West Virginia has 549 miles of interstate and 37,277 miles of public roads. Commercial truck drivers from all over the country use these roads. Unfortunately, every year approximately 5,000 trucks are involved in fatal collisions.  Over half of West Virginia’s truck collisions involve carriers who operate out of state, so filing an accident claim becomes more difficult. Because the company is out of state, people may assume they will be unable to act or hold the company responsible for their negligence. However, this is not true. Companies that own commercial trucks are responsible for their fleet as well as their drivers. Due to commercial vehicles’ size, truck owners must carry insurance policies with much higher limits than the standard auto insurance policy.

When Can You Hold Out-Of-State Trucking Companies Liable?

Respondeat superior, or more commonly known as vicarious liability, is the legal doctrine that allows an employer to be held liable for the actions of its employees – if the action is committed while on the job. This means that trucking companies are liable for their employee’s negligent actions such as speeding, reckless driving, drunk driving, and driving with improperly secured cargo. Trucking companies can also be liable for their own negligence. Common reasons why companies are liable include:

  • Inadequate Hiring
  • Inadequate Training
  • Violating Hours of Service Rules
  • Poorly Inspecting and Maintaining Trucks

Determining Fault in a Trucking Accident

Determining who was at-fault in a trucking accident can be difficult. However, there are multiple ways to collect appropriate evidence to determine the at-fault party. When a truck has been in an accident, tests are administered to determine whether the driver was under the influence of alcohol or controlled substances. The drivers cell phone records may also be reviewed. This is because FMCSA regulations ban truck drivers from texting and other forms of hand-held phone use while driving. Additional forms of evidence can include:

  • The Truck’s GPS Data Recorder
  • Onboard Camera Footage
  • Bills of Landing
  • Tollbooth Receipts
  • Company Maintenance Records
  • Hiring and Training Records
  • Background Checks

Proving a trucking company’s liability in West Virginia is no easy task. Therefore, a truck accident victim must seek the help of a knowledgeable attorney as soon as possible. Trucking companies only maintain certain records for a limited amount of time. Call us at West Virginia truck accident promptly to ensure all the necessary records can be obtained before the company alters, loses, or destroys them.

Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.


  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.


  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!


  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!


  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!


  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.


  • Great lawyers. They helped me with a West Virginia case.


  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!


  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.


  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.


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