Morgantown, WV Truck Accident Lawyers

By J. Brandon Shumaker  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated October 28, 2026

A crash with a loaded commercial truck is not the same as a crash between two cars. The injuries tend to be more serious, more than one company may share the blame, and the trucking company and its insurer usually begin protecting themselves right away.

At Slavey & Shumaker PLLC, our truck accident lawyers represent injured people and families throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. Our office is on Chancery Row, beside the Monongalia County Courthouse in Morgantown. We investigate the crash, demand that the trucking company preserve its records, identify every insurance policy that may apply, and pursue full compensation under West Virginia law, through settlement or trial.

1. Why Truck Accident Cases Are Different

Federal rules generally allow a vehicle on the Interstate System to weigh as much as 80,000 pounds, unless the federal bridge formula sets a lower limit (23 C.F.R. § 658.17(b)). A truck that heavy needs far more distance to stop than a passenger car, and when it hits a smaller vehicle, the people in the smaller vehicle usually take the force of the impact.

Truck cases also differ from car cases in ways that affect your claim:

• More than one responsible party. The driver, the trucking company, a shipper or loader, a maintenance shop or a parts manufacturer may each share the blame.
• Federal safety rules. Many commercial trucks and drivers must follow the Federal Motor Carrier Safety Regulations on driving hours, alcohol use, inspections and maintenance. A violation can be strong evidence of negligence.
• Electronic records. Electronic logging devices, engine data, GPS and dispatch records can show how long the driver had been working and what the truck was doing before the crash.
• Larger insurance policies. Many commercial carriers must carry far more liability coverage than a private driver, and more than one policy may apply.

2. Where Truck Crashes Happen in West Virginia

Commercial trucks share the road with local drivers on interstates, U.S. routes and two-lane state highways across West Virginia. We represent people hurt in truck crashes on roads including:

• Interstate 79, which runs north and south through Morgantown, Fairmont, Clarksburg and Bridgeport
• Interstate 68, which runs east from I-79 near Morgantown through Preston County toward Maryland
• U.S. 50 (Corridor D) through Clarksburg and Bridgeport
• U.S. 19 and U.S. 119 through Morgantown
• Interstates 64 and 77 and other highways across the state

Steep grades, sharp curves, winter weather and heavy coal, oil and gas, construction and delivery traffic can all play a part in serious truck crashes. For local court and road information, see our pages for Monongalia County, Preston County, Marion County and Harrison County.

3. Common Causes of Truck Accidents

Most truck crashes come down to negligence by the driver, the trucking company or someone else responsible for the truck or its load. Knowing why your crash happened is the first step in proving who is responsible.

These causes lead to jackknife crashes, rollovers, rear-end collisions, underride crashes, head-on collisions and multi-vehicle pileups. Common injuries include traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, burns and, in the worst cases, wrongful death.

4. Federal Trucking Safety Rules

The Federal Motor Carrier Safety Regulations set rules that many truck drivers and trucking companies must follow. Some of the rules that come up most often in crash cases are below. Each rule has its own scope and exceptions.

5. Who Can Be Held Responsible for a Truck Accident

A truck accident claim may involve several defendants, depending on the facts. Potentially responsible parties include:

• The truck driver, for unsafe driving, fatigue, distraction or impairment
• The trucking company, for its driver’s conduct on the job, and for its own negligence in hiring, training, supervising, scheduling or maintaining its trucks
• The owner of the truck or trailer, when it is different from the company operating it
• The shipper or loading company, for overweight, unbalanced or unsecured cargo
• A maintenance or repair company, for faulty brake, tire or other repair work
• A manufacturer, when a defective truck part helped cause the crash

Identifying every responsible party matters, because each one may have its own insurance coverage and, under West Virginia law, each defendant is generally responsible only for its own share of fault.

6. Evidence That Can Disappear Quickly

Some of the most important evidence in a truck case is in the trucking company’s hands, and federal rules only require it to be kept for a limited time:

• Driver logs. A motor carrier must keep each driver’s records of duty status and supporting documents for at least 6 months from the date of receipt (49 C.F.R. § 395.8(k)(1)).
• Maintenance records. Inspection, repair and maintenance records must be kept for 1 year, and for 6 months after the vehicle leaves the carrier’s control (§ 396.3(c)).
• Electronic data. Electronic logging device, engine control module, GPS, dashcam and dispatch data can be overwritten or lost.
• The truck itself. A damaged truck or trailer may be repaired, sold or scrapped.

After a truck crash, get medical care right away, call law enforcement so an official crash report is made, photograph the scene if you can, collect witness names and contact information, and do not give a recorded statement to the trucking company’s insurer before getting legal advice. For a detailed checklist, see our Morgantown car accident guide.

7. Fault and Insurance in Truck Cases

West Virginia uses a modified comparative fault rule. Under W. Va. Code § 55-7-13c(c), your own fault does not bar recovery unless it is greater than the combined fault of all other persons responsible. If your fault is less than the combined fault of everyone else, your recovery is reduced in proportion to your share of fault.

Each defendant is generally responsible only for its own percentage of fault (§ 55-7-13c(a)). One important exception: a defendant whose impaired driving, as described in § 17C-5-2, is a proximate cause of your damages is jointly and severally liable (§ 55-7-13c(h)(1)).

Trucking company insurance. Federal rules set minimum levels of financial responsibility for many motor carriers. For example, a for-hire carrier hauling nonhazardous property in interstate commerce in a vehicle with a gross vehicle weight rating of 10,001 pounds or more must carry at least $750,000, and carriers of certain hazardous materials must carry $1,000,000 or $5,000,000 (49 C.F.R. § 387.9). Many carriers carry more, and more than one policy may apply.

Your own coverage. Your own auto policy can also matter when the at-fault coverage is not enough:

• Uninsured motorist (UM) coverage. Every West Virginia auto liability policy must include coverage that pays you what you are legally entitled to recover from an uninsured driver, within limits no less than the state minimums (W. Va. Code § 33-6-31(b)). A driver whose identity is unknown is treated as uninsured, subject to the conditions in the statute (§ 33-6-31(c)).
• Underinsured motorist (UIM) coverage. Insurers must offer UIM coverage as an option, and it applies only if you selected it (§ 33-6-31(b); W. Va. Code R. § 114-63-5.1). UIM coverage applies when the at-fault driver’s liability insurance actually available to you is less than your total damages, regardless of how those liability limits compare to your UIM limits (Syl. Pt. 5, Pristavec v. Westfield Insurance Co., 184 W. Va. 331, 400 S.E.2d 575 (1990); W. Va. Code R. § 114-63-2.2). UIM coverage then pays the damages that the at-fault driver’s available liability coverage does not, up to your UIM limits (State Automobile Mutual Insurance Co. v. Youler, 183 W. Va. 556, 396 S.E.2d 737 (1990)). Amounts payable under UIM coverage may not be reduced by payments made under your policy or any other policy (§ 33-6-31(b); W. Va. Code R. § 114-63-5.2).

We review every policy that may apply, including the trucking company’s, the driver’s, any owner’s or shipper’s, and your own, to find all available sources of recovery.

8. The Deadline to File a Truck Accident Lawsuit

In most West Virginia truck accident cases, a personal injury lawsuit must be filed within two years (W. Va. Code § 55-2-12(b)). Property damage claims also generally have a two-year deadline (§ 55-2-12(a)). Claims for a death caused by a truck crash have their own rules; see our wrongful death page.

9. What Compensation You Can Recover

An injured person may be entitled to compensation for both economic and non-economic losses, including:

Punitive damages. In some cases, punitive damages may also be available. A plaintiff must establish by clear and convincing evidence that the damages resulted from conduct carried out with actual malice toward the plaintiff or a conscious, reckless and outrageous indifference to the health, safety and welfare of others (W. Va. Code § 55-7-29(a)). Punitive damages may not exceed the greater of four times the compensatory damages or $500,000 (§ 55-7-29(c)).

No lawyer can guarantee a result. The value of a claim depends on factors such as the cost of past and future medical care, lost income, whether the injury affects your ability to work, property damage, whether the injury caused permanent scarring or disability, and the insurance coverage available.

Serving Truck Accident Victims Throughout West Virginia

We represent people injured in truck accidents throughout the State of West Virginia, including Morgantown and all of Monongalia County, Preston County, Marion County and Harrison County. If you cannot travel to Morgantown, we offer consultations by telephone.

10. Frequently Asked Questions About Truck Accidents in West Virginia

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.