How Soon Should I File a Trucking Accident Claim?

December 18, 2025 | By Colombo Law

It is never too early to take legal action if you have been injured through the fault of another. This is especially true if you were hurt by a crash with a semi-truck. A trucking accident claim in Morgantown involves unique challenges, so having more time is always beneficial.

Colombo Law has decades of experience serving the victims of semi-truck crashes in Morgantown and throughout West Virginia. Our 18-wheeler accident lawyers have recovered millions of dollars in compensation for clients via settlements and trial awards.

Have you or someone you love been injured in a truck accident? Don’t wait to call Colombo Law at 304-599-4229 for a FREE case review.

What Is the Deadline for Trucking Accident Claims in Morgantown?

It is important to draw a distinction between (a) making an accident claim with an insurer and (b) filing a lawsuit. The deadline for each of these varies:

Insurance Claims After a Truck Accident

You should check your insurance policy ASAP if you are making a claim with your own insurance company for MedPay or other coverage. Some policies only give you 24 hours to notify the insurer of an accident, and most have strict deadlines for making a claim.

For third-party claims against a defendant’s insurance policy, it is best to take action as soon as possible. Waiting just gives the insurer more time to prepare a defense, plus they may view a delay as a sign that your injuries aren’t that serious. Ideally, you should have a skilled attorney deal with the insurer on your behalf.

Filing a Truck Accident Lawsuit

In Morgantown and all of West Virginia, personal injury claims are subject to a deadline known as the statute of limitations. This is the maximum amount of time you have to file a lawsuit for injuries sustained in an accident.

Per West Virginia Code § 55-2-12, you have 2 years from the date of the crash to file a truck accident lawsuit. The court will likely dismiss the case if you file suit after the statute of limitations expires, depriving you of compensation for your injuries.

Time Is of the Essence in Morgantown Trucking Accident Claims

Preparing a strong case takes time after a semi-truck accident. That is why it is critical to get started sooner rather than later with key steps such as:

Getting Medical Attention

Serious and catastrophic injuries are common when a smaller vehicle is struck by a big rig. Victims should be taken to a local emergency room with advanced treatment capabilities, such as the WVU Critical Care and Trauma Institute.

Prompt medical attention is also essential for documenting your injuries. It may take time for the full ramifications of a serious injury to be apparent, in which case it is important to hold off on making a claim, but having comprehensive medical records is highly beneficial for evaluating your losses in a truck accident case.

Collecting Evidence

Whether you’re making a third-party insurance claim or filing a lawsuit, you will need strong evidence. This starts at the scene of the accident. If possible, you should try to collect the following:

• Photos of the truck, your vehicle, road conditions, and any injuries
• Statements from eyewitnesses
• The truck driver’s name, contact information, employer, and insurance coverage
• License plate number, logos, and DOT number for the truck
• Video of the accident scene
• The police report number and the officer’s name, badge number, and precinct; this will help with obtaining a copy of the crash report

You should also make note of any cameras in the vicinity that may have caught the crash. Video surveillance footage can provide powerful support for your claim, but it is vital to request the footage before it is erased or overwritten.

Additional evidence that may help to prove fault includes the truck driver’s employment records, maintenance records for the truck, and black box data. These records are held by the trucking company, and they won’t be around forever. A Morgantown truck accident lawyer can act quickly to secure crucial evidence from third parties.

Exercising Your Legal Rights

In most cases, a trucking accident claim in Morgantown begins with requests for compensation from the insurance companies. This may involve making a claim with your own insurance carrier as well as the truck driver’s insurance. You may also have claims against a trucking company and other defendants.

Accidents with commercial trucks often result in significant damages. They also tend to involve multiple defendants, which means multiple insurance companies will likely be involved. Both of these factors may make it difficult to obtain a fair settlement.

If your case doesn’t settle, filing a lawsuit may be the only way forward. As mentioned above, the deadline for truck accident lawsuits in West Virginia is 2 years. You must submit a complaint with the appropriate court (such as the Circuit Court in Monongalia County) before the statute of limitations ends.

Lawyers well-versed in trucking accident claims can determine if a settlement is likely and negotiate with the insurers on your behalf. They can also advise you when it may be necessary to file a lawsuit if negotiations reach a standstill.

Why You Should Hire a Morgantown Truck Accident Attorney ASAP

The urgency of seeking legal advice after an 18-wheeler wreck cannot be overstated. Consulting a lawyer early in the process gives your claim the best chance of success. Given plenty of time to work with, your attorney can:

• Perform an intensive investigation of the accident
• Gather and preserve evidence of negligence
• Request time-sensitive records and evidence from the trucking company
• Identify all of the defendants in your case
• Assess the severity and long-term effects of your injuries
• Calculate your damages with the help of expert witnesses
• Begin settlement negotiations with insurers
• File a lawsuit and initiate court proceedings as needed
• Prepare your case for trial

An attorney can provide you with timely assistance and guidance. This allows you and your family to focus on what’s most important: recovering from the accident and trying to get on with your life.

Contact Colombo Law Today

Truck accident litigation is a major focus of our practice at Colombo Law. We handle every aspect of your trucking accident claim in Morgantown. Our attorneys begin trial preparation on day one. This ensures that evidence is collected promptly, your legal rights are fully preserved, and our team can pursue all avenues for obtaining the compensation you are due.

For a FREE case review, call us in Morgantown or fill out our convenient online form. With our No Fee Promise, you don’t pay anything upfront and are only responsible for legal fees if your claim is resolved successfully.