What Happened
The interchange where Interstates 64 and 77 split in downtown Charleston has become the site of a disturbing pattern of serious wrecks. According to reporting by WSAZ, since May 2025 the area has seen at least six crashes and eight fatalities, with several of them involving vehicles leaving elevated sections of the roadway and falling to the ground below.
The incidents reportedly include a fatal van crash near the Elk River in the spring of 2025, additional wrecks over the summer, a quadruple-fatal crash on August 21 in which a vehicle allegedly went over a barrier on I-77, and most recently, an October 16 crash in which a vehicle again reportedly left the I-77 overpass, killing two people.
Local police have said it is too early to pinpoint what caused the most recent wreck, but noted that past fatal crashes at the interchange have involved common contributors such as excessive speed, impairment, or distracted driving. The West Virginia Department of Highways has announced plans to apply a high-friction surface treatment to several elevated portions of the interstate, with work reportedly set to begin within weeks.
For families who have lost loved ones — or for injured survivors — the natural question is: who is responsible, and what can be done?
Who May Be Liable
In a serious highway crash, liability is rarely limited to a single party. Depending on what the investigation ultimately shows, the parties who could be liable may include:
- The at-fault driver. If a motorist was allegedly speeding, impaired, distracted, or driving too fast for conditions, that driver (and their auto insurer) may be liable to anyone injured, as well as to the estates of those killed.
- An employer. If the at-fault driver was operating a commercial vehicle, delivery van, or work truck in the course of employment, the employer may be liable under theories of vicarious liability or negligent hiring, training, or supervision.
- A trucking or transportation company. Interchanges like the I-64/I-77 split carry heavy commercial traffic. A motor carrier may be liable if company policies, driver fatigue, or improper maintenance contributed to the wreck.
- A vehicle or component manufacturer. If brakes, tires, steering, or restraint systems failed, a manufacturer could be liable under product liability law.
- Contractors or engineering firms. If a design, construction, or maintenance contractor negligently performed work on the roadway, barriers, or signage, that contractor may be liable.
- Government entities. Claims against the West Virginia Department of Highways or other public bodies are possible in limited circumstances, but they involve special rules, shortened deadlines, and immunity defenses that must be navigated carefully.
Until the investigations are complete, every one of these possibilities should be treated as potential rather than proven.
Legal Theories That May Apply
Several overlapping legal theories could apply to crashes like these:
- Negligence. The foundation of most car crash cases: a driver owed a duty of reasonable care, breached it, and caused harm.
- Negligence per se. When a driver allegedly violated a safety statute — such as speeding, DUI, or texting laws — that violation may serve as proof of breach.
- Wrongful death. Under West Virginia Code §55-7-5 and §55-7-6, the personal representative of someone killed by another’s wrongful act may bring a claim on behalf of surviving family members.
- Survival actions. Separate claims may exist for the pain, suffering, and expenses the decedent experienced before death.
- Vicarious liability / respondeat superior. Employers may be responsible for the on-the-job conduct of their employees.
- Product liability. If a defective vehicle component contributed to a crash, strict liability, design defect, or failure-to-warn claims may apply.
- Dram shop and social host theories. In limited circumstances, those who served alcohol to a visibly intoxicated driver may share responsibility.
- Claims against government actors. Claims involving roadway design or maintenance face statutory immunity doctrines but are not always barred.
Damages Victims May Recover
West Virginia law allows injured people and surviving families to pursue a range of damages, which may include:
- Past and future medical expenses, including emergency care, surgery, rehabilitation, and long-term care
- Lost wages and loss of future earning capacity
- Physical pain and emotional suffering
- Permanent disability, disfigurement, or scarring
- Loss of consortium for spouses and, in appropriate cases, close family relationships
- In wrongful death claims, compensation for sorrow, mental anguish, loss of companionship, loss of guidance, and reasonable funeral and burial expenses
- Punitive damages, where the at-fault party’s conduct is proven to be reckless, willful, or malicious — for example, in cases of alleged drunk driving
West Virginia follows a modified comparative fault rule: an injured person may recover damages so long as they are not more than 50% at fault, with recovery reduced by their percentage of fault.
Evidence That Strengthens a Case
Highway crashes often rise or fall on evidence that disappears quickly. Materials that may prove critical include:
- The official crash report and supplemental investigation documents
- 911 recordings and dispatch logs
- Scene photographs, drone footage, and measurements
- Dashcam footage from the vehicles involved and from nearby motorists
- Nearby business, traffic, or DOT camera footage
- Event data recorder (“black box”) data from the vehicles
- Cell phone records to evaluate possible distracted-driving claims
- Toxicology results where impairment is suspected
- Commercial vehicle logs, GPS data, maintenance records, and driver qualification files
- Roadway design records, barrier specifications, and prior complaints or crash history at the interchange
- Independent accident reconstruction and biomechanical expert reports
- Medical records documenting injuries, treatment, and prognosis
- Witness statements collected while memories are fresh
Much of this evidence can be lost within days or weeks. A letter from an attorney demanding that it be preserved — known as a spoliation letter — is often one of the most important early steps.
What to Do Next
If you or a family member was involved in a crash at the I-64/I-77 split, or any similar wreck in West Virginia, there are practical steps worth taking right away:
- Get medical care and follow through. Some injuries, including internal and brain injuries, do not fully present for days. Consistent treatment also documents the harm.
- Preserve the vehicle. Do not let your insurer scrap or repair a vehicle before it can be inspected and its data downloaded.
- Write down what you remember. Document the sequence of events, road conditions, weather, and anything the other driver said or did.
- Save everything. Photos, text messages, bills, work absences, and names of witnesses can all matter.
- Be cautious with insurance adjusters. You are generally not required to give a recorded statement to another driver’s insurer, and early statements can be used against you.
- Watch the clock. West Virginia’s general statute of limitations for personal injury and wrongful death is two years, but claims involving government entities may require notice within a much shorter window.
- Talk to a lawyer before signing anything. Early settlement offers rarely reflect the full value of a serious injury or wrongful death claim.
If you or a loved one has been harmed by negligence or wrongdoing in West Virginia, contact New Law Office in Beckley for a free, confidential consultation. We work on contingency — you pay nothing unless we win your case. Call (304) 355-5565 or visit newlawoffice.com.
Frequently Asked Questions
Q: Can I sue if my loved one died in a crash at the I-64/I-77 split in Charleston?
A: In most cases, the personal representative of the estate may bring a wrongful death claim on behalf of eligible surviving family members. If another driver was allegedly speeding, impaired, or distracted, that driver and their insurer may be liable. An attorney can review the facts and help you understand what claims may apply.
Q: How long do I have to file a wrongful death or injury claim in West Virginia?
A: West Virginia generally allows two years from the date of injury or death to file a personal injury or wrongful death lawsuit. Claims involving public entities, such as the Department of Highways, can carry much shorter notice deadlines. Missing a deadline can permanently bar a claim, so acting quickly matters.
Q: What if the state’s road design or barriers contributed to the crash?
A: Claims against government agencies are possible but complicated by immunity doctrines and strict notice requirements. If engineering, barrier height, surface conditions, or prior crash history played a role, those issues should be investigated through records requests and expert review. An attorney can evaluate whether a viable claim may exist.
Q: What if my family member was partly at fault?
A: West Virginia uses a modified comparative fault rule. As long as the injured person is not more than 50% responsible, they may still recover damages, reduced by their share of fault. Insurance companies often try to shift blame, which is one reason an independent investigation is important.
Q: Does it matter if the other driver was impaired?
A: Yes. Alleged impairment can strengthen a liability case and may support a claim for punitive damages, which are intended to punish reckless conduct. Toxicology results, police observations, and witness statements all become important evidence in these cases.
Q: The insurance company already called me — should I give a statement?
A: You generally are not required to provide a recorded statement to another driver’s insurer, and doing so without counsel can hurt your case. Even your own insurer’s questions should be answered carefully. Talking to a lawyer first is almost always the safer choice.
Q: How much does it cost to hire New Law Office?
A: New Law Office handles personal injury and wrongful death cases on a contingency fee basis. That means there is no upfront cost — you pay attorney fees only if we recover money for you. Initial consultations are always free.
Q: What should I do with the vehicle after a serious crash?
A: Do not allow the vehicle to be repaired, sold, or scrapped until it has been inspected and the onboard data preserved. The vehicle and its black box can be central evidence in proving speed, braking, and crash dynamics. Let your attorney coordinate with the insurer so this evidence is not lost.
Original reporting: wsaz.com.