Truck crashes along I-68 and I-79 sometimes involve more than one at-fault party. A wreck with a tractor-trailer can involve the driver, the trucking company, a cargo loader, or a maintenance contractor.
We know that can feel overwhelming right after a crash. At Hansberry & Wagoner, PLLC, Edmund L. Wagoner is a Morgantown truck accident lawyer who has practiced law since 2007. He is admitted to practice before the U.S. Court of Appeals for the Fourth Circuit, a useful credential when a trucking claim crosses state lines.
Reach out to talk about what happened, and we will explain what your options look like from here.
Hansberry & Wagoner, PLLC represents people hurt in wrecks with tractor-trailers, dump trucks, delivery vans, and other commercial vehicles on roads throughout Monongalia County. We take time to learn the details of each case.
A loaded cement truck crash looks nothing like a sideswipe from a delivery van, and the law can treat them differently depending on what rules the driver and company were supposed to follow.
According to the National Safety Council, large trucks were involved in crashes that killed 5,340 people nationwide in 2024. Of those killed, 70% were occupants of the smaller vehicle. That same year, more than 120,000 large trucks were involved in crashes that caused an injury.
These wrecks happen for many reasons, including driver fatigue, distracted driving, poor cargo loading, and mechanical failure.
A Morgantown truck accident lawyer at our firm can start gathering proof of what happened while the evidence is still available. Trucking companies and their insurers often begin building a defense within days of a crash.
West Virginia resolves vehicle accidents on a fault basis, so whoever caused the crash is financially responsible for the damage it caused. Sharing some of the blame does not automatically end your case. Under W. Va. Code §§ 55-7-13a, 55-7-13c, the state reduces your recovery by your percentage of fault, but only if you are 50% or less responsible. If a jury finds you 51% or more at fault, you recover nothing.
You also have a limited window to act. Under W. Va. Code § 55-2-12, a person hurt in a truck accident generally has two years from the date of the crash to file a lawsuit. If you miss that deadline, the right to recover compensation is usually lost for good. That deadline applies even while you are still negotiating with an insurance adjuster.
If you can prove fault and file before the deadline expires, compensation can include vehicle repairs, medical bills, lost income, and compensation for the pain and physical limitations the crash caused. Trucking cases often involve a commercial insurance policy with higher limits than a standard auto policy, but a larger policy does not mean a faster or easier payout.
Commercial truck drivers and the companies that employ them must follow federal safety rules on top of ordinary traffic law. These rules limit how many hours a driver can stay behind the wheel before resting, require regular vehicle inspections, and set standards for how cargo must be loaded and secured.
Sometimes a trucking company lets a driver skip a required rest period, or sends out a truck with brakes that were never properly inspected. That violation can become strong evidence of negligence in a civil case.
Edmund L. Wagoner, a Morgantown truck accident lawyer at our firm, spent years representing insurance carriers and corporate clients on the defense side. He then moved to a plaintiff practice in 2012.
That background gives him a working knowledge of how a trucking company’s driver logs, inspection records, and safety files get used, or withheld, during a negligence claim.
Lawsuits over serious crashes in Morgantown and the surrounding area generally go through the Circuit Court of Monongalia County. It is housed at the Monongalia County Justice Center on High Street in downtown Morgantown. Smaller property damage disputes may instead start in magistrate court, depending on the amount at stake.
Because I-68 and I-79 both run through the county and carry heavy truck traffic toward the Pennsylvania and Maryland borders, crashes involving commercial vehicles are a regular part of the court’s docket. Knowing which court handles a claim, and which procedural rules apply there, is one more reason to bring in a truck accident lawyer early.
Hansberry & Wagoner, PLLC secured a confidential settlement of more than $1,000,000 in a case involving a motorcycle rider struck by a tractor-trailer. Prior results do not guarantee a similar outcome.
Yes. West Virginia resolves truck and car accidents on a fault basis, so the driver or company that caused the crash is responsible for the resulting damage. All West Virginia drivers are required to carry auto insurance, and commercial trucking companies typically carry much higher policy limits than an individual driver would.
Proving fault takes evidence showing who caused the crash, how they caused it, and the scope of the resulting damage. Fault can fall on the truck driver, the trucking company, another driver, or more than one party at once. Hiring a truck accident lawyer early matters, because that evidence can disappear quickly.
The value of a claim depends on the severity of your injuries, whether you missed work, and how clearly you can show the other party was at fault. A claim involving a short hospital stay settles differently than one involving a long recovery or lasting physical limitations.
Sometimes. A trucking company can share responsibility if it failed to properly train or supervise a driver, ignored maintenance problems, or pressured a driver to violate federal hours-of-service limits. Whether the company can be named depends on the specific facts of the crash.
A police report is not legally required to file a claim, but it usually helps establish what happened and who was involved. Keeping a copy of any report, along with your own notes about the crash, can support your case later on.
Truck accident cases tend to be more complicated than standard car accident cases. You may need evidence you do not know how to obtain on your own. Your recovery may also depend on negotiating with a commercial insurance carrier that will try to minimize what it pays.
A serious truck crash on I-68, I-79, or any Monongalia County road can leave you facing medical bills, lost income, and a commercial insurer that is already building its defense. A Morgantown truck accident lawyer at Hansberry & Wagoner, PLLC can start investigating what happened and identify every party who may be responsible.
We can walk you through what the process looks like before your filing deadline arrives. Contact us today to schedule an initial consultation about your case.
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