Charleston Motorcycle Accident Attorney
Riding a motorcycle has long been associated with a sense of freedom. You experience the open road in a whole different way. You are also more vulnerable to injury. A motorcyclist is at a higher risk of spinning out or spilling on the road. That impact can lead to serious injuries.
When another car causes that accident, you’re entitled to be compensated by that driver, but that’s often easier said than done.
Determining fault in a collision between a motorcycle and a car will be the deciding factor in whether or not you’re able to receive compensation for your losses. That is why you need to speak with Hendrickson & Long, PLLC.
We’re an experienced team of Charleston motorcycle accident lawyers who have helped numerous clients secure fair settlements for their accident-related injuries and damages.
Why Choose Hendrickson & Long, PLLC for Your Motorcycle Accident Claim
Navigating the claims process after a motorcycle accident can often be frustrating. That added stress can also impact your recovery. That is why you need an advocate, like Hendrickson & Long, PLLC. If another driver caused your motorcycle accident, we want to hear from you.
If we decide to take up your claim, we will strive to make your case a priority. Our growing list of successful results demonstrates how our dedication to our clients pays off. Here is why you should choose Hendrickson & Long, PLLC, as your motorcycle accident claim:
We Oversee a Thorough Investigation
Our experienced team of investigators will delve into every aspect of your accident. We’ll examine the scene of the accident, taking into account road conditions and signs of any damage. We will also gather all evidence related to your accident, including police accident reports, medical records, witness statements, and any available surveillance video. That can include residential home security cameras.
We Help Establish Who Is at Fault
We will work diligently to establish who was at fault in your accident. The evidence we gather should support your narrative of the accident and dispute the other driver’s version. When we clearly establish who is at fault, it will be harder for the insurance company to dispute the claim.
We Negotiate for Maximum Benefits
We bring years of negotiating experience to every claim we help with. That experience provides us with keen insight into how insurance companies operate. We know they will look for any excuse to deny a claim outright or offer the lowest possible settlement.
We’ll be ready to counter their tactics and will always rely on the evidence and the truth of what really happened in an accident.
Our goal is always to fight for the maximum benefits for our clients.
We Will Represent You in Court
Not every motorcycle accident claim needs to end in a lawsuit. However, there might be times when filing a civil complaint is the most viable option for recovering compensation that is due after an accident.
Our team is fully capable of litigating in court and understands how to present evidence to a jury in a compelling manner that will help support our client’s story. We’ll utilize our network of expert witnesses to strengthen the case. We will also keep negotiating with the insurance company to reach a fair settlement. Once we prove our commitment to our client, the likelihood of a settlement increases.
Being involved in a motorcycle crash is stressful. Getting the right legal help shouldn’t add to your stress.
That is especially true when you work with Hendrickson & Long, PLLC.
What Are the Common Causes of Motorcycle Accidents?
A motorcycle accident can occur either through a collision with another vehicle or as a single-vehicle incident. When pursuing your claim, it is vital to establish the details of your accident to establish fault.
Here are some common causes of motorcycle accidents. Which applies to your claim?
Driver Inexperience
The reason insurance rates are higher for new teenage drivers is due to their limited experience.
That lack of driving confidence can have a significant impact on motorcyclists when the teen driver is unsure of how to share the road safely.
Tailgating
In congested traffic, drivers often forget about braking distance and end up creating genuine “bumper-to-bumper” situations. That increases the risk of a rear-end collision with a motorcyclist.
Following too closely. Many drivers tailgate. This is a sure way to rear-end an innocent motorcyclist, especially in heavy traffic and poor weather conditions.
Failure to Check Blind Spots
Many drivers seem to adopt an attitude of dominance when on the road. When they want to change lanes, they expect other vehicles to simply get out of the way. This often leads to those drivers not checking their blind spots.
Merely engaging the turn signals is not enough. If a driver doesn’t check their blind spots, they could miss an approaching motorcycle, and that can end in disaster.
Speeding
Drivers who habitually speed create unsafe driving conditions for everyone on the road. Speeding also makes it harder to come to a safe and complete stop in the event of a road emergency.
Carelessly Opening Doors
Motorcyclists face the same dangers from parked cars as bicyclists. That danger comes from drivers and passengers carelessly opening doors into traffic, leading to a harmful collision.
Distracted Driving
Texting and talking on the phone are the two primary causes of distracted driving. A driver can also be distracted if they are eating, drinking, smoking, or adjusting controls while driving. If your hands are off the wheel and your eyes are off the road, you increase the chances of colliding with a motorcyclist.
Motorcyclists can also be involved in single-vehicle accidents. Those accidents aren’t always the fault of the motorcyclist. There could be negligent factors that contribute to the accident, including the following:
- Dangerous roads
- Vehicle defects
- Collisions with fixed objects
- Bad weather
How West Virginia Helmet Laws Impact Your Claim
Wearing a helmet while riding a motorcycle can reduce the risk of a severe head trauma injury by up to 88%. Those are the findings in a study published by the National Library of Medicine.
Studies like that are one of the many reasons why West Virginia law requires every driver and passenger on a motorcycle to wear a helmet. According to the law, helmets must meet the safety standards set forth by the U.S. Department of Transportation (DOT). DOT-certified helmets meet the following requirements:
- The helmet must securely fasten to the rider’s head by either a neck or chin strap.
- The helmet must be designed to deflect blows, resist penetration, and spread impact forces.
- The helmet must be reflectorized.
- The helmet must not have any damage or defects in the outer shell, the liner,/or the straps.
West Virginia law also requires motorcyclists to wear some form of eye protection while on the road. Failure to comply with these regulations could put your accident compensation at risk.
For instance, if you weren’t wearing a helmet and got injured, the other driver could claim that your injuries were due to not wearing a helmet. This is something the at-fault driver’s insurance company will look into.
Frequently Asked Questions
After you are involved in a motorcycle accident, you’ll find yourself learning about traffic laws, insurance policy restrictions, and court proceedings. It is a lot to take on. That is why the team at Hendrickson & Long, PLLC, is standing by to provide all the information you need to understand how to pursue your claim. That information includes the answers to these frequently asked questions:
How does comparative fault law impact my case?
West Virginia utilizes a comparative fault law. This is sometimes referred to as “shared fault.” It means that both parties in an accident can share in the responsibility of that accident. However, as long as you are less than 50% at fault, you can still seek compensation from the other driver. You should note that your final settlement will be reduced by the percentage of fault assigned to you. That is why it is crucial to establish clearly who is responsible for the accident.
How soon do I have to file a lawsuit?
The statute of limitations for filing a personal injury lawsuit in West Virginia is two years. That time starts on the day of the accident, and it can go by extremely fast. That is because you need to go through the official insurance claim process before you can file a civil complaint. It is also essential to act swiftly in order to preserve evidence, especially with any witness statement.
How much is my motorcycle accident settlement worth?
The amount of your potential settlement depends on several factors, beginning with the severity of your injuries and establishing clearly who is responsible for the accident. The average settlement can range from $10,000 to $100,000.
If I file a lawsuit, how long will it take to resolve?
The moment you file a lawsuit, the defendants will be on notice to respond. A judge will be assigned to the complaint and will assign a court date. That date will be determined in consultation with the attorneys from both parties. It could take place a few months after the initial filing. The trial itself might only last for a few days. We will keep you fully informed about the progress of your lawsuit.
Should I accept the insurance offer?
You are entitled to accept any offer presented to you by an insurance company. Still, it is essential to consult with a Charleston motorcycle accident lawyer before accepting the offer, so you can fully understand what is at stake. Once you receive the offer and sign the waiver, you can’t refile and request additional compensation. That is why you want to ensure that what you’re asking for is what you truly need. You shouldn’t settle for anything less.
How Our Charleston Motorcycle Accident Lawyer Can Help
At Hendrickson & Long, PLLC, we have years of experience helping clients pursue a remedy after an accident. We are dedicated to gathering relevant evidence and acting as advocates for our clients, and we’ll continue to communicate with insurance companies until we agree to a fair resolution.
If you’ve been involved in an accident while riding your motorcycle, we want to provide you with the guidance you need to make an informed decision about your claim. That support begins with a free consultation to discuss your case.
Call to schedule today with our Charleston motorcycle accident lawyers.
