How Do I File a Claim Against a Trucking Company?
July 7, 2025 | By Colombo Law
In West Virginia, more than 10% of all fatal accidents involve large trucks. These statistics do not account for crashes resulting in serious injury. If you were injured in a truck accident, you may be able to bring a claim against the driver. You may also have a trucking company accident claim.
Suing a trucking company is not easy, especially if the carrier is a large corporation. A trucking accident lawyer in Morgantown can help you pursue justice and fair compensation from all defendants.
Call Colombo Law at 304-599-4229 today for a FREE case review. Our lawyers have more than 40 years of combined experience representing clients in trucking company accident claims.
When Are Trucking Companies Liable for Accidents?
Trucking companies are often found liable for 18-wheeler collisions due to the legal principle of vicarious liability. If the truck driver was an employee of the trucking company, and the driver caused the accident in the course of their normal duties, then the employer may be held liable for the negligence of the driver.
A trucking company may also be liable for tractor-trailer accidents caused by their own negligence. Potential examples of trucking company negligence include improper hiring practices, failure to train drivers, negligent servicing of trucks, and ignoring safety regulations.
Timely investigation can help identify all defendants in a truck accident claim. Negligence on the part of a trucking company is not always immediately obvious, requiring skillful review of the carrier’s records. This is part of what makes truck accident litigation so complicated, but the extra time and effort is worthwhile if it means recovering additional compensation.
How a Trucking Company Accident Claim Works
It is natural to feel overwhelmed after a crash with a big rig truck. The thought of taking legal action is probably not at the top of your list. Fortunately, you don’t have to face the situation on your own. To make a successful trucking company accident claim, we recommend you take the following steps:
Hire a Truck Accident Lawyer
If you have been seriously hurt by a semi-truck, you need to focus on recovering from your injuries. A capable trucking accident attorney can navigate the complexities of your case, giving you peace of mind.
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Investigating the Crash
When you hire a trucking accident lawyer, they conduct an in-depth investigation. This includes gathering evidence such as:
- Photos of the accident scene
- Video footage of the crash (if available)
- Witness statements
- Copies of the accident report
- Identifying information for the driver, trucking company, and other parties
- Details of all parties’ insurance coverage
- Medical records documenting your injuries
- The truck’s black box, which contains valuable electronic data
- Service and repair records for the truck and trailer
- Trucking company records, including employee files, licensing information, inspection reports, etc.
The ultimate goal of the investigation is to determine the cause of the truck accident. Once the cause is established, your attorney can identify all of the liable parties in your claim. This may include the truck driver, the trucking company, and others.
Calculating Damages
Damages are the compensable losses you suffer as a result of the collision. Truck accident victims often face substantial financial damages, physical impairment, and psychological difficulties as a result of the severe injuries involved. Your legal team can determine the totality of your losses and the overall value of your claim. Potential compensation in your case may include:
- Medical bills
- Future and ongoing medical expenses
- The value of lost wages
- Loss of earning capacity
- Pain and suffering
- Disfigurement
- Permanent disability
- Loss of companionship and consortium
Filing Insurance Claims
The defendants in a truck accident case may be represented by different insurance companies. Experienced 18-wheeler crash attorneys will file claims with all insurers and handle settlement negotiations on your behalf. In most (but not all) cases, trucking accident claims are settled without having to go to court.
If the truck driver is an employee of the trucking company, they may be covered by their employer’s insurance policy. Owner-operators and independent contractors likely have their own insurance. Skilled attorneys will assess all available insurance coverage and file the claims for you. They can also stand firm in negotiations if any insurers try to pay less than you deserve.
Filing a Lawsuit
You might need to file a truck accident lawsuit if liability for the accident is disputed or if the insurance company refuses to compensate you fairly. Another possible scenario: Your damages exceed the truck driver or company’s insurance coverage, in which case litigation may be the only option to recover additional compensation for your injuries.
To initiate a lawsuit, a complaint must be filed with the proper court. If you are injured in a collision with a tractor-trailer in Morgantown, for example, you would likely file a trucking company accident claim in Monongalia County Circuit Court. Your lawyer can prepare the complaint and ensure that it is filed with the court correctly.
Trial Preparation
Preparing for trial is a time-consuming, expensive, and laborious process. Fortunately, a capable lawyer can handle all aspects of preparing your claim for trial. With Colombo Law’s No Fee Promise, we take on all of the costs upfront; if we win your case at trial, you are only responsible for a percentage of the recovery.
Trucking accident litigation involves numerous steps, including discovery (where the parties trade information and request evidence), pre-trial motions, and more. Settlement negotiations may also resume, providing an additional opportunity to avoid trial and obtain a favorable outcome.
Read More: Do Semi-Truck Accidents Go to Trial?
Going to Trial
Very few truck accident claims actually end up proceeding to trial. If yours does, qualified legal representation is absolutely critical.
Attorneys for the trucking company and other defendants will be prepared to present a strong case at trial. Their goal is to avoid liability for the accident, potentially by blaming you or someone else. It falls upon your lawyer to show that fault lies with the defendants and persuade the court to award you compensation.
How Long After an Accident Can You Make a Claim?
All lawsuits must be filed within certain time limits known as the statute of limitations. In West Virginia, the statute of limitations for suing a trucking company or other party after a truck accident is 2 years from the date of the crash.
Delays can result in your claim being barred by the court, as well as the loss of pivotal evidence. You should contact a trucking accident attorney as soon as possible to protect your legal rights.
Contact Colombo Law for FREE Today
The role of a trucking company in causing an accident with an 18-wheeler cannot be overlooked. We have investigated many crashes where truck drivers were not properly licensed, where carriers failed to put safety procedures in place, and where other negligent practices led to a wreck.
At Colombo Law, our extensive experience with trucking company accident claims means we know how to hold carriers accountable. We prepare every case as though it will go to trial, an approach that enables us to represent you effectively through settlement negotiations, litigation, and in court if needed.
Hurt by a Truck?™ Call Colombo Law at 304-599-4229 today for a FREE consultation. Our legal team in Morgantown is committed to pursuing maximum compensation for injuries or the loss of a loved one in truck accidents throughout West Virginia.
