Marshall County, WV — August 12, 2025, Willard Atwell III was injured in a dump truck accident at about 9:45 a.m. on State Route 2/Energy Highway.

Authorities said vehicle was heading south when it crashed into the back end of a dump truck. It ended up near the gate to a power plant.

Vehicle driver Willard E. Atwell, 26, was flown to a Pittsburgh hospital with serious injuries, according to authorities.

No other injuries were reported.

Authorities have not released any additional information about the Marshall County crash at this time.

Commentary by Attorney Michael Grossman

When people hear about a vehicle rear-ending a dump truck, the assumption often is that the driver in back must have been at fault. But from a legal perspective, that assumption doesn't hold up without a thorough investigation. There's a world of difference between a driver who simply wasn’t paying attention and one who had no realistic way to avoid a collision.

Authorities say that a southbound vehicle crashed into the rear of a dump truck on State Route 2. That tells us where it happened, but not much about how it happened or why. Was the dump truck moving at the time, or was it stopped? Was it signaling? Did it have proper lighting and reflective markings, especially if it was hauling anything that extended beyond the bed of the truck? Right now, we don't have answers to any of these questions, and they matter a great deal.

One question I come back to in crashes like this is: Was the dump truck visible enough to be reasonably avoided? I've handled cases where trucks were stopped or moving slowly on highways without proper hazard lights, reflective tape or warning signage. In one case, a trailer was equipped with a tail light, but not the steel beam it was carrying that extended well beyond the bed. It cost an innocent driver his life because he couldn't see what was in front of him until it was too late.

Another key issue is what kind of evidence exists. Does the dump truck have a dash cam or rear camera? What about the vehicle that hit it: was it equipped with a forward-facing camera or engine control module? And has anyone pulled the cell phone records of either driver to rule out distraction? Until these questions are answered, we’re left with a very incomplete picture.

If the dump truck was stopped or slowing in traffic, that opens up questions about whether it was creating a road hazard. If it was moving and the trailing vehicle failed to maintain a safe following distance, that’s a different analysis entirely. Either way, it’s premature to assume blame until the facts are in.

Key Takeaways:

• Whether the dump truck was moving or stopped is a critical, unanswered question.
• Visibility and lighting on the rear of the dump truck must be evaluated to assess preventability.
• Evidence like dash cam footage, ECM data and phone records will be key to understanding what really happened.
• Rear-end collisions involving trucks are not always as simple as they appear.
• Full accountability depends on a thorough investigation, not surface-level assumptions.