Charleston Motorcycle Accident Attorney
If you or a loved one was seriously injured or killed in a crash caused by another driver’s reckless or negligent actions while riding a motorcycle, you deserve the chance to fight for the compensation you deserve. At Hendrickson & Long, PLLC, each Charleston motorcycle accident lawyer in our office understands just how devastating these types of collisions can be.
We’re ready to put our legal weight behind your case to ensure that you secure the damages you need to cover medical bills, lost wages, pain and suffering, and more. If you are looking to take legal action, email or call us with the details of your case to schedule a free consultation with an experienced attorney today.
Motorcycle Accident Statistics
While motorcycles have a certain appeal and draw for people looking to experience a more thrilling and unrestrained way to hit the road, they are undeniably among the most dangerous forms of transportation. Motorcycles only make up around 3% of all vehicles and just 0.7% of all vehicle miles traveled in the United States, but according to the National Safety Council (NSC), riders and passengers make up a staggering 14.6% of all traffic-related fatalities.
Over the past decade, the danger has only increased. Since hitting a recorded low of 4,469 motorcycle rider and passenger deaths in 2009, that number has steadily increased, with a new high of 6,218 deaths in 2022, the most recently available statistics. On the flip side, injuries have steadily decreased since 2016, according to the NSC. Since a record high of 104,000 injuries sustained by riders and passengers in 2016, that number has dropped by 31% to 82,687 in 2022.
Alcohol-related impairment is a major factor in these types of crashes. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders involved in fatal crashes had the highest rate of alcohol impairment among all drivers (28% vs. 24% for passenger cars, the next highest). However, a significant percentage of all motorcycle crashes were not the fault of the rider. The single most dangerous type of crash for all motorbike riders were ones involving another vehicle. According to the NHTSA, 57% of all fatal crashes in 2021 were in collisions with another vehicle.
As a motorbike rider and one who recently suffered catastrophic injuries or lost a loved one in a motorcycle crash, you don’t need any reminding of how dangerous it can be on the road for bikers. You, unfortunately, already know that all too well.
Common Causes of Motorbike Crashes in Kanawha County
While many causes of motorcycle accidents can be similar to any other type of vehicle crash, the unique nature of the vehicle introduces additional risks that riders need to account for. Unfortunately, a significant percentage of crashes involving motorcycles are caused by dangerous and negligent actions by other drivers, including:
- Misjudging the speed of an oncoming motorcycle: Judging the speed of oncoming vehicles before changing lanes is far from an exact science, but it becomes even harder when judging the speed of an oncoming motorcycle, given their relative size. However, this is no excuse for taking a dangerous road maneuver.
- Opening doors without checking first: A car door can be just as dangerous as a concrete wall for an oncoming motorcycle. Failing to check for oncoming vehicles and opening a door in the path of a motorcycle is a serious hazard.
- Failing to check blind spots: An increased reliance on digital tools to check blind spots has only exacerbated the problem, but far too many drivers also simply fail to notice motorcycles in the blind spots when turning or changing lanes.
- Tailgating: Driving too close to the vehicle in front can be exceptionally dangerous no matter what the vehicle is, but it’s even more so when the vehicle in question lacks the safety features of a fully enclosed car.
- Speeding: Whether poor road conditions call for a slower speed or if a driver is breaking the speed limit, driving too fast is a consistent factor that leads to accidents across the country.
- Driving under the influence: Intoxication is a major factor in crashes involving all types of vehicles. It can severely limit reaction time, lead to riskier behavior, and generally increase the chance of a crash.
- Distracted driving: Taking your eyes off the road for even a second can quickly lead to a crash. Drivers need to remain aware at all times when behind the wheel, no matter how in control they may feel in the driver’s seat.
Riding a motorcycle is already much riskier than driving a car for several reasons. Motorcycles are less stable than other vehicles, are less visible on the road, and when they crash, riders lack the protection of an enclosed vehicle, making the drivers and riders of bikes much more likely to be seriously injured or killed. It’s already dangerous enough just being on a motorbike, and when other drivers aren’t paying attention or are driving recklessly, the outcome can be catastrophic.
Whether you believe one of the factors above is to blame for the accident that injured you or something else, you might meet the necessary grounds to take legal action. Speak with a Charleston motorcycle accident lawyer about your case. Consultations with our attorneys are free.
Common Injuries Caused by Motorcycle Accidents in Charleston
Motorcycle riders and passengers are at risk for some of the same injuries as other accident victims, but there are some that are significantly more common for them to suffer. Some of the most common injuries resulting from a motorcycle crash include:
- Burns
- Road rash
- Broken or fractured bones
- Leg or joint injuries
- Amputation
- Spinal cord injuries
- Back or neck injuries
- Traumatic brain injuries
- Nerve damage
- Eye injuries, including loss of vision
- Hearing loss or Tinnitus
- Crushing injuries, causing internal organ damage
- Death
While wearing a helmet and proper protective equipment such as boots, jackets, and gloves may reduce the severity of injury, they rarely prevent all the damage that can occur.
What Damages Can I Recover After a Motorbike Wreck in West Virginia?
Our state’s laws allow motorcycle accident victims to recover both economic and noneconomic compensation for the injuries and damages they receive, such as:
- Medical expenses, including therapy or rehabilitation
- Disability
- Paralysis
- Loss of income
- Future long-term care, such as nursing assistance
- Property damage (including repairs to your motorcycle)
- Emotional distress, including post-traumatic stress disorder (PTSD)
- Mental anguish
- Disfigurement
- Loss of quality or enjoyment of life
- Loss of consortium
If the biker was killed in the crash or died at a later time due to injuries they suffered, funeral and burial costs may also be claimed in a wrongful death case by the family or legally appointed beneficiary.
Not Wearing a Helmet Can Affect Your Ability to Recover Compensation
West Virginia has a mandated motorcycle helmet law requiring all drivers and motorbike passengers to wear this head covering out on the road, but this doesn’t stop some bikers from forgoing the use of a helmet. If you weren’t wearing a helmet at the time of your motorcycle accident, the other involved party’s insurance company may use that against you in an attempt to get your case thrown out.
How Does Comparative Fault Law Impact My Case?
West Virginia has a comparative fault law rule in place. This is also known as “shared fault” and means that as long as the court finds that you are less than 50% responsible for the crash, you can still recover damages. However, the total compensation awarded can be decreased by the percentage you are found at fault.
Our Charleston Motorcycle Accident Lawyer Can Help You Secure the Compensation You Deserve
Fighting to prove that your accident was caused by someone else’s actions is a key part of securing the maximum compensation possible, and that requires working with a law firm you can count on.
If you or someone you love was seriously injured or killed in a motorcycle crash, you may be able to take legal action to secure the compensation you need to cover medical expenses, lost earning potential, wrongful death, and more.
When you account for each Charleston motorcycle accident lawyer on our team, they have collectively spent more than 30 years fighting for injured victims throughout West Virginia. We’re ready to put our knowledge to use, advocating for your rights in court and at the negotiation table.
Give us a call to speak with a member of our firm today or schedule a free case consultation by sending us the details of your case through our online form.
