Can You Still Recover Compensation If You Were Partly At Fault for an 18-Wheeler Accident in West Virginia?
October 1, 2026 | By Colombo Law
You may be able to recover compensation if you were partially at fault for a truck accident in West Virginia. Several different factors can affect your claim, including the state’s comparative negligence law.
The Morgantown 18-wheeler accident lawyers at Colombo Law can thoroughly investigate the crash to identify who was at fault. We can also evaluate what effect a finding of partial fault may have on your claim. In some cases, it may be possible to challenge efforts to blame you and pursue maximum recovery for your injuries.
Fault can be a complex issue in truck accident claims. Learn how Colombo Law can help you protect your rights by calling 304-599-4229 today.
How Does Comparative Negligence Work in West Virginia?
West Virginia has a modified comparative fault law. It allows accident victims to recover damages as long as their share of fault does not exceed the combined fault of all other parties responsible for their injuries.
Basically, you may be entitled to recover compensation if you are no more than 50% at fault. If your share of fault is 51% or more, you will not be able to recover compensation (see West Virginia Code § 55-7-13c).
If your responsibility for the accident is 50% or less, any damages will be reduced according to your percentage of blame. For example, if you sustain $100,000 in damages and you are found to be 10% at fault, the maximum compensation you may be able to recover is $90,000.
For additional information, read Colombo Law’s analysis of how comparative negligence works in West Virginia. We can discuss what this means for your situation at a free case evaluation.
Can More Than One Party Share Fault for a Truck Accident?
Multiple parties may be held liable for truck accidents in West Virginia. In fact, many collisions involving commercial trucks are the result of negligence on the part of more than one person, company, or entity.
Liable parties in a truck accident claim may include:
- Truck drivers who were speeding, distracted, fatigued, or otherwise negligent
- Commercial trucking companies that fail to hire qualified drivers, disregard safety regulations, or engage in other negligent practices
- Maintenance contractors that fail to inspect for problems or perform necessary repairs
- Cargo loaders that fail to secure freight or overload trucks
- Vehicle and component manufacturers that design and make defective parts
Fault may not be limited to the parties responsible for the truck and its operation. Motorists may also contribute to a crash due to speeding, inattention, and other negligent actions.
When victims are partially at fault for truck accidents in West Virginia, their right to compensation is subject to the comparative negligence statute discussed above. This may limit the damages that can be recovered, or the claim may be barred if their share of fault is 51% or higher.
How Is Fault Determined After a West Virginia Truck Accident?
Determining fault after a truck accident requires a comprehensive investigation and review of the evidence. This often includes:
- Photographs of the accident scene
- Witness statements
- Accounts from the parties involved
- Police crash reports
- Video footage of the accident
- Forensic inspection of damaged vehicles
- Electronic data from the truck’s black box
- Accident reconstruction
- Testimony from expert witnesses
Multiple parties may investigate the crash, including attorneys for the victims, legal teams for trucking companies and other defendants, and law enforcement. Unfortunately, it is not uncommon for different interpretations and disputes over who was at fault to emerge.
Our guide to the role of evidence in establishing liability for a truck accident shows what is involved in a strong claim. However, it is important to remember that trucking companies and other parties may have access to the same information. They can use this evidence to prepare a strong defense and potentially argue that you were wholly or partly responsible.
The evidence may be used during settlement negotiations to determine each party’s share of fault. If the parties cannot agree and the case goes to trial, the court will determine each party’s percentage of fault.
Situations Where You May Be Partially at Fault
All motorists are responsible for exercising reasonable caution and obeying the rules of the road. In truck accident claims, it’s not uncommon for the driver of the truck and one or more motorists in other vehicles to contribute to the crash.
Potential situations where you may be partially at fault for a truck accident in West Virginia include:
- Speeding: Excess speed is one of the leading causes of truck accidents. Fault may be shared if both you and the truck driver were going over the speed limit or driving too fast for conditions.
- Distracted driving: Cell phone use and other distractions have reached epidemic status among drivers of all kinds. West Virginia’s hands-free law is designed to curb talking and texting while driving. Violations may be taken into account when determining civil liability for an accident.
- Following too closely: Semi-trucks have large blind spots to the rear. If you follow an 18-wheeler too closely and collide with the back of the truck, you may face allegations that your following distance contributed to the accident.
- Unsafe lane changes: It is also important for drivers to be aware of blind spots on the front and sides of the truck. Unsafe lane changes into a truck’s “no zones” or when the truck has the right of way can result in a collision for which you may be blamed.
- Failure to yield: Commercial trucks have the same rights at stop signs, red lights, and in other situations. If the truck has the right of way and you ignore it, you may be fully or partly at fault for the accident.
These are only some of the situations where both drivers may share responsibility for a crash. Even if you believe you contributed to the accident, that does not necessarily mean you have lost your right to compensation or your ability to sue after being hit by a semi-truck.
Why Every Percentage of Fault Matters in a West Virginia Truck Accident Claim
Your percentage of fault can play a major role in the compensation you are able to recover for an 18-wheeler accident. For example, being 50% vs. 51% at fault for the accident is huge in West Virginia because it means the difference between recovering half of your damages and being entitled to no recovery at all.
Catastrophic injuries are common in truck accidents, and they can lead to substantial economic and non-economic losses. As such, even a modest percentage reduction can represent a significant amount of money.
Trucking companies and insurers know this. It gives them a financial incentive to argue that you share a greater portion of the blame.
An experienced Morgantown truck accident lawyer can calculate the full value of damages in your claim. They can also anticipate and respond to arguments that you share fault for the crash, which may be essential for protecting your right to compensation in settlement negotiations and, potentially, at trial.
What If the Trucking Company Blames You for the Accident?
Trucking companies and their insurers often begin investigating serious accidents immediately. Many have investigators and legal teams tasked with anticipating and defending against potential claims. Blaming the victim is a common defense tactic in 18-wheeler accident claims.
If the trucking company says that you are partly or entirely at fault for the collision, you should speak to an attorney as soon as possible. An allegation of fault by the trucking company is not necessarily the final word. Skilled truck accident lawyers can collect and analyze evidence to challenge inaccurate or exaggerated claims about your share of fault.
Colombo Law knows how trucking companies handle accident claims. Learn how we can help.
How Can a Truck Accident Lawyer Help If You May Be Partially at Fault?
Experienced legal representation is crucial for overcoming allegations of fault and securing a fair settlement or trial award. A knowledgeable attorney can help with all aspects of your claim, including:
- Investigating the collision: The focus of the investigation is to determine the sequence of events that led up to the crash. Establishing how the crash occurred is essential for evaluating each party’s responsibility.
- Preserving and obtaining truck-specific evidence: 18-wheeler accident claims often involve specialized evidence beyond what’s present at the scene. Your lawyer can obtain evidence from the trucking company and other parties.
- Identifying all responsible parties: A thorough review of the evidence enables your attorney to identify all of the parties who contributed to the crash. This is also important for recognizing potential challenges centered around partial fault.
- Assessing evidence of each party’s responsibility: Your lawyer can determine how each party’s actions contributed to the crash and assess their potential share of fault. This can be especially important when the trucking company argues that you bear a greater share of responsibility.
- Challenging unsupported allegations of fault: If the trucking company or another party tries to argue that you were at fault, your lawyer may be able to present evidence to refute their claims. This scenario often arises during settlement negotiations.
- Pursuing the recovery available under West Virginia law: If you are partially at fault for a truck accident in West Virginia, your damages may be reduced according to your share of responsibility. An attorney can pursue the compensation you are entitled to under the law and push back against efforts to put more of the blame on you.
Talk to a Morgantown Truck Accident Lawyer About Your Claim
Being injured in a semi-truck accident is a traumatic experience. Many victims are caught off guard when a trucking company or insurer states that their actions contributed to the crash. Until you speak with an attorney, it can be difficult to know where fault lies and what effect that might have on a potential legal claim.
Colombo Law has been representing clients in 18-wheeler accident claims for more than 25 years. We know how defendants try to avoid liability, which is why we investigate immediately and thoroughly prepare each claim. If the case goes to trial, we will be prepared to fight for maximum compensation on your behalf.
For a FREE case evaluation, call Colombo Law at 304-599-4229 today. Our truck accident lawyers serve clients throughout West Virginia from offices in Morgantown.
