Whether you want to explore a specific spot like the Forks-of-Coal State Natural Area or just enjoy the freedom of getting outside and riding, Charleston, WV, has plenty of places to visit on a motorcycle.
While you are out, you have to be very cautious on the road. However, not everyone shares that same safety mindset, and they may act in a way that causes an accident. In these situations, you need to reach out to a Charleston, WV motorcycle accident lawyer.
For those in West Virginia injured in a motorbike crash, DiPiero Simmons McGinley & Bastress, PLLC is here to help. We recognize that the costs associated with a motorcycle accident can be significant, often including medical expenses, lost wages, and other financial burdens.
Our legal team is passionate about helping motorcycle accident victims in West Virginia obtain the justice they deserve. Contact us today to schedule a consultation and learn more about how we can help you.
How Do Motorbike Wrecks Happen on Charleston, WV Roads
Riding a motorcycle can be dangerous, especially if you are involved in an accident. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are four times more likely to sustain an injury in a crash.
Motorcycle accidents are a common occurrence throughout West Virginia. Often, these accidents are directly related to the negligent or reckless behavior of others on the road. Some of these causes include:
Distracted Drivers
Distracted drivers are a major concern on roads. Many times, car or truck drivers are preoccupied with their phones, navigation systems, eating or drinking, or other activities while driving. This dangerous practice can lead to accidents and collisions. In these cases, distracted drivers may fail to notice motorcycles on the road. The impact of these collisions can be devastating, resulting in injuries, property damage, and even fatalities.
Failure to Yield
Another issue centers around the failure of drivers to yield the right of way to motorbikes, especially at intersections or when merging. Accidents happen as vehicles collide due to right-of-way violations. Even if motorcyclists are cautious and observant, other vehicles can collide with them on the road.
Aggressive Driving
This type of behavior is characterized by drivers tailgating, cutting off, or intentionally blocking motorcycles. All these actions put motorcyclists in danger and increase the risk of collisions. For example, tailgating reduces the driver’s reaction time. In turn, they might be unable to respond to sudden changes in traffic flow.
Also, cutting off motorbikes can lead to fatal accidents since the motorcyclist may not have enough time to stop or avoid a collision. Additionally, blocking motorcycles intentionally is a form of aggressive behavior that can even lead to road rage incidents.
Opening Doors
Opening a vehicle’s doors without checking for oncoming motorcycles is a common road issue. Parked cars can suddenly open doors into the path of a motorcyclists who’s approaching, causing riders to crash into open doors and sustain serious injuries or even fatalities.
Poor Road Maintenance
Potholes, uneven surfaces, debris, and oil spills on the road are all potential causes of accidents for motorcycle riders. If a driver encounters these issues, they can lose traction or stability. For example, potholes can cause motorbikes to jerk or sway, while uneven surfaces can make it challenging to maintain balance and control. Debris and oil spills can be hazardous for riders, making it easier for them to lose control and get into accidents.
Inadequate Lighting
All drivers, especially motorcyclists, need to have the proper visibility on the road. This issue occurs due to poorly marked roads, lack of reflective signs, or low visibility during nighttime. These factors can reduce the visibility of motorcycles, making them less noticeable to other drivers on the road.
Also, this puts motorcyclists at a higher risk of being involved in accidents or collisions. Inadequate visibility can also make it difficult for motorcyclists to anticipate and respond to potential hazards on the road, which, in turn, increases accidents.
Common Motorcycle Accident Injuries
Motorbike collisions can result in various injuries, ranging from minor to severe. Some of the most common types involve:
- Road rash occurs when a rider’s skin scrapes against the road surface during a fall or collision.
- Muscle damage can include strained or sprained muscles.
- Biker’s arm refers to injuries resulting from bracing for impact during a fall.
- Foot and leg injuries range from fractures to ligament damage.
- Abdominal injuries happen when there is an impact on the abdomen that can cause internal injuries.
- Spinal injuries may lead to spinal fractures or herniated discs.
- Traumatic brain injuries (TBI) are common results from crashes.
Unfortunately, some of these injuries can turn fatal. According to the WV Governor’s Highway Safety Program (GHSP), in 2023, our state had 39 motorcycle crashes on the road. Even with the proper safety equipment, riders are vulnerable on the road. They do not have the same safety features as other vehicles. When a crash or accident occurs, they can be severely injured or killed. While some acid victims may only need minor medical care, they may have to deal with a lifetime of medical treatments and rehabilitation expenses.
If your motorcycle collision was the result of another driver, property owner, or even governmental entity’s fault, you have the right to hold them accountable for their actions. Find out how a motorcycle accident lawyer in Charleston, WV can assist with your situation.
Determining Liability in These Cases
In West Virginia, liability for a motorcycle accident is determined by law, and it can be shared by multiple parties. This means several individuals or entities can be held responsible for the accident. All of them can be sued for damages.
The liable parties in a motorcycle accident can include:
- A car or truck driver
- Another motorcyclist
- A property owner
- The motorcycle manufacturer
- A government entity
An investigation must be conducted to determine who is liable for the motorbike accident. During this time, your legal team will need to identify all the contributing factors that led to the crash. This can be a complex process, so you need a skilled and experienced Charleston, WV motorcycle accident lawyer to assist.
At DiPiero Simmons McGinley & Bastress, PLLC, we have a team of knowledgeable and experienced attorneys ready to help with your case.
What Are Recoverable Damages in a Charleston, WV Motorcycle Accident Case?
When it comes to seeking compensation after an accident, there are two types of damages that you may be eligible to receive: economic and non-economic.
Economic damages represent the tangible, quantifiable losses you have suffered due to the accident. These may include various expenses such as:
- Medical bills cover the cost of hospitalization, surgeries, medications, and rehabilitation.
- Lost wages refer to income that you lost due to injury-related absence from work.
- Property damage includes the cost of repairing or replacing any damaged property, such as your motorcycle.
- Other financial losses may include expenses related to transportation, home modifications, or assistive devices.
On the other hand, non-economic damages are more complex to calculate and don’t have a specific dollar value. These expenses may include:
- Pain and suffering compensation are designed to cover the physical pain, emotional distress, and mental anguish that you may have experienced as a result of the accident.
- Loss of enjoyment of life refers to the impact of injuries on your quality of life, while loss of consortium is damages for the effect of your injuries on your relationships with family members.
- Disfigurement or scarring compensation is intended to cover visible injuries affecting appearance.
Can I Sue If I Was Partially Responsible for the Accident?
Sometimes, both parties can share fault in the accident. In West Virginia, the state follows the modified comparative negligence principles. You can receive damages if you are less than 50% at fault for the accident. If you share more than 50%, you may not be eligible for any financial awards.
Keep in mind that the amount of damages you will receive will be adjusted according to the percentage of your fault for the accident. For example, if you share 35% of the fault, your financial awards will be reduced by that amount.
With that in mind, you will want to work with an experienced motorcycle accident attorney to help assess the full amount of your claim. By working with you, you can determine your level of fault (if any) and calculate damages in your case.
Get the Legal Help You Need for Your Motorcycle Accident Case
At DiPiero Simmons McGinley & Bastress, PLLC, we understand the challenges of recovering from a motorcycle accident. Our team of skilled attorneys will fight for you to get the compensation you deserve.
We’ll help you deal with insurance companies that may try to get you to take an unfavorable settlement, and we’ll gather all the necessary evidence to show how the other party’s negligent actions caused your injuries and losses.
Don’t wait another day to get the help you need; contact DiPiero Simmons McGinley & Bastress, PLLC. We’ll schedule your free case evaluation with a Charleston, WV motorcycle accident lawyer so you can learn more about your rights.
