What to do to file a claim after a truck crash that caused your injuries

Disclaimer: I am not a lawyer. This information is educational only and is not legal advice. For advice about your situation, contact a qualified West Virginia attorney.

Short answer

If a truck hit you and you were injured, immediately get medical care, document the crash and your injuries, report the collision to police, preserve evidence, notify your insurance company, and consider contacting a personal injury attorney. If you intend to sue, be aware West Virginia limits most personal injury lawsuits to a two-year time period from the date of the injury. See W. Va. Code § 55-2-12 for the statute of limitations: https://code.wvlegislature.gov/55-2-12/.

Detailed answer — step-by-step guidance under West Virginia law

1. Immediate actions at the scene

• Call 911. Report injuries so emergency medical services and police respond.
• Get medical attention right away. Even if you think injuries are minor, some crash injuries appear later. Immediate records establish a causal link between the crash and your injuries.
• Stay safe. Move to a safe location, but do not alter the scene more than necessary unless directed by police or to avoid further harm.

2. Collect and preserve evidence

• Take photos and video of the crash scene, vehicle damage, skid marks, traffic signs, and any visible injuries.
• Get the truck driver’s name, license plate, company name, commercial USDOT number (often on the truck’s door), and insurance information.
• Gather witness names and contact details. Ask witnesses for permission to record brief statements or capture their notes.
• Keep clothing, shoes, and any items damaged in the crash in the condition they were in. They can be important evidence.

3. Obtain official records

• Ask for a copy of the police or state police crash report. This record typically lists parties, preliminary fault findings, and officer observations.
• Request medical records and bills from every medical provider who treats you.
• Keep pay stubs, tax records, and employer notes to document lost income.

4. Notify insurers

• Tell your auto insurer about the crash as soon as possible. If the truck driver was uninsured or underinsured, your uninsured/underinsured motorist (UM/UIM) coverage may apply.
• Insurance companies will investigate. Give accurate basic facts, but avoid detailed recorded statements or admissions of fault before you understand the full scope of your injuries and liability.

5. Who can be responsible in a truck crash?

Possible defendants include the truck driver, the trucking company (employer), the vehicle owner, lessors, cargo loaders, maintenance or repair shops, and parts manufacturers. West Virginia law allows you to pursue anyone whose negligence caused your injuries. Commercial trucking often involves higher insurance limits and different insurance policies than passenger cars.

6. Time limits — statute of limitations

Most personal injury claims in West Virginia must be filed within two years of the date of injury. That deadline comes from the West Virginia Code governing actions: W. Va. Code § 55-2-12. If you miss the deadline, a court will likely dismiss your lawsuit. Certain exceptions or tolling rules can apply in limited circumstances; discuss timing with an attorney promptly.

7. Building a strong claim in truck cases

Truck cases often require more investigation than ordinary car crashes. Typical evidence and steps include:

• Examining truck logs, electronic logging device (ELD) data, and driver hours-of-service records to check fatigue or log falsification.
• Reviewing maintenance records, inspection reports, and vehicle repair history for mechanical defects.
• Asking for the trucking company’s insurance declarations and the truck’s commercial liability policy limits.
• Hiring accident reconstruction and medical experts if needed to prove how the crash occurred and the extent of your injuries.

8. Settling vs. filing a lawsuit

Many claims resolve by settlement with the insurer. Before you accept any settlement offer, ensure it fairly covers current and reasonably anticipated future medical costs, lost wages, pain and suffering, and other losses. If negotiations fail, you may file a lawsuit before the statute of limitations runs. An attorney can advise when to accept a settlement and when to litigate.

9. Hiring an attorney

Consider hiring an attorney experienced with commercial truck cases. Trucking defendants often have teams of lawyers and significant insurance resources. A lawyer can coordinate investigations, preserve evidence (e.g., ELD data that may be deleted), and pursue claims against multiple parties.

10. What damages you can seek

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Property damage
• Pain, suffering, and emotional distress
• In catastrophic cases, long-term care, disability, and scarring

Helpful hints — quick checklist and tips

• Medical care first: Get evaluated even for minor symptoms (headaches, neck pain, numbness).
• Get the crash report number and officer name. You will need these to order the official report.
• Photograph everything at the scene and save those files in multiple locations.
• Write down everything you remember about the crash as soon as you can — fresh details are valuable.
• Do not sign medical liens or settlement offers without understanding the long-term costs of your injuries.
• Preserve electronic evidence: dashcam footage, phone photos, text messages, ELD logs, and social media posts.
• Keep a daily pain and treatment journal: note symptoms, medications, therapy, and how the injury affects work and daily life.
• Ask potential attorneys about contingency fees, who pays case expenses, and how they handle commercial trucking investigations.
• Act promptly. Evidence can be lost and legal deadlines apply.

Where to get more information

Search the West Virginia Code for statutes referenced above at the West Virginia Legislature’s code site: https://code.wvlegislature.gov/. For questions about timing of lawsuits, see the statute of limitations for personal actions: W. Va. Code § 55-2-12.

If you want help finding a local attorney experienced in truck crash injury claims, consider contacting your county bar association or asking for referrals from other trusted legal sources. An initial consultation with an attorney can clarify options and deadlines specific to your facts.

Remember: this page provides general information, not legal advice. Talk to a licensed West Virginia attorney about your case.