Truck Accident FAQs

Collisions involving commercial trucks often cause catastrophic injuries, extensive property damage, and complicated legal disputes. Because these cases differ significantly from ordinary car accidents, victims frequently have questions about their rights, what steps to take, and how the claims process works. Below are answers to some of the most common questions people have after a truck accident in West Virginia. If you have other questions or need assistance with a personal injury claim, contact Burke, Schultz, Harman & Jenkinson to speak with a team of skilled and dedicated Martinsburg truck accident lawyers.

Why Are Truck Accident Cases More Complicated Than Car Accident Cases?

Truck accident claims typically involve more severe injuries, higher insurance limits, and multiple potentially responsible parties. The trucking industry is governed by detailed federal and state safety regulations, and violations of those rules can contribute to an accident. Unlike a simple car crash, a truck accident may require an investigation into driver logs, maintenance practices, weight limits, cargo loading, and company safety policies. Gathering this evidence and interpreting it correctly takes time, experience, and industry knowledge.

Who Can Be Held Liable for Causing a Truck Accident?

Liability may extend far beyond the truck driver. Depending on the circumstances, responsible parties may include the trucking company, the freight or cargo company, the truck’s owner, a maintenance contractor, a manufacturer of defective truck parts, or even the company responsible for loading the trailer. Because so many parties may be responsible or even share fault, determining liability requires a thorough investigation, examination of records, and, in some cases, expert analysis.

What Types of Evidence Are Important in a Truck Accident Case?

In addition to photographs, witness statements, police reports, and medical records, truck accident cases often rely on specialized evidence not found in other accident claims. This can include the truck’s electronic logging device (ELD), the engine control module or “black box,” GPS data, driver qualification files, hours-of-service logs, maintenance and inspection reports, cargo loading documents, and safety compliance records. Much of this evidence is in the hands of the trucking company, which is why it is critical to involve an attorney quickly before records are altered, lost, or destroyed.

How Long Do I Have to File a Truck Accident Claim in West Virginia?

In West Virginia, you generally have two years from the date of the accident to file a personal injury lawsuit. However, the sooner you begin the process, the better. Evidence can be lost quickly, witnesses may become harder to locate, and the trucking company may move fast to protect its interests. If a government entity is involved, for example, if the accident was caused by a vehicle owned by a state or local agency, additional notice requirements may apply that come about far sooner than two years from the crash.

What Should I Do Immediately After a Truck Accident?

Your first priority is your health. Seek medical care immediately, not just for obvious or acute injuries but to get thoroughly examined for any hidden or latent injuries. Report the accident to law enforcement, document as much as you can at the scene, and avoid discussing fault with the other driver or any insurance company. If possible, take photos of the vehicles, your injuries, the roadway, and any skid marks or debris. Contact an attorney as soon as you are able so that important evidence can be preserved.

Should I Speak With the Trucking Company’s Insurance Adjuster?

No. Those insurance adjusters represent the trucking company, not you. Their goal is to limit the company’s liability, sometimes by asking leading questions, taking statements out of context, or pushing for quick, low-value settlements. You should politely decline to give a statement until you have spoken to a personal injury attorney who can protect your rights.

What Types of Compensation Are Available?

Depending on the circumstances, you may be able to recover compensation for medical expenses, future treatment, lost wages, diminished earning capacity, pain and suffering, emotional distress, property damage, and loss of enjoyment of life. In cases involving reckless or egregious conduct, such as driving under the influence or knowingly violating safety laws, punitive damages may also be available. An attorney can evaluate your case and determine the full scope of damages you may be entitled to pursue.

Do Truck Accident Cases Usually Settle or Go to Trial?

Most cases settle, but truck accident claims are more likely than typical personal injury cases to require litigation or trial. This is because the stakes are higher: trucking companies and insurers often fight aggressively to avoid large payouts. Preparing a strong case from the beginning, complete with expert testimony, thorough documentation, and evidence of regulatory violations, increases the likelihood of securing a fair settlement and positions you for success if the case goes to court.

How Long Does It Take to Resolve a Truck Accident Claim?

Truck accident cases tend to take longer than ordinary car accident claims because they involve serious injuries and significant amounts of evidence. Treatment and recovery time also play a role, because you should not settle your claim until your long-term medical needs are clear. While some cases may resolve in several months, others may take a year or more, particularly if litigation becomes necessary.

Do I Need an Attorney for a Truck Accident Case?

Given the complexity and high stakes of these claims, having an experienced attorney is essential. Your lawyer can send preservation letters, gather vital trucking records, work with accident reconstruction specialists, negotiate with insurance companies, and build a strong case for trial if needed. Without legal representation, it is extremely difficult to obtain full compensation in a truck accident case.

Get Experienced Help With Your Truck Accident Claim

At Burke, Schultz, Harman & Jenkinson, our Martinsburg truck accident attorneys have decades of experience handling major commercial vehicle collisions throughout West Virginia. We know the trucking industry’s rules and tactics, and we fight to ensure injured victims receive the maximum compensation they deserve.

If you or a loved one has been injured in a truck accident, contact us today for a free consultation to discuss your rights and legal options.