?

Under West Virginia’s comparative negligence rule, you can recover damages if your percentage of fault for causing the accident or your injuries is less than 50%. However, your compensation will be reduced by your share of fault.

Q3: How long must I file a claim after a truck accident?

In West Virginia, the statute of limitations for personal injury lawsuits is two years from the accident date.

Q4: What kind of evidence will strengthen my claim for permanent disability?

Medical records, expert testimonies, and documentation of financial losses are essential. Photos of injuries and the accident scene also help.

Get Help With a Truck Accident Case Involving Permanent Disability

Permanent disabilities from truck accidents can lead to significant life challenges. Taking the proper steps after a collision can make a big difference in ensuring you receive the compensation for which you may be eligible. Every step matters, from securing medical care to building a solid legal claim.

“If you or a loved one has suffered a permanent disability due to a truck accident, the experienced attorneys at Manchin Ferretti Injury Law are here to guide you.”

Truck accident cases are complex, but with the proper legal support, you can focus on recovery while pursuing the justice and compensation you seek.

Legal Resources

FIND OUT IF YOU HAVE A CASE TODAY

Contact us For a Free Consultation

CALL US AT

(304) 264-8505

Fill out the form below to get in touch!

100% privacy guarantee