West Virginia Truck Accident Attorneys

Nace Law Group is dedicated to helping victims injured in truck collisions

Due to the sheer size and weight of semi-trucks and tractor-trailers, truck accidents can be some of the most catastrophic collisions on the road. When a commercial truck collides with a passenger vehicle, the injuries sustained by you or your loved one can be life-changing. When a crash happens, you should focus on the recovery, not the legal aspects.

At Nace Law Group, our experienced attorneys can investigate complex accident scenes, gather necessary evidence to support your case, identify all liable parties, and help you pursue the compensation you deserve. We handle every aspect of the case, and we’re ready to fight for every client we represent.

Table of contents

• Why choose Nace Law Group
• West Virginia regulations in the trucking industry
• Types of truck accidents in West Virginia
• Common causes of West Virginia trucking accidents
• Who is liable in a trucking accident in West Virginia?
• How to prove negligence in a truck accident case
• What compensation can you recover in a West Virginia trucking accident?
• How long do I have to file a truck accident claim in West Virginia?
• How Nace Law Group develops your case
• Frequently asked questions
• Do you have a West Virginia truck accident lawyer near me?

Why choose Nace Law Group

Nace Law Group’s experienced attorneys offer compassionate and professional representation to all our personal injury victims. If you’ve been injured in a trucking accident involving any type of commercial vehicle, our lawyers will listen to your story and help you see the compensation you need to move forward.

Our team of award-winning attorneys has been named among The Best Lawyers in America. We’ve recovered over $1 billion in compensation for our clients, and while past results can’t predict future outcomes, our results demonstrate our commitment to fight for justice.

When you’ve been injured in a trucking accident in West Virginia, we can help you understand your rights and available options. Contact us today to learn more.

West Virginia regulations in the trucking industry

The trucking industry is heavily regulated by federal law, including FMCSA regulations, as well as West Virginia state rules. All commercial drivers must, at a minimum:

• Hold a valid Commercial Driver’s License (CDL) unless exempt
• Meet CDL class requirements:
  • Class A (for large combinations)
  • Class B (for single heavy vehicle)
  • Class C (for vehicles carrying 16+ passengers or hazardous materials)
• Follow hours-of-service (HOS) rules
• Comply with alcohol and drug regulations
• Self-certify their driving category with the DMV
• Report any out-of-state traffic convictions or disqualifications to the West Virginia DMV within 30 days. If your CDL is suspended, revoked, canceled, or you are disqualified, you must notify your employer by the end of the next business day.

Types of truck accidents in West Virginia

Truck accidents in West Virginia can happen in busy urban intersections, on country roads, or on quiet small-town streets. Due to the size of the vehicle involved, truck accidents can often leave victims with serious injuries. Here are a few common types of truck accidents that occur in West Virginia:

• T-bone. Side-impact crashes occur when the front of one vehicle collides with the side of another vehicle.
• Underride accidents. Since commercial trucks often have a higher ground clearance than a standard passenger vehicle, sometimes a car or truck can wedge under a truck’s undercarriage.
• Trucks have a higher center of gravity than cars, which is why they may be more likely to roll over when a driver turns too quickly or drives over a large object.
• Brake failure. Mechanical issues or weather conditions can lead to faulty brakes.

Common causes of West Virginia trucking accidents

Truck accidents happen for a number of reasons, and they can even be a result of a combination of errors. Some common causes of truck accidents in West Virginia include:

Distracted, fatigued, or reckless driving. Truck drivers often work long hours, which can lead to fatigue. Those who may eat, text, or conduct other activities while driving may increase their risk of collision. While federal hours-of-service (HOS) rules do limit the time drivers can remain on the road, violations still happen. As with operating any type of vehicle, those who speed or drive otherwise aggressively also increase their chances of collision.

Negligent hiring by the truck company. Truck companies are responsible for hiring qualified and licensed drivers. This includes background checks, drug testing, and proper training to reasonably ensure they are putting safe drivers on the road.

Lack of proper maintenance by the truck company. Truck accidents can occur due to mechanical failures. Companies should do routine inspections, including checking the working function of brakes, tires, and steering devices, to reasonably ensure vehicles on the road are safe for driving.

Bad weather conditions. While you can’t control the weather in West Virginia, drivers can control how they respond to it. Slick roads may require slower speeds. Drivers who fail to use proper precautions in poor conditions may increase the likelihood of a collision.

Who is liable in a trucking accident in West Virginia?

If you or a loved one was involved in a truck accident in West Virginia, multiple parties may be liable.

A truck driver. If a driver’s negligence (such as speeding, falling asleep at the wheel) caused injury, the truck driver will likely be liable.

A trucking company. The company that employs the negligent driver may also be found liable. Additionally, they may be at fault if they failed to maintain vehicles or retained unfit drivers.

A manufacturer. If defective auto parts contributed to a truck accident, a manufacturer may also be at fault.

Liability can look different in every case, which is why it’s so important to seek legal representation to help pursue full accountability for your personal injury.

How to prove negligence in a truck accident case

To prove negligence in West Virginia, you must be able to prove that a truck driver on the road owed you a duty of care and breached that duty of care, causing injuries that resulted in losses, like medical expenses and/or loss of income. For example, if you’re sharing the road with a truck driver who was negligently texting while driving, and he hit you, directly causing injury for which you needed medical treatment, the truck driver would likely be held liable.

It’s also important to note that West Virginia follows comparative negligence in truck accident cases, meaning that you can still recover damages as long as your share of the fault is 50% or less.

What compensation can you recover in a West Virginia trucking accident?

Truck accident victims may be entitled to damages. In West Virginia, this can come in several forms:

Economic damages. Do you have any financial losses, like medical bills, lost wages, or property damage? If so, you may be able to claim economic damages.

Non-economic damages. Were you physically or emotionally impacted by injuries sustained from the truck accident? If you experienced pain and suffering, loss of enjoyment of life, or other similar losses, you may be entitled to recover non-economic damages.

Punitive damages. While these are only awarded in rare cases, punitive damages can sometimes be given if there is clear and convincing evidence that the defendant acted with actual malice or with a conscious, reckless, and outrageous indifference to the safety and well-being of others.

How long do I have to file a truck accident claim in West Virginia?

In West Virginia, you have two years from the date of the truck accident that caused you injury to file your claim, although exceptions apply. If you or a loved one was involved in a truck accident, contact an experienced attorney as soon as possible. They can help you get the ball rolling by gathering evidence to help your case. The longer you wait to retain an attorney, the harder it may be to obtain helpful documentation.

How Nace Law Group develops your case

At Nace Law Group, our goal is to build strong cases so that we can help you pursue the compensation you deserve. Here are the basic steps we take:

• Introduction and early investigation: We listen to your story and begin gathering evidence as soon as possible.
• Expert witness collaboration: We may consult with expert witnesses to obtain further knowledge about the facts of different aspects of your case and gain an accurate estimate of any future losses that we may want to be considered.
• Preparation for trial: Regardless of whether we negotiate, settle, or go to trial, we build a solid foundation to try your case.

The bottom line is that Nace Law Group supports clients from the initial consultation to the resolution of the case. We’re proud of our results and the work we do for our clients.

Frequently asked questions

What should I do after a truck accident in West Virginia?

Call 911 and seek medical attention if necessary. Then, document the scene with photos of the crash and the surrounding area. Get contact information from other drivers and witnesses. Then, contact an experienced truck accident attorney who can handle communication with insurance adjusters.

What evidence is important in a truck accident claim?

Every case is unique, but generally, driver logs, maintenance reports, inspection documents, and eyewitness statements can be helpful when building a truck accident case.

Can I still recover compensation if I was partially at fault?

Yes. You can. Under West Virginia’s comparative negligence law, you can still collect damages even if you are 50% or less at fault. If you are over 50% at fault, you won’t recover.

Do you have a West Virginia truck accident lawyer near me?

Our West Virginia office location is 3501 MacCorkle Ave SE, Charleston, WV 25304. We’re happy to meet you in person or via phone.

Speak with a West Virginia truck accident lawyer today

At Nace Law Group, we understand the severe trauma associated with truck accidents. We listen carefully and build strong cases with professionalism and compassion. Don’t hesitate to get in touch today. You can reach us by phone or through our contact form.