The potential for serious injury and death is high in trucking accidents. Sometimes, pursuing a WV trucking accident claim after an accident is the only way to recover compensation for both the victim and the victim’s family. Especially egregious are completely preventable accidents, like those caused by a truck’s lack of retroreflective tape.
If you or a loved one has been injured in a trucking accident, especially one in which the trucking company, its driver, or another party failed to comply with relevant trucking laws, you can fight to hold those at fault responsible and ensure the costs of your injuries and suffering are covered.
Building a WV Trucking Accident Claim Regarding Retroreflective Tape
Too many trucking accidents happen because a trucking company or its driver fail to comply with federal, state, or local safety laws and regulations. One such regulation requires semitrailers of a certain size to be marked with retroreflective sheeting or tape so that they are easily and clearly visible in all types of light conditions.
Failure to use retroreflective tape as mandated can make the semitrailer nearly invisible in certain conditions, which can lead to disastrous results. To make matters worse, law enforcement officials who investigate the scene may wrongly believe—and report—that the driver of the passenger vehicle is at fault in the accident, not realizing the failure of the trucker or trucking company to use proper safety equipment.
If a trucking accident has caused serious injury to someone in your family, you need to act quickly so evidence can be preserved. While getting the appropriate medical attention is likely to be your first concern, covering your medical bills and worries about lost income can keep you awake at night. If your accident occurred in West Virginia (WV) or the trucking company or truck driver live in the Mountain State, you need an experienced WV truck accident lawyer to help you navigate the legal system and obtain the compensation you deserve.
What Is Retroreflective Tape and When Is It Required?
A 2001 National Highway Traffic Safety Administration (NHTSA) study revealed that many trucking accidents are caused by a lack of visibility or conspicuity. For that reason, the Federal Motor Carriers Safety Administration, a division of the US Department of Transportation, requires all semitrailers with an overall width of 80 inches or more or a gross vehicle weight rating (GVWR) of 10,001 pounds or higher to be marked with retroreflective sheeting or tape. Retroreflective sheeting or tape is a material that significantly reflects light to improve visibility even in low-light or no-light conditions. Examples can be seen on traffic signs and some roadway markings.
A WV Trucking Accident Claim Involving Retroreflective Tape
According to the NHTSA, approximately one-third of the 30,000 highway accident fatalities a year involve rear-end collisions. Retroreflective sheeting or tape placed on the sides and rear of semitrailers has been shown to significantly reduce the number of rear collisions. Based on this, the FMCSA rule requires semitrailers to have retroreflective tape installed in specific locations and in specific sizes. When semis are hauling trailers that are noncompliant, traveling without retroreflective sheeting or tape, they are not as visible to other vehicles on the road.
Accidents that occur in these conditions could be caused by the lack of visibility resulting from the lack of or inappropriate application of retroreflective tape. The victim of such an accident may have claims against the owner of the truck and its operator for negligence, gross negligence, and/or recklessness in the failure to comply with the FMCSA requirements and other federal or state laws, and the complaint may demand the payment of damages for medical costs, temporary or permanent disability, or wrongful death of the victim and loss of consortium and companionship of the victim’s spouse.
The Law Offices of Kelly R. Reed Can Help with Your WV Trucking Accident Claim
If you or a loved one has been injured in a trucking accident involving noncompliance with federal retroreflective tape requirements or other federal or state laws, we can help you pursue justice through a WV trucking accident claim. At the Law Offices of Kelly R. Reed, we focus our practice and skills on helping those injured by rulebreakers and others with trucking company claims in West Virginia. Kelly Reed and her team devote their significant skills and experience to helping people like you. Don’t wait. For a consultation with an experienced WV truck accident lawyer, call 304-292-2020 or complete our online contact form.