Eastern Panhandle | Truck Accident Injury Claims
Hurt in a Truck Crash? Talk to Big Bubba Injury Law About Your Case
We represent people seriously injured in car and commercial truck crashes, and families in wrongful death cases, across West Virginia. Start with a free case review.
Published October 25, 2026
If you were hurt in a truck crash, you may have a claim against the people responsible. An injury claim asks those parties to pay for the harm the crash caused. The firm handles these claims for people hurt in car, truck and commercial vehicle crashes, and for families in wrongful death cases.
What a Truck Accident Injury Claim Is and Who It Is For
An injury claim is a request for compensation from the parties responsible for a crash. It is not a lawsuit by default. Many claims begin with talks with insurance companies. A court case is one path if the claim cannot be resolved another way.
The injured person can bring the claim. That includes a driver or passenger hurt in the crash. If someone died, a wrongful death claim may be available. In West Virginia, that action is brought by the personal representative, the person formally appointed to handle the deceased person’s estate (W. Va. Code § 55-7-6).
A truck crash differs from a typical car crash. That can include the truck’s owner, the driver’s employer, and any company that leases or controls the truck or driver. That is why these cases can involve more than one party.
The firm serves all 55 West Virginia counties. In the Eastern Panhandle, that includes Berkeley, Jefferson and Morgan counties. We serve Martinsburg, where the firm’s only office is located.
If a truck or commercial vehicle crash left you or a loved one hurt, you may have a claim, and the firm can review it with you in a free case review. Talk it through with Big Bubba — the first case review is free, confidential, and carries no obligation.
What the Firm Handles in Truck and Commercial Vehicle Crash Cases
The firm handles car accidents, truck accidents, commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury and wrongful death. These are the case types the firm takes on.
Depending on the crash, a claim may involve:
- The truck driver
- The trucking company that employs the driver
- The owner of the truck or trailer
- A company that leases the vehicle or holds legal control over it
Catastrophic injuries can change a family’s life for a long time. A traumatic brain injury is caused by a bump, blow or jolt to the head or body that disrupts normal brain function. In a wrongful death action, W. Va. Code § 55-7-6(c)(1)(B) allows compensation for reasonably expected loss of income of the decedent.
The firm’s work includes investigating the crash, gathering evidence, communicating with insurers and pursuing the claim for you.
Why Truck Crashes Require a Different Kind of Investigation
Truck crash cases often depend on records beyond the police report. Driver logs and company files can matter as much as what happened at the scene.
Federal hours-of-service rules limit how long a commercial driver can work and drive. Federal hours-of-service rules generally require a driver to have 10 consecutive hours off duty before driving under the normal limits in § 395.3, while drivers subject to the limits in § 395.5 need at least 8 consecutive hours off duty, subject to the exceptions in § 395.1. Under 49 C.F.R. § 395.3, a driver of a property-carrying commercial vehicle may drive a total of 11 hours during the 14-hour period after coming on duty (49 C.F.R. § 395.3).
Drivers subject to the federal ELD rule record their duty status on electronic logging devices (ELDs). Carriers must keep these records and supporting documents for at least six months from the date of receipt (49 C.F.R. § 395.8). A motor carrier also may not alter or erase the original hours-of-service information (49 C.F.R. § 395.30). Because records have limited retention periods, early action helps.
Trucking companies and insurers can start collecting their own evidence right away.
Evidence and Deadlines Eastern Panhandle Truck Crash Victims Should Know About
West Virginia generally sets a two-year time limit for personal injury claims. Personal injury actions for which no other limitation is prescribed must be brought within two years after the right to sue accrues (W. Va. Code § 55-2-12). A wrongful death action must be commenced within two years after the death, subject to certain exceptions (W. Va. Code § 55-7-6). W. Va. Code § 55-7-6(d) sets a two-year period, subject to other provisions of the code, for commencing wrongful death actions. The final sentence of this subsection excludes only actions for deaths that occurred before July 1, 1988, so the two-year filing period applies to deaths on or after that date.
Evidence often matters most early. Helpful items include:
- The police crash report
- Photos of the scene, the vehicles and your injuries
- Names and contact details of witnesses
- The trucking company name and any markings on the truck
- Dash camera or nearby video, if any exists
- Medical records and bills
Keep every follow-up appointment. Write down symptoms, pain levels and tasks you can no longer do at work or at home. A daily log can show how the injury affects your life over time.
Be careful with social media. Posts about the crash, your activities or your injuries can be used by the other side.
How the Free Case Review Works
The free case review is a first meeting. The firm looks at your crash, your injuries and your options.
- Contact the firm. Call or use the online contact form. Share the basic facts of the crash.
- Share your documents. The firm reviews the crash details, medical records and paperwork you bring. It works to identify the parties who may be responsible.
- Hear your options. The firm explains possible paths, including talks with insurers and a lawsuit if needed.
- Decide your next step. You choose what to do next. The free case review is confidential and carries no obligation to continue.
The review itself is typically a single meeting. How long a claim takes depends on your injuries and the parties involved.
Common Questions About Truck Accident Injury Claims
Here are short answers to common questions about truck crash claims.
Do I have to be completely free of fault?
No. Your fault does not bar recovery unless it is greater than the combined fault of all other persons responsible. If it is less, your recovery is reduced in proportion to your fault (W. Va. Code § 55-7-13c).
Should I talk to the trucking company’s insurer?
For 20 days after an injury, if you are an inpatient in any hospital or are partially or totally unable to engage in your usual trade, profession or occupation, no one may negotiate a settlement with you or on your behalf, or obtain a release or statement from you for use in a settlement, except that a person acting for you may obtain a statement upon your express request, and a person liable for damages may make an advance payment. Under W. Va. Code § 55-7-11a, the injured person may disavow a settlement, release or statement obtained in violation of that section. The person must do so within one hundred eighty days from the date of the injury, by signing a written statement of disavowal and sending a copy to the person who violated the section. Any money paid for the settlement or release must be repaid or returned to the person who paid it at the time the copy of the disavowal is sent; if it is, the settlement, release or statement may not be admitted as evidence in any court or other proceeding relating to the injury (W. Va. Code § 55-7-11a).
Does a truck crash claim always go to trial?
Not always. Some claims settle before trial, and some go to court. Which path applies depends on the facts.
Can I still request a free case review weeks after the crash?
Yes. You can request a free case review after weeks have passed. Earlier contact helps protect evidence and keeps the deadlines in view.
Not sure what your next step is?
Talk it through with Big Bubba — the first case review is free, confidential, and carries no obligation.
What to Know After a Truck Crash
If a truck or commercial vehicle crash hurt you or someone you love on an Eastern Panhandle road, the firm can review what happened with you. You may be facing medical decisions, calls from an insurer and questions about a loved one’s care all at once.
You can request a free case review to talk with the firm about what happened. You can also tell Big Bubba Injury Law what happened through the online contact form.