Motorcycles offer riders a unique freedom and connection to the wide-open roads of the Mountain State, but they can also come with significant risks. In West Virginia, motorcycle accidents continue to result in serious injuries and devastating consequences. Riders face dangers from inattentive drivers, poor road conditions, and a lack of protective barriers.
If you’ve been hurt in a motorcycle accident, it’s crucial that you know your legal rights. Working with a Huntington motorcycle accident lawyer can give you the support and guidance you need to navigate this challenging experience.
We are ready to stand by your side at DiPiero Simmons McGinley & Bastress, PLLC.
Why Motorcycle Accidents Are So Catastrophic
Motorcycle accidents are usually more severe than typical car accidents because riders have less protection. Even when wearing a helmet and protective gear, motorcyclists can suffer catastrophic injuries from a relatively minor collision.
The small size of motorcycles also makes them harder to see on the road, and drivers often fail to yield or check their blind spots.
As a result, motorcycle crashes often involve:
- Head trauma
- Brain injuries
- Spinal trauma
- Broken bones
- Road rash
- Internal bleeding
These injuries often require extensive treatment and long-term recovery. Unlike car accident claims, motorcycle accident cases may involve complex insurance issues and an uphill battle against bias.
Some people still believe motorcyclists are reckless by nature, which can unfairly impact on the outcome of a claim. A local attorney who understands the law and the local court system can fight against these assumptions and build a strong case on your behalf.
West Virginia Motorcycle Laws
In West Virginia, motorcycle laws are in place to protect riders and promote safety.
Helmets are mandatory for anyone on a motorcycle, including passengers, and eye protection is required unless the bike has a windscreen. Motorcyclists must have a special license or endorsement and must pass both written and skills tests.
West Virginia also has comparative fault laws, which means that if you’re partially responsible for the accident, your compensation may be reduced. If you’re less than 50% at fault, however, you can still recover financial damages. This legal standard underscores the importance of a thorough investigation to establish fault and build a compelling argument in your favor.
Common Causes of Motorcycle Accidents in Huntington
The West Virginia Governor’s Highway Safety Program Annual Report 2023 lists 46 motorcycle fatalities in 2022, up from 39 the previous year.
Motorcycle accidents in Huntington happen for many reasons.
- Driver inattention is one of the most common causes of these accidents. Drivers who don’t check their mirrors or signals when changing lanes often collide with motorcycles they didn’t notice.
- Left-turn accidents are also frequent issues. This happens when a driver turns in front of an oncoming motorcyclist, misjudging their speed or failing to yield.
- Poor road maintenance can also lead to crashes. Potholes, loose gravel, or uneven surfaces that might be manageable for a car can be extremely dangerous for a motorcyclist.
- Weather plays a role, too. Rain, sleet, or snow can make roads slippery and reduce visibility, increasing the chance of an accident.
- Finally, impaired or distracted driving continues to be the leading causes of all traffic crashes, and motorcycles are no exception.
What To Do After a Motorcycle Accident
What you do in the moments that immediately follow a motorcycle accident is critical. Your first priority should always be your safety and seeking medical attention.
If you’re able to move, get to a safe location. Call first responders to report the accident and request medical help, even if your injuries seem minor. Some injuries, like concussions or internal bleeding, may not show immediate symptoms. Documenting the accident scene can be helpful for your claim. Take photos of the crash site, damage to your bike, other vehicles involved, and any visible injuries, if possible.
Collect contact information from eyewitnesses and request a copy of the police report. These details can help establish the facts of the accident.
Once you’ve seen to your immediate medical needs, you should consider speaking with a local motorcycle accident lawyer. The sooner you get legal representation, the better your chance of preserving important evidence and avoiding costly mistakes when dealing with insurance companies.
Why You Need a Huntington Motorcycle Accident Lawyer
A motorcycle accident lawyer serves as your advocate in a system that can be confusing and often stacked against you.
Your attorney can investigate the accident, collect medical records, consult with experts, and negotiate with insurance adjusters on your behalf. They also know how to counter arguments that try to shift blame onto you or lessen the seriousness of your injuries, especially in comparative fault situations.
If the insurance company won’t offer a fair settlement, your lawyer can file a lawsuit and prepare your case for trial. Their experience with West Virginia’s legal system and knowledge of local courts can give your case a valuable edge. Beyond legal representation, a lawyer provides peace of mind.
After a traumatic accident, you shouldn’t have to fight for compensation while recovering from your injuries.
A skilled attorney can handle the legal work on your behalf so you can focus on your healing.
Also, it’s important to hire a local attorney who is familiar with the area, knows the local roads, common accident spots, and the typical behavior of local courts and insurance companies. This insight allows them to tailor your case strategy to fit local norms and expectations. They’re also more accessible, so you can meet in person when needed and build a stronger attorney-client relationship.
When you’re dealing with a traumatic event like a motorcycle crash, having a lawyer who knows the community and has experience with similar cases can be reassuring and highly effective.
Building a Strong Case
Successful motorcycle accident claims require strong evidence. Your attorney will gather medical records, police reports, witness statements, and crash scene data.
They may also consult accident reconstruction experts or medical professionals to support your case. The sooner you retain the services of an experienced lawyer, the easier it is to preserve this evidence. Over time, memories fade, records can be lost, and witnesses may become harder to locate.
Building a compelling case isn’t something that happens overnight. It takes a combination of careful investigation, legal experience, and a clear understanding of how your injuries have affected your life.
The more time your attorney has to work on your case, the better the results are likely to be.
Dealing with Insurance Companies
Insurance companies are not on your side.
Typically, their goal is to settle claims for as little as possible, and they often use tactics to minimize your payout. Adjusters may pressure you to give a recorded statement, ask leading questions, or try to downplay the extent of your injuries.
In some cases, they may delay or deny your claim outright. Having a lawyer handle all of these communications can protect your interests. Your attorney can respond to insurance requests, ensure paperwork is submitted properly, and push for a fair settlement.
Without experienced representation, you may end up accepting a settlement far less than what you need and deserve.
Common Types of Compensation Available
If you’ve been injured in a motorcycle accident, you may be entitled to various types of compensation.
- Medical expenses: These are often the largest financial burden and can include emergency care, surgeries, physical therapy, meds, and potential future treatment costs.
- Lost income: You can also seek financial compensation for lost or reduced income, especially if your injuries prevent you from returning to work.
- Pain and suffering: These damages are more subjective but just as important. These reflect the physical pain you’ve endured, as well as your emotional trauma and any reduced quality of life caused by your accident. If you experience permanent disability or disfigurement, additional compensation may be warranted.
- Punitive damages: If the accident was due to gross negligence or reckless behavior, you might also be eligible for punitive damages, which punishes the responsible parties and discourages similar conduct in the future.
Statute of Limitations in West Virginia
It’s important to act quickly after a motorcycle accident. In West Virginia, you generally only have two years from the date of your accident to file a personal injury lawsuit.
This deadline is known as the statute of limitations. You may lose your right to seek compensation entirely if you miss it. Some exceptions, such as cases involving minors or delayed discovery of injuries, are limited.
Your lawyer will explain the deadlines that apply to your case and make sure that all filings are completed on time.
Legal Fees and Consultations
Many people hesitate to call a lawyer because they’re worried about cost. Fortunately, our motorcycle accident attorneys work on a contingency fee basis. This means you don’t pay upfront or out-of-pocket legal fees. Instead, your lawyer receives a percentage of any settlement or court award.
If you don’t win, you don’t pay.
Our attorneys also offer free consultations so you can ask questions, learn your rights, and understand your legal options before committing to representation. There’s no downside to reaching out; the information you get could be crucial to your recovery process.
FAQ: Huntington Motorcycle Accident Lawyer
Do I need a lawyer if the other driver was clearly at fault?
Even in clear-cut cases, a lawyer helps protect your rights and ensures you receive fair compensation. Insurance companies often still try to minimize payouts.
How long do I have to file a claim?
In West Virginia, you generally have two years from the date of your accident to file a personal injury lawsuit. Missing the deadline could mean you lose your chances of recovering compensation.
What if I weren’t wearing a helmet?
You may still be eligible for compensation, but the insurance company could argue that your injuries were worse due to not wearing a helmet. A lawyer can help address this issue.
Let a Team of Huntington Motorcycle Accident Attorneys Fight for You
At DiPiero Simmons McGinley & Bastress, PLLC, we understand that motorcycle accidents aren’t only physically devastating but can also bring overwhelming emotional and financial stress.
If you’ve been hurt in a motorcycle accident in Huntington, you don’t have to deal with the aftermath alone.
Our knowledgeable and dedicated accident attorneys can make all the difference. From gathering key evidence to negotiating with insurance companies and representing you in court, they’ll fight to make sure your rights are protected and help you pursue the full compensation you deserve.
Don’t let the challenges of the legal system add to your burden. Reach out to us today to take the first step toward recovery and justice. Our Huntington motorcycle accident lawyer is ready to help.
