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Written By
People's Justice Legal Research Team
Statute of Limitations
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). Coal and industrial truck weight limit violations are a significant liability factor unique to West Virginia.
2 years from date of accident
West Virginia Data
Exposure in West Virginia
Source: WVDOT Commercial Vehicle Data 2024
Source: NHTSA FARS 2024
Source: WV Public Service Commission
Medical Resources