This past week, a woman driving her car on 3rd Avenue in Huntington was allegedly forced off the road by a tractor-trailer, which caused her to crash into a nearby duplex. WSAZ reports that the incident occurred where 26th Street crosses 3rd Avenue, and the semi-truck fled the scene after cutting off the driver and causing her to careen off the roadway. Thankfully, neither of the two occupants of the ground floor apartment in the duplex were injured, and the driver and passenger in the vehicle escaped the wreck unscathed as well. The accident is currently under investigation, and the trucking company has admitted that one of its drivers was involved.
In instances like the one described above, the legal ramifications for the company employing the driver who caused the accident could be quite large. If the man driving the truck was acting in the scope of his employment, then the company can be held liable for the damages that flow from his actions, which in this case is damage to the other vehicle and the duplex. However, such a case is not cut and dry, as West Virginia follows the 50% rule – meaning as long as the victim is found to be less than 50% at fault in causing the accident, she may recover for her damages. Otherwise, she’ll be denied recovery by the courts.
While we all try to be safe when operating a motor vehicle, there are those who are less careful on the roads today. Defensive driving can help avoid many accidents — but there are situations, such as the one reported above, that put you between a rock and a hard place. When circumstances out of your control — such as the negligence of other drivers — cause you to suffer, you should call a West Virginia automobile accident attorney right away. Your attorney knows the law and can help get you compensated for your damages and help you deal with any legal repercussions that follow from such unpleasant events. Don’t wait, as the sooner you obtain representation, the sooner your lawyer can help get things resolved.