Anyone who drives through downtown Charleston knows the I-64/I-77 split requires full attention. A new report adds to concerns about this stretch of highway. This time it involves a tractor-trailer allegedly seen moving in reverse through live interstate traffic.
What Happened
According to reports from WSAZ, a woman whose office overlooks the point where I-64 and I-77 divide in Charleston said she filmed a semi-truck reversing on the interstate on a recent Wednesday. She reportedly heard hard braking and a noise she thought might be a crash. When she looked out, she said the truck was stopped near the divide. It then backed up before pulling back into traffic.
She said passing motorists appeared to swerve and honk to avoid the truck. She also noted that another exit was only a short distance ahead. Based on available reports, it is unclear whether the truck struck the barrier or another vehicle. No injuries have been reported, and the driver and trucking company have not been publicly identified.
The interchange has drawn scrutiny after several fatal crashes in which vehicles reportedly went over the median barrier. Charleston police told the station that an officer who sees a driver backing up on the interstate could issue a citation. Police have also previously promised more patrols in the area. State transportation officials recently lowered the speed limit through the interchange from 60 to 50 mph. They have also begun applying a high-friction pavement surface meant to reduce sliding.
Who May Be Liable
No one was reported hurt in this incident, and no one has been found at fault. If a similar maneuver did cause a crash, several parties could be liable:
- The truck driver. A driver who reverses on a high-speed highway instead of continuing to the next exit may be found to have acted negligently.
- The trucking company or motor carrier. Employers are often responsible for what their drivers do on the job. A carrier could also face its own liability if it allegedly failed to properly hire, train, or supervise a driver, or pressured drivers with unrealistic schedules.
- Freight brokers or shippers. Companies that carelessly select an unsafe carrier may share responsibility in some cases, depending on the facts.
- Government entities. If road design, signage, or maintenance allegedly contributed to a crash, a claim against a public agency may be possible. These cases involve special rules and immunity defenses.
- Other motorists. In multi-vehicle crashes, other drivers’ speed or distraction may also play a role.
Legal Theories That May Apply
- Negligence: Every driver owes others reasonable care, and a motorist who falls short may be liable for the harm that follows.
- Negligence per se: In West Virginia, violating a traffic safety law may be treated as prima facie evidence of negligence, meaning it can help establish fault.
- Vicarious liability (respondeat superior): A trucking company may be responsible for a driver’s careless acts committed while doing the company’s work.
- Negligent hiring, training, or supervision: A carrier could be directly liable if it allegedly put an unqualified or poorly trained driver behind the wheel.
- Federal safety violations: Interstate carriers must follow Federal Motor Carrier Safety Administration (FMCSA) rules, and alleged violations such as hours-of-service breaches can support a negligence claim.
- Wrongful death: When a crash takes a life, West Virginia law allows a claim to be brought through the personal representative on behalf of certain family members.
- Roadway condition claims: If a dangerous design or maintenance problem allegedly contributed to a crash, a claim against the responsible agency may be worth exploring.
Damages Victims May Recover
Because commercial trucks are so large and heavy, crashes involving them often cause severe injuries. Depending on the facts, injured people may be able to seek:
- Past and future medical expenses, including surgery, rehabilitation, and therapy
- Lost wages and reduced future earning capacity
- Pain and suffering and emotional distress
- Vehicle and property damage
- Loss of consortium for a spouse whose relationship has been affected
- Punitive damages where conduct was allegedly reckless or willful. West Virginia generally caps these at the greater of four times compensatory damages or $500,000.
In wrongful death cases, West Virginia law allows families to recover for sorrow and mental anguish, lost financial support and services, and medical and funeral costs.
Evidence That Strengthens a Case
Truck cases often turn on evidence that can disappear quickly. Key evidence may include:
- Video footage from bystanders, nearby buildings, traffic cameras, and dashcams. As this report shows, a witness recording can capture critical seconds.
- Electronic logging device (ELD) and engine data showing speed, braking, and hours driven
- Driver qualification files, training records, and drug and alcohol test results
- Dispatch messages and GPS routing data that may explain why a driver missed an exit
- Police reports and any citations issued
- Statements from other drivers and bystanders
- Accident reconstruction and expert analysis
- Medical records documenting your injuries and treatment
- FMCSA safety records for the carrier
A lawyer can send a preservation letter, sometimes called a spoliation letter. It demands that the trucking company keep this evidence instead of erasing it under routine retention policies.
What to Do Next
If you are involved in a crash with a commercial truck:
- Get medical care right away, even if you feel fine. Some injuries take time to show symptoms.
- Call police and make sure an official report is made.
- Document the scene if it is safe. Photograph the vehicles and record the truck’s company name, USDOT number, and plates.
- Collect witness contact information. People nearby, including those in surrounding buildings, may have seen or recorded what happened.
- Keep a symptom journal and save every bill and record.
- Avoid recorded statements to the trucking company’s insurer until you have talked with a lawyer.
- Watch the deadline. West Virginia generally allows two years to file a personal injury lawsuit.
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 https://newlawoffice.com.
Frequently Asked Questions
Can I sue a truck driver if I crashed while swerving to avoid them, even if we never touched?
Possibly. In West Virginia, a driver whose careless conduct forces another motorist off the road may be liable even without physical contact. The challenge is proving which truck was involved and that its driver’s actions caused your crash, so video, witness accounts, and quick action matter.
How long do I have to file a truck accident claim in West Virginia?
West Virginia generally gives injured people two years from the date of the crash to file a personal injury lawsuit. Families typically have two years from the date of death to bring a wrongful death claim. Exceptions may apply, and claims involving government agencies can require extra steps, so talking with a lawyer early helps protect your rights.
Is the trucking company responsible for what its driver did?
It may be. Under vicarious liability, employers are often responsible for an employee’s negligent acts committed on the job. A trucking company could also be directly liable if it allegedly hired, trained, or supervised a driver carelessly or pushed unrealistic delivery schedules.
What if I was partly at fault for the crash?
West Virginia follows a modified comparative fault system. Generally, you can still recover damages as long as your share of fault is not greater than the combined fault of others, though your award is reduced by your percentage of fault. Insurers often try to shift blame, so it helps to have an advocate on your side.
Can I file a claim against the state over a dangerous interchange like the I-64/I-77 split?
Claims involving road design or maintenance may be possible in some situations, but they are complex. Claims against West Virginia state agencies often follow special procedures and may face immunity defenses. You would also need evidence that a specific defect contributed to your crash.
I saw a truck driving dangerously but no one was hurt. What should I do?
If you can do so safely, note the location, the time, and any company name, truck number, or plate, and report it to law enforcement. A near miss alone generally does not create a personal injury claim, but your observations or video could become valuable evidence if someone else was harmed. Never record video while you are driving.
Do I need a lawyer if the trucking company’s insurer has already called me?
You are not required to have one, but it is wise to talk to a lawyer before giving a recorded statement or signing anything. Commercial trucking insurers often move quickly to limit what they pay. Many personal injury lawyers, including ours, offer free consultations and work on contingency.
Original reporting: wsaz.com.
