{"id":15494,"date":"2026-11-07T09:04:46","date_gmt":"2026-11-07T09:04:46","guid":{"rendered":"https:\/\/bigbubba.com\/resources\/truck-accidents-west-virginia\/passenger-semi-truck-crash-west-virginia-questions\/"},"modified":"2026-11-07T09:04:53","modified_gmt":"2026-11-07T09:04:53","slug":"passenger-semi-truck-crash-west-virginia-questions","status":"publish","type":"page","link":"https:\/\/bigbubba.com\/resources\/truck-accidents-west-virginia\/passenger-semi-truck-crash-west-virginia-questions\/","title":{"rendered":"Passenger in Semi Truck Crash West Virginia Claims"},"content":{"rendered":"\n
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West Virginia Truck Crash Claims<\/p>

Hurt as a Passenger in a Semi Truck Crash?<\/h1>

The firm represents passengers injured in car and commercial truck crashes across West Virginia, and families in wrongful death cases. Tell us what happened.<\/p>

Request a free case review<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

Published November 7, 2026<\/p>\n\n

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A passenger hurt in a semi truck crash in West Virginia may have a claim, even though they did not drive. This page covers the questions a passenger or family should ask first, and the records that help answer them.<\/p>\n

Can a passenger in a semi truck crash have a claim in West Virginia?<\/h2>\n

Yes, a passenger may have a claim if another person’s negligence helped cause the crash. Negligence means failing to use reasonable care. A passenger does not control the truck, so passengers are often hurt badly. Serious injury alone does not show who was at fault.<\/p>\n

Under W. Va. Code \u00a7 55-7-13a<\/a>, recovery in a personal injury or wrongful death action is generally based on principles of comparative fault, with liability allocated to each person who proximately caused the damages in direct proportion to that person’s percentage of fault. Under W. Va. Code \u00a7 55-7-13c<\/a>, a plaintiff’s own fault does not bar recovery unless it is greater than the combined fault of everyone else responsible. If it is not, recovery is reduced in proportion to the plaintiff’s share of fault.<\/p>\n

Insurers may still raise fault questions, so it helps to understand this rule early. For a broader look at truck crash claims, see our truck crash claims guide<\/a>.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with Big Bubba — the first case review is free, confidential, and carries no obligation.<\/p>

Get a free case review<\/a><\/div><\/div>\n<\/div>\n\n
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Who may be liable when a passenger is hurt?<\/h2>\n

The truck driver is only one possible target. West Virginia law defines an “employer defendant” broadly. It can include the truck’s owner, the driver’s employer, and any entity that holds legal control over the truck or the driver, under W. Va. Code \u00a7 55-7-32<\/a>.<\/p>\n

These ask whether an employer reasonably checked a driver’s background for the job, given the risk to others. See McCormick v. W. Va. Department of Public Safety<\/a>.<\/p>\n

Other parties can matter too. A maintenance provider or a company that loaded the cargo may share fault, depending on the circumstances. Another driver may also share fault. If another driver was at fault, that driver’s insurance may be part of the picture.<\/p>\n

Liability is also divided. Under the same statute on comparative fault, each defendant is generally liable only for its own share of fault, though some exceptions apply (W. Va. Code \u00a7 55-7-13c<\/a>). Start with these questions:<\/p>\n