Hurt in a Truck Crash on I-77? Tell Us What Happened

If a truck crash on I-77 hurt you or someone you love, you may have a claim against the parties who may be responsible. This page is a plain-language guide for anyone searching for an I-77 truck crash injury lawyer West Virginia residents can reach. West Virginia generally allows two years to file a personal injury lawsuit, and exceptions may apply (W. Va. Code § 55-2-12). Below, you’ll find how these claims generally work, what evidence matters early, and how a free case review can help you decide on a next step.

What an I-77 Truck Crash Injury Claim Covers

An I-77 truck crash injury claim is a civil claim. An injured person, or a family after a death, brings it against the parties who may be responsible for the crash.

I-77 runs through parts of southern and central West Virginia. Heavy trucks share those lanes with cars, vans, and pickups. A crash can involve one truck, several vehicles, or a commercial vehicle that is not a large tractor-trailer.

The firm handles car accidents, truck accidents, commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury, and wrongful death. We serve injured drivers and passengers across West Virginia, and the families of people killed or seriously hurt on I-77.

The type of vehicle matters legally. West Virginia’s commercial vehicle statute uses its own definition of a commercial motor vehicle, so the kind of vehicle can change which rules apply. W. Va. Code § 55-7-32 sets out that definition. If you don’t know what vehicle was involved, the police crash report may list it.

Who May Be Responsible After an I-77 Truck Crash

The truck driver, the company that employs or controls the driver, and the vehicle owner may each be responsible, depending on the facts. The same statute defines an “employer defendant” to include the vehicle owner, the driver’s employer, and any entity with legal control over the vehicle or driver. W. Va. Code § 55-7-32 also limits some noneconomic damages against employer defendants, and that limit does not apply in every case.

A claim may be brought against a truck driver, and the company may also be named. Some claims also look at how a company hired, kept, or supervised a driver. Some crash claims may also involve questions about how a company hired or supervised its drivers, depending on the facts. These ask whether an employer reasonably checked a worker’s background for the job. McCormick v. West Virginia Department of Public Safety addresses this theory.

West Virginia’s commercial vehicle statute, W. Va. Code § 55-7-32, defines “commercial motor vehicle” and does not address comparative fault. Under W. Va. Code § 55-7-13c, your own fault bars recovery only if it is greater than the combined fault of all others. If it is less, your recovery is reduced by your share of fault.

Some insurers may dispute a claim or the fault they assign to each party. Keep a record of every call and letter.

Evidence That May Matter Early

The police crash report, scene photos, witness contacts, and trucking records are often the first evidence that matters. Start with these items:

• The police crash report and any citations issued
• Photos of the scene, the vehicles, and the damage
• Names and phone numbers of witnesses
• Dashcam or onboard camera video, if it exists
• Medical records, bills, and notes about missed work

Trucking companies keep their own records. 49 C.F.R. § 395.8 requires drivers to record duty status and bars false reports. Carriers must keep periodic inspection reports for fourteen months, under 49 C.F.R. § 396.21.

Electronic logging device data and hours-of-service records may also be relevant. A carrier may not alter or erase the original hours-of-service information, under 49 C.F.R. § 395.30. Unsecured loads can also cause serious crashes, according to West Virginia Division of Motor Vehicles safety guidance.

Because records are kept for set periods, early action can matter. A written request to preserve evidence is one step a claim may involve. Post-accident drug and alcohol testing may also be required after some commercial vehicle crashes, according to FMCSA rules.

Keep your notes, appointment dates, receipts, and work absence records in one place. When you’re ready, you can Tell Bubba what happened, and the firm can go through these records with you.

Serious Injuries, Medical Records, and Medical Decisions

Serious crash injuries, such as traumatic brain injury and spinal cord injury, need careful medical records from the start. Medical records show what the injury is and how it has been treated. Keep discharge papers, imaging reports, therapy notes, and prescription lists.

Questions about recovery, daily care, and future needs belong with your medical providers. A treating team can explain what to expect for a specific injury. Those answers can change over time.

After a serious crash, family members often help with decisions when the injured person cannot. Ask the care team who is authorized to receive information and make decisions for the patient.

Catastrophic injuries can also affect a family’s income, household work, and daily needs. These losses are often part of how a claim is documented.

How the Process Generally Works

A claim usually moves from first contact to records and investigation. Next come talks with insurers, and sometimes a lawsuit.

1. First contact: You describe the crash, the vehicles involved, and any injuries.
2. Free case review: This is a confidential meeting, offered with no obligation to continue, to review what happened and your options.
3. Records: The firm helps gather crash reports, trucking company records, and medical documents.
4. Investigation: The facts show how the crash happened and which parties may be responsible.
5. Insurer contact: The firm handles communication with insurers and other parties, and may present a demand where appropriate.
6. Lawsuit: If a fair resolution is not reached, filing a lawsuit is one possible path.

Timing rules also limit early contact. W. Va. Code § 55-7-11a restricts certain settlement contact within twenty days of an injury, if the injured person is in the hospital or unable to work. An injured person may disavow a settlement made in violation of that rule within one hundred eighty days from the injury by executing a written statement of disavowal and forwarding a copy of it to the person who violated the rule, if any money paid for the settlement is repaid or returned when the copy is sent.

The firm handles these claims across West Virginia.

How Long You Have to Act in West Virginia

West Virginia generally allows two years to file a personal injury lawsuit, and exceptions may apply. W. Va. Code § 55-2-12 sets a two-year period for personal injury actions. The period is measured from when the right to sue arose.

Wrongful death claims have their own timing rule. W. Va. Code § 55-7-6 generally requires the action to start within two years after the death, subject to other provisions. W. Va. Code § 55-7-6 reads: “The provisions of this section shall not apply to actions brought for the death of any person occurring prior to July 1, 1988.” The claim is brought by the personal representative, the person formally appointed to act for the estate.

The same statute lets the jury award damages it considers fair and just in a wrongful death case and direct how they are distributed among survivors. Examples include funeral expenses and the loss of a family member’s companionship and guidance.

Waiting can make evidence harder to gather, so early contact may help.

Frequently Asked Questions