House 4756

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4756

By Delegates Flanigan, G. Howell, Marple, Martin, Ridenour, Hillenbrand, Phillips, Roop, Zatezalo, Akers, and Maynor

[Introduced January 22, 2026; referred to the Committee on Government Organization then the Judiciary]

A BILL to amend and reenact §17E-1-25 of the Code of West Virginia, 1931, as amended, relating to automatic treble compensatory damages being fined every time a commercial truck driver who does not comprehend the English language causes an accident in West Virginia.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.

§17E-1-25. Penalties.

(a) It is a misdemeanor for any person to violate any of the provisions of this chapter unless the violation is by this chapter or other law of this state, declared to be a felony.

(b) Unless another penalty is provided in this chapter or by the laws of this state, every person convicted of a misdemeanor for the violation of any provisions of this chapter shall be fined not less than $100 nor more than $1,000, or confined for not more than six months in jail, or both fined and confined, except that for the second violation of section seven of this article and, upon conviction thereof, the offender shall be fined not less than $500 nor more than $2,000 or confined for not less than six months nor more than nine months in jail, or both fined and confined. For the third or any subsequent conviction for violation of section seven of this article, upon conviction thereof, the offender shall be fined not less than one $1,000 nor more than $2,500, or confined for not less than nine months nor more than one year in the county jail, or both fined and confined.

(c) The division shall impose a civil penalty, in addition to any penalty required under the provisions of this section on any driver who is convicted of violating subsection (e), section thirteen of this article. The penalty shall be $2,500 for the first offense and $5,000 for each subsequent offense.

(d) Every accident caused by a commercial truck driver who does not comprehend English shall additionally require the payment of automatic treble compensatory damages for all damages and medical expenses caused by the accident by the driver and the company for whom the driver was operating the commercial truck.

NOTE: The purpose of this bill is to require automatic treble compensatory damages being fined every time a commercial truck driver who cannot comprehend English cause an accident in West Virginia.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.