West Virginia Commercial Truck Accident Lawyers

Statute of Limitations in West Virginia

In West Virginia, you have 2 years from the date of your truck accident to file a personal injury lawsuit. This deadline is critical – if you miss it, you may lose your right to compensation forever.

However, we strongly recommend contacting an attorney as soon as possible after your accident. Evidence disappears quickly, and trucking companies often send their own investigators to the scene within hours.

West Virginia's Fault System: Modified comparative negligence (50%)

West Virginia uses modified comparative negligence - you must be less than 50% at fault.

Common Causes of Truck Accidents in West Virginia

• Driver Fatigue: Truckers violating hours-of-service regulations
• Distracted Driving: Cell phone use, eating, or using in-cab technology
• Improper Loading: Overweight or improperly secured cargo
• Poor Maintenance: Brake failures, tire blowouts, and mechanical issues
• Speeding: Especially dangerous given the stopping distance required for 80,000-pound vehicles
• Impairment: Alcohol, drugs, or prescription medication affecting drivers

Types of Compensation Available

Truck accident victims in West Virginia may be entitled to recover:

• Medical expenses (current and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Property damage
• Loss of consortium
• Wrongful death damages (for surviving family members)
• Punitive damages in cases of gross negligence