Crashes involving tractor-trailers and other commercial vehicles are capable of inflicting severe, sometimes fatal, harm. When a serious truck accident occurs, the compensation in a resulting personal injury or wrongful death claim can run well into the seven figures. There has been concern that verdicts in these cases have gotten out of control, especially in regard to noneconomic damages, which address harm such as pain and suffering that does not have a quantifiable cost. In response, West Virginia law enacted a law in 2024 that sets a limit on these types of damages in truck accident claims.

Under the law, there is now a $5 million cap on noneconomic damage awards to plaintiffs in personal injury and wrongful death claims against commercial transportation providers stemming from vehicle accidents. This legislation aims to balance the interests of victims seeking compensation and the trucking industry’s need for predictability in liability exposure.

Along with pain and suffering, noneconomic damages include compensation for emotional distress and loss of companionship. Economic damages, such reimbursement for medical expenses and lost income related to the accident, are not covered under this law. Furthermore, there are several circumstances in which the cap on noneconomic damages will not be observed, such as:

  • Underinsured companies — Employers who lack at least $3 million in aggregate commercial motor vehicle insurance coverage per occurrence are disqualified from the $5 million limit. This provision compels truck owners and transportation companies to maintain adequate insurance coverage to protect victims in the event of a serious accident.

  • Overloaded vehicles — A defendant will not be able to invoke the cap if the truck’s payload exceeded the maximum gross vehicle weight rating without special permission under state or federal regulations.

  • Driver misconduct — When the truck driver in the accident was under the influence of drugs or alcohol, the damage limit is not in force. Commercial vehicle operators must adhere to a tougher legal standard than most motorists. For them, a .04 percent blood-alcohol concentration constitutes legal intoxication. Cases involving reckless and distracted driving also fall into this exception. 

This law represents a significant shift in West Virginia truck accident litigation. As experienced personal injury defense attorneys, Pullin, Fowler, Flanagan, Brown & Poe can advise your regarding how the noneconomic damage cap should affect your strategy in a personal injury or wrongful death case. We can also assess whether plaintiffs might invoke one or more exceptions to get around the new rule. Please call 304-344-0100 or contact us online to discuss your civil litigation matter in West Virginia, Kentucky or Ohio.