// JURISDICTION / WV
Truck claims
in West Virginia.
West Virginia follows modified comparative fault under Bradley v. Appalachian Power — recovery is barred if your fault equals or exceeds 50%.
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West Virginia has a 2-year deadline. Evidence disappears in days.
2 years
Two years from the date of injury under W. Va. Code § 55-2-12.
Modified comparative negligence (51% bar)
West Virginia follows modified comparative fault under Bradley v. Appalachian Power — recovery is barred if your fault equals or exceeds 50%.
Maximum recovery
Non-economic damages in medical malpractice capped under W. Va. Code § 55-7B-8. No general cap in standard cases.
Pre-suit notice
State Court of Claims handles certain state-employee claims.
W. Va. Code § 55-2-12
Cite this statute when documenting your claim. Your attorney will work from this authority.
State practice
I-64, I-77, and I-79 traverse mountainous terrain raising brake-failure and runaway-truck issues. Coal hauling adds weight-violation considerations.
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More on truck accident claims in West Virginia:
- Major commercial carriers operating in West Virginia → — Amazon, FedEx, UPS, Walmart, USPS and more, with carrier-specific liability rules.
- Truck accident injury claim guides → — from soft-tissue and broken bones to catastrophic and wrongful death.
- Start your West Virginia truck accident claim review → — a specialist licensed in your state will respond within 24 hours.