Charleston Truck Accident Lawyers: Experienced Guidance for West Virginia Victims
Last updated on May 29, 2025
While all motor vehicle accidents have the potential to be serious, 18-wheeler accidents are especially deadly. When 80,000 pounds or more slams into a passenger vehicle, a semi-truck accident can result in serious damage, a completely totaled vehicle and injuries that are permanent if not fatal.
Not only are 18-wheeler truck accidents typically severe, but truck accident claims are usually very complex and involve multiple parties. Trucking companies and insurance companies are never eager to pay claims in full making a commercial vehicle truck accident claim difficult to settle fairly.
The Masters Law Firm, L.C.: Leveling the Playing Field for Truck Accident Victims
If you have been in a truck accident in West Virginia, or if you have lost a loved one in a truck accident, our experienced West Virginia truck accident attorneys at The Masters Law Firm, L.C., know how to prevail in even the most complex cases against well-funded adversaries, such as large trucking companies. We work closely with our clients, exploring every potential legal avenue toward recovering maximum compensation for their injuries.
What Are Some Types Of 18-Wheeler Truck Accidents?
Truck accidents don’t just happen. They usually occur because of the negligence of one of the parties involved. While truck accident causation can vary, most of them are very serious. Some of the most common – and most deadly – types of truck accidents include:
- Underride accidents: In an underride accident, a passenger car slams into the rear of a semi-truck trailer. Because the trailer is elevated and the passenger car is much smaller, the car may actually drive under the trailer bed. This type of accident may be the result of truck driver negligence, where the truck cuts in front of a passenger car.
- Override accidents: An override accident is similar and involves a semi-truck riding over the rear-end of a smaller passenger car when the car is in front of the truck. This may occur because the semi-truck driver does not see the smaller car or because the truck driver is following much too closely.
- Blind spot accidents: Large 18-wheelers have big blind spots that can be critical to drivers’ safety. If the driver of an 18-wheeler does not take care to view the areas around his truck when, for example, switching lanes, an accident could occur.
- Squeeze play crashes: A squeeze play crash is terrifying. This type of accident happens when a smaller vehicle attempts to pass a right-turning truck on the right, not realizing that the truck is turning due to the truck moving to the left to swing wide first because the truck does not properly signal the turn. As the truck makes its turn, the passenger car is “squeezed” between the tractor-trailer and the curb or guardrail.
- Jackknife crashes: If a trailer comes loose, the cargo within a trailer shifts or a semi truck takes a turn too fast, the trailer may swing around to form a 90-degree angle with the truck. This is commonly known as a jackknife accident. These are often the result of improper driver training, or the truck being loaded improperly.
- Brake and equipment failures: The brakes and other equipment on tractor-trailer trucks are supposed to be inspected regularly and kept in repair so that they work properly. Many times, trucking companies do not keep their trucks in good repair to save money or because they do not want to lose income keeping a truck off the road for repairs.
No matter what type of commercial vehicle or semi-truck accident you experienced, a Charleston truck accident lawyer from The Masters Law Firm, L.C., can evaluate the potential causes of your accident, assess your potential claims, and help you hold responsible parties accountable for the damages their negligence caused. Our injury lawyers have extensive experience handling catastrophic injury cases and even wrongful death actions.
What Impact Does The FMCSA Have On A Truck Accident Case?
The Federal Motor Carrier Safety Administration (FMCSA) sets regulations to ensure the safety of commercial trucking. These regulations set rules for trucking companies and drivers that include:
- Driver hours
- Vehicle maintenance
- Cargo loading
If you’ve been in a truck accident, a violation of these regulations can have a significant impact on your case because it could indicate negligence. An experienced semi-truck accident lawyer will examine whether the trucking company or driver violated any FMCSA rules. For instance, if a driver exceeds the maximum hours of service, leading to fatigue, it might strengthen your claim. Gathering evidence like driver logs and maintenance records will help us evaluate your accident to see if any rules were broken.
What Is The Average Settlement For A Semi-Truck Accident In West Virginia?
The amount of money you may be eligible to receive from a truck accident depends on several factors. When an 18-wheeler truck and a passenger vehicle collide, it is almost always the occupants of the smaller vehicle who suffer the largest degrees of harm. Medical bills, lost wages, property damage costs, and pain and suffering are some of the most pressing losses occupants may suffer, and these losses may total tens of thousands of dollars. A victim deserves to be compensated for these losses.
Our personal injury lawyers work hard to build your claim and see to it that the liable party pays you what you are owed. Parties who may be held responsible for truck accident damages include the truck driver, the trucking company, a third-party driver, a vehicle or vehicle part manufacturer, or a shipper or loader of cargo. Sometimes, another third party, such as the party responsible for road maintenance is at fault. We will collect all evidence and open a thorough investigation to determine and prove liability.
How Can A Truck Accident Lawyer Help?
One of our primary jobs as your legal representation is to gather the evidence that’s necessary to determine negligence, causation and damages. Evidence that may be used includes:
- Police reports. Police reports can provide clues as to how an accident happened as well as who the police believe to be at fault.
- Truck driver logs: Truck driver logs can show how long a truck driver drove and when they took breaks, as well as whether or not Hours of Service regulations were breached (indicative of negligence).
- Truck “black box” data: Like driver’s logs, the black box data on a truck will tell us for how long and when a truck was on the road. Black box data can also provide other valuable information about how the truck was driven, ranging from whether or not speeding occurred to braking data and more.
- Drivers’ statements: The statements of each of the drivers involved in the crash will be critical to building a case and determining what happened.
- Truck maintenance records: If a truck wasn’t properly maintained, this could have contributed to the crash.
- Accident photos: Photos of vehicle damage, skid marks, traffic signs, and more can offer clues about how an accident occurred and whose fault caused the crash.
- Eyewitness statements: The statement of an eyewitness who saw the crash can be very valuable. Credible eyewitnesses have no reason to be biased, and their word may make or break a claim.
- Accident reconstruction data: Our legal team may hire accident reconstruction experts who can rebuild your crash from the ground up, offering insight as to its likely cause.
At The Masters Law Firm, L.C., our West Virginia truck accident lawyers are passionate about helping victims of serious accidents recover the compensation they need to pay for their past and future damages. We work hard to build your case, as well as negotiate with an insurer to reach a fair settlement. We also have extensive litigation experience, and we are not intimidated by the prospect of taking your case to court when necessary.
What Is The Legal Process For A Truck Accident Claim?
Our car accident attorneys always start with a case assessment and an initial consultation to discuss your potential claims, answer your questions and explain the process. If we move forward with a claim for your truck accident damages and injuries, we will:
- We will investigate the accident and collect evidence like police reports, witness statements and medical records.
- Next, we will file a claim against the responsible parties.
- If the insurance company offers a settlement, we will review it together to decide if it’s fair.
- If negotiations don’t lead to a satisfactory outcome, we will proceed to litigation where we will fight to prove your claims in court.
Throughout the process, we will keep you informed and answer your questions. Our goal is to make sure that you receive fair compensation for your injuries and losses. We handle all of our personal injury cases on a contingency fee basis, meaning that you won’t have to pay legal fees unless and until we win a settlement or judgment on your behalf.
Is There A Deadline For Filing A Truck Accident Lawsuit In West Virginia?
In West Virginia, you have a limited time to file a lawsuit for your truck accident claims. Generally, the statute of limitations for any personal injury lawsuit is two years, which means that a lawsuit must be filed within two years from the date of your accident. If you miss the deadline, you may lose your right to pursue compensation. If you have been involved in a truck accident, it is important to act promptly and consult with a Charleston truck accident attorney as soon as possible.
At The Masters Law Firm, L.C., our accident injury lawyers can facilitate a claim and make sure that all of your paperwork is filed correctly and on time. This allows us to preserve vital evidence and build a strong case on your behalf. Seeking prompt legal advice not only helps in meeting deadlines but also strengthens your position in seeking justice and compensation for your injuries.
The Role Of Evidence In Truck Accident Claims
Building a strong truck accident case requires substantial evidence to establish liability and document damages. A truck accident lawyer must act quickly to preserve critical evidence before it disappears or degrades. Physical evidence from the accident scene provides crucial insights into how the crash occurred. This includes:
● Vehicle damage patterns that reveal impact points and collision forces
● Skid marks indicating braking attempts and vehicle trajectories
● Road conditions that may have contributed to the accident
● Position of vehicles after the collision
Electronic evidence has become increasingly important in modern truck accident cases. Commercial trucks contain various data recording systems that can provide objective information about:
● Vehicle speed at the time of impact
● Braking patterns before the collision
● Hours the driver spent behind the wheel
● Maintenance history and mechanical issues
Our Charleston truck accident attorneys work with accident reconstruction specialists who analyze this evidence to create detailed explanations of how and why the accident occurred.
How To Deal With Insurance Companies After A Truck Accident
Navigating communications with insurance companies after a truck accident requires caution and strategic thinking. When dealing with insurance representatives, remember these important guidelines:
● Avoid giving recorded statements without legal representation
● Do not sign medical release forms that grant unlimited access to your medical history
● Never accept an initial settlement offer without consulting a truck accident attorney
● Document all communications with insurance representatives
● Do not speculate about fault or the extent of your injuries
Insurance companies often use tactics such as delaying claims, disputing injuries or pressuring victims to accept quick settlements.
Who Pays My Medical Bills After A Semi-Truck Accident?
After a truck accident, medical bills can accumulate rapidly while you wait for your case to resolve. In the immediate aftermath, your health insurance typically covers your initial medical expenses, subject to deductibles and co-pays. Personal injury protection coverage from your auto insurance may also contribute toward medical costs, depending on your policy limits. The ultimate responsibility for your medical expenses depends on who was at fault for the accident. Potentially responsible parties include:
● The truck driver if negligent behavior caused the crash
● The trucking company if improper training or maintenance contributed
● Vehicle or parts manufacturers if equipment failure played a role
● Cargo loading companies if improper loading caused the accident
While your case progresses, The Masters Law Firm, L.C., can help arrange medical liens that allow you to receive necessary treatment without upfront payment.
Why Choose The Masters Law Firm, L.C., as Your Charleston Truck Accident Lawyer?
- Extensive experience in complex truck accident cases
- Proven track record against well-funded trucking companies
- Thorough investigation and evidence-gathering capabilities
- Skilled negotiators and litigators
- Personalized attention to your case
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Don’t Face the Trucking Companies Alone – Contact Our Charleston Truck Accident Lawyers Today!
If you’ve been injured in a semi-truck accident in Charleston or anywhere in West Virginia, time is of the essence. Don’t let the trucking companies and their insurers take advantage of you. Contact The Masters Law Firm, L.C., now for a FREE consultation with an experienced Charleston truck accident lawyer.
Call 304-371-7894 or contact us online. We’re here to help you rebuild your life.
Remember, you don’t pay unless we win.
Our Office
The Masters Law Firm, L.C.
181 Summers Street
Charleston, WV 25301