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West Virginia · Truck crash claim: what can I do?

Truck crash claim: what can I do?

See If You Qualify

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Filing deadline2 years from date of accidentW.Va. Code § 55-2-12

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in West Virginia?

West Virginia has a 2-year statute of limitations for personal injury from truck accidents (W.Va. Code § 55-2-12). Modified comparative fault with 51% bar — barred if 51% or more at fault. Claims against WVDOT or state entities require compliance with the West Virginia Governmental Tort Claims Act (W.Va. Code § 29-12A-7). A lawyer can confirm yours.

2 years from date of accident

Coal and industrial truck weight limit violations are a significant liability factor unique to West Virginia.

Source: W.Va. Code § 55-2-12

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

West Virginia's mountainous terrain and heavy coal and industrial trucking create unique commercial vehicle hazards. Steep grade descents on the West Virginia Turnpike (I-77) and US-119 have been the site of multiple catastrophic truck brake failure accidents. West Virginia follows comparative fault with a 51% bar and has a 2-year SOL.

Medical facilities in West Virginia

  • Charleston Area Medical Center — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Truck crash claim: what can I do? overview. This page covers the local information available for West Virginia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in West Virginia? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

Register your interest

Sources

  1. W.Va. Code § 55-2-12