Hurt in a Commercial Van Crash? Brain Injury Claims Need Careful Attention.

Big Bubba Injury Law represents people hurt in work van, delivery van, box truck, and other commercial vehicle crashes in West Virginia. A brain injury can change your work, your family life, and your daily routine. This page explains how a commercial van accident brain injury lawyer approaches these claims, who may be responsible, and the deadlines that matter.

What a Work Van or Commercial Vehicle Crash Brain Injury Claim Covers

A work van or commercial vehicle crash brain injury claim is a personal injury case for a head injury caused by a crash involving a vehicle used for business. These vehicles include delivery vans, box trucks, and company cars and trucks on West Virginia roads.

Car crashes can cause traumatic brain injury, which means severe brain damage caused by an outside force. The injured person may be a driver, a passenger, a pedestrian, or another motorist. Many of these crashes involve more than one party who may share responsibility.

Who Can Be Responsible After a Commercial Van Crash

More than one person or company may be responsible, and the facts decide who.

• The driver, if distraction, speeding, or fatigue played a part.
• The employer, when the driver was working. Employers can sometimes answer for crashes caused by workers on the job.
• The motor carrier or intermodal equipment provider, if brakes, tires, or steering failed, because federal rules require every motor carrier and intermodal equipment provider to keep parts in safe and proper operating condition under 49 C.F.R. § 396.3. Federal rules require carriers to keep vehicles safe under 49 C.F.R. § 396.3.
• The cargo loader, if a load was not properly secured. Federal cargo rules require cargo to be firmly immobilized.

Types of Brain Injury in Vehicle Crashes

Brain injuries from vehicle crashes range from concussions to severe injuries that can change a person’s life.

• Concussion or mild traumatic brain injury. These injuries can still cause lasting effects.
• Moderate or severe brain injury. These can involve skull fracture, bleeding, or swelling.
• Long-term effects. Memory, concentration, mood, balance, and vision or hearing changes can continue for months.

A medical check after any head impact helps record the injury. Keep every medical visit, and tell your providers about every symptom, even minor ones. Written records over time show how the injury affects daily life.

Workers’ Compensation, Third-Party Claims, and Your Options

If you were working, workers’ compensation may be one path. A claim against another party may be a separate path. Which options apply depends on the facts of the crash and your work relationship.

A third party is anyone besides your employer, such as another driver or a parts maker. Reporting the injury to your employer and following medical advice helps protect every option.

How West Virginia Law Affects a Brain Injury Claim

• Shared fault. Your fault does not bar recovery unless it is greater than the combined fault of all others responsible. If it is less, your recovery is reduced in proportion to your fault (W. Va. Code § 55-7-13c).
• Personal injury deadline. A personal injury action must be brought within two years after the right to sue accrues (W. Va. Code § 55-2-12).
• Wrongful death deadline. The action must be brought by the personal representative of the estate, generally within two years after death (W. Va. Code § 55-7-6).
• Commercial employer cap. Under W. Va. Code § 55-7-32, the statutory limit on noneconomic damages in certain commercial vehicle claims against an employer is adjusted for inflation each year starting January 1, 2026, and the adjustment is capped at 150 percent of the original amounts. Under the statute, an employer defendant cannot rely on the subsection (b) limit on noneconomic damages unless it carries commercial motor vehicle insurance of at least $3 million in the aggregate for each occurrence covering the personal injury at issue. The section does not apply at all when the case arises from an incident in which the operator or driver is found to have done any of several things, including: refusing testing required under §17E-1-15 after the incident; driving under the influence of a controlled substance, other drug or inhalant substance; driving beyond the hours of operation set by state or federal regulations; driving in willful or wanton disregard for the safety of persons or property; driving a vehicle loaded beyond its maximum gross vehicle weight rating, unless legally operating under a permit issued under §17C-17-11; or engaging in distracted driving as set forth in §17C-14-15(e) (W. Va. Code § 55-7-32).

Claims can include medical costs, lost income, and pain and suffering.

What Happens After You Contact the Firm

After you reach out, the firm starts with a free case review. Then the work moves to evidence, medical records, and the parties involved.

1. Free case review. This is a confidential first conversation about how the crash happened and what injuries followed. There is no obligation to continue.
2. Preserve evidence. Protect logs, maintenance records, dash camera footage, crash reports, and witness names. Federal rules set limited retention periods for some vehicle records, so early requests matter (49 C.F.R. § 396.3).
3. Medical records. Imaging, neurological evaluations, and a written record of symptoms over time.
4. Investigation. Identifying every responsible party can take months in commercial vehicle cases.
5. Claim and filing. The claim is presented, insurers are negotiated with, and suit is filed if needed to meet the deadline.

Timelines vary with the severity of the injury and the number of parties involved. If a work van or company vehicle crash left you or a loved one with a brain injury, request a free case review to start reviewing what happened.

Why People Bring These Claims to Big Bubba Injury Law

Big Bubba Injury Law handles car accidents, truck accidents, commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury, and wrongful death claims.

We serve injured people and families across all 55 West Virginia counties, including Charleston, Huntington, Morgantown, Wheeling, Martinsburg, Parkersburg, Beckley, Clarksburg, Fairmont, and Weirton.

We explain each step in plain language. That includes which records matter and why they matter for your claim.

Questions Injured People Often Ask

Most readers ask about feeling fine after a crash, working at the time, and fault. Short answers follow.