A semi truck crash can leave you with serious injuries, mounting medical bills and time away from work. If someone else’s negligence caused your crash, West Virginia law gives you the right to seek compensation. Understanding what you can recover is the first step toward knowing what your claim may be worth.
What are economic damages?
Economic damages cover your concrete financial losses. In a West Virginia semi truck case, these can include:
- medical expenses you have already incurred and those you expect going forward
- lost wages for time already missed from work
- lost earning capacity if your injuries affect your ability to work in the future
- vehicle repair or replacement costs
- out-of-pocket expenses related to the accident
West Virginia places no limit on what you can recover for your financial losses.
What are non-economic damages?
Beyond your financial losses, you may also recover compensation for the human cost of your injuries, including pain and suffering, emotional distress, permanent scarring, loss of enjoyment of life and the impact your injuries have had on your relationship with your spouse.
In 2024, West Virginia enacted a law capping non-economic damages at $5 million in personal injury claims against commercial transportation providers. That is still a significant amount, and the cap does not apply in cases involving an impaired driver, an overloaded truck, or a trucking company that lacks adequate insurance coverage.
Why do semi truck crash claims often result in higher compensation?
Semi truck crashes cause more severe injuries than ordinary car accidents, and the number of potentially liable parties is often greater. You may have claims against the truck driver, the trucking company, a cargo loader, a maintenance contractor, or a truck manufacturer. Each additional liable party represents another potential source of compensation.
When a trucking company acts with actual malice or shows conscious, reckless and outrageous indifference to public safety, a court may award punitive damages. If awarded, punitive damages are limited to either four times your total compensation or $500,000, whichever amount is greater.
Acting quickly can make a difference in what you recover
West Virginia follows a modified comparative fault system. Meaning, if you share some responsibility for the crash, your compensation is reduced by your percentage of fault. If your fault exceeds 50%, you cannot recover anything.
West Virginia sets a two-year window starting from the day of the accident to file a claim. If that window closes, you may lose any chance of recovering compensation entirely. Speaking with a West Virginia truck accident attorney as soon as possible gives you a better chance of preserving evidence and protecting your claim.