Is There a Cap on Damages in West Virginia Truck Accidents?

August 1, 2025 | By Colombo Law

For many years, no cap was placed on West Virginia truck accident damages. This meant that the victims of trucking accidents could pursue dollar-for-dollar compensation for the injuries and losses they sustained. New legislation has introduced significant changes in the compensation that may be recovered for a truck accident in West Virginia.

Colombo Law is West Virginia’s leading truck accident law firm. We are well-versed in the laws that govern trucking operations, as well as claims for damages. Our team remains committed to achieving maximum compensation for our clients.

Wondering what the West Virginia truck accident damages cap means for your claim? Call Colombo Law at 304-599-4229 today for a FREE case review. We have multiple offices in Morgantown serving the entire state.

What Types of Damages Can West Virginians Recover for a Truck Accident?

There are three categories of damages in truck accident claims. You may be entitled to the following if you are injured by a commercial truck:

Economic Damages

Injuries from a truck accident are often catastrophic. You may require expensive medical treatment, as well as ongoing care and support. People who are injured by an 18-wheeler are often unable to return to work or resume all of the work-related duties they had prior to the accident. Economic damages may be available for all of these losses, including:

• All medical bills to date
• Future medical expenses
• Lost wages, past and present
• Reduced income or loss of earning capacity
• Damage to your vehicle and other property
• Out-of-pocket expenses for medical equipment, household services, etc.

Non-Economic Damages

Economic damages are relatively easy to calculate because they tend to have clear dollar values. However, the losses from a truck accident are rarely limited to the financial. You may also suffer severe physical, emotional, and psychological effects. Common examples of non-economic damages that may be available following a truck accident include:

• Physical pain and emotional suffering
• Permanent disability
• Scarring and disfigurement
• Loss of enjoyment of life
• Loss of society, companionship, and consortium

Read More: How to Calculate a Pain and Suffering Settlement

Punitive Damages

Sometimes the conduct of a defendant is so egregious that the courts in West Virginia allow a plaintiff to seek additional compensation. Punitive damages are only available in certain circumstances:

“An award of punitive damages may only occur in a civil action against a defendant if a plaintiff establishes by clear and convincing evidence that the damages suffered were the result of the conduct that was carried out by the defendant with actual malice toward the plaintiff or a conscious, reckless and outrageous indifference to the health, safety and welfare of others.”

– West Virginia Code § 55-7-29

In West Virginia, punitive damages are capped at whichever of the following is greater:

• $500,000
  OR
• Four times the value of compensatory damages (i.e., economic and non-economic losses)

A proven Morgantown truck accident lawyer can navigate the procedures for claiming punitive damages. Most truck accident cases don’t go to trial but, if yours does, qualified legal representation is essential for recovering all of the damages you deserve.

West Virginia’s New Cap on Non-Economic Damages in Truck Accident Claims

Last year, the West Virginia Legislature passed S.B. 583 and Gov. Jim Justice signed it into law. Effective July 1, 2024, West Virginia caps non-economic damages in accident claims involving commercial motor vehicles. This includes tractor trucks, semi-trailers, tractor-trailers, and pole trailers.

S.B. 583 creates a new statute (West Virginia Code § 55-7-32) that sets a cap of $5 million in non-economic damages against employer defendants in commercial trucking accident claims. An employer defendant is defined as:

• The owner-operator of a commercial truck
• A trucking company
• Third-party owners or lessees of a commercial vehicle

Employer defendants must carry a minimum of $3 million in commercial motor vehicle insurance for the damages cap to apply. Plaintiffs may be awarded non-economic damages in excess of the $5 million cap if the accident involved any of the following on the part of a truck driver:

• Driving with a blood alcohol content of 0.04 (the legal limit for commercial drivers) or higher
• Violations of the state’s implied consent requirements for commercial drivers (see West Virginia Code § 17E-1-15)
• Driving a commercial vehicle under the influence of a controlled substance
• Violations of state or federal hours of service rules
• “Willful or wanton disregard for the safety of persons or property”
• Operating an overloaded truck
• Distracting driving

Bottom line: West Virginia truck accident damages for non-economic loss against employer defendants are now generally capped at $5 million. This amount will be adjusted for inflation yearly starting in 2026. Economic damages in West Virginia truck accident claims continue to be uncapped, meaning plaintiffs may be compensated for all of their financial losses. Furthermore, claims against non-employer defendants (such as the manufacturer of a defective truck component) are not subject to the non-economic damages cap, either.

Importantly, the new damages cap only applies to claims filed after July 1, 2024. Plaintiffs who filed a claim before the new law’s effective date may still recover full non-economic damages for personal injury or wrongful death in a truck accident.

How Colombo Law Can Help After a Truck Accident

The trucking industry has long been pushing for crackdowns on so-called “frivolous” lawsuits and nuclear verdicts arising from truck accidents. Unsurprisingly, organizations like the American Trucking Associations have praised the passage of S.B. 583, arguing that it will lead to fairer outcomes in accident claims. In reality, this law favors defendants. Plaintiffs who have suffered life-altering injuries or lost someone they love in a truck accident may be unable to obtain the full compensation they deserve.

At Colombo Law, we aggressively advocate for the rights of our clients. Our experience, knowledge, and access to expert witnesses make it possible for us to perform thorough investigations. We are often able to secure evidence of serious errors and violations, enabling our Morgantown truck accident lawyers to pursue maximum compensation on our clients’ behalf.

We have achieved millions of dollars for clients in settlements and a trial. Most of the cases we handle are settled out of court, but our unique emphasis on trial preparation ensures that we are ready to represent you in court if the situation demands it.

Contact a Truck Accident Lawyer in Morgantown Today

The losses from an 18-wheeler crash can easily enter the millions of dollars when you factor in the cost of medical care, loss of income, pain and suffering, disability, and more. You need a law firm that understands West Virginia truck accident damages and takes steps to protect your legal rights.

Discuss your case with a knowledgeable truck accident attorney for FREE. Contact Colombo Law to learn what compensation may be available and how our lawyers can help you get the optimal outcome.