Charleston Motorcycle Accident Attorney
Motorbike crashes tend to cause riders to suffer debilitating injuries if they don’t claim their lives largely because cyclists lack the protection of a vehicle like truckers and passenger car occupants enjoy.
Dealing with your new normal of receiving treatment for your catastrophic accident-related injuries or grieving the untimely loss of your loved one can consume a lot of your time and emotional bandwidth. Dealing with incessant communication from insurance companies and others can add unnecessary stress to your plate.
It can be helpful to have a Charleston motorcycle accident lawyer on your side to advocate for you when you don’t feel up to doing so yourself. If you want to ensure you receive the highest possible compensation after someone struck you or a close family member in Kanawha County while riding a motorcycle, consider reaching out to us at Hendrickson & Long, PLLC.
During your consultation with one of our motorcycle accident attorneys, you can expect them to evaluate the evidence you’ve gathered to determine if you have a valid claim and to advise you of your legal options if so. If you’re ready to discuss your case, contact our law firm by phone or email now.
Motorbike Crash Statistics
According to the National Safety Council, data shows that motorcycles account for just 3% of all registered vehicles. However, when an accident occurs involving these vehicles, the results can be deadly. In 2022, motorcyclists accounted for 14.6% of all traffic fatalities (6,218) and 3.5% of all injuries (2,687) per the National Highway Traffic Safety Administration (NHTSA).
What Causes Motorcycle Collisions in Kanawha County?
Contrary to popular belief, motorcyclists themselves are way less likely to cause an accident than other drivers on the road. The most common cause of crashes involving motorcycles is driver negligence, which often occurs in the following ways:
- Speeding
- Driving under the influence
- Driving too fast for road or weather conditions
- Distracted driving
- Fatigued driving
- Failing to leave enough space when passing a motorcycle
- Following too closely
- Illegal turns
- Lane splitting
- Failing to yield the right of way to a motorcyclist
- Running red lights or stop signs
- Unsafe lane changes
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, as mentioned above, 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 bike, and when other drivers aren’t paying attention or are driving recklessly, the outcome can be catastrophic. If a motorbike accident in Charleston has left you with debilitating injuries, be sure to reach out to our attorneys to discuss legal remedies available to you during a no-risk consultation.
Common Injuries Motorcyclists Often Suffer
As we’ve discussed, operating a motorcycle is inherently dangerous for many reasons. This explains why, when a crash involving a motorbike occurs, the injuries are often catastrophic. Some typical motorcycle accident injuries our office sees are:
- 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, you can see from the list above that motorcycle crash injuries are often quite devastating.
Recoverable Damages Available After Collisions Involving Motorcycles in WV
In the case of this kind of motorcycle accident, you can seek both economic and noneconomic compensation for the injuries and damages you have received, such as:
- Medical expenses
- Disability
- Paralysis
- Therapy or rehabilitation
- Loss of income
- Future long-term care, such as nursing assistance
- Property damage (ie, necessary repairs of your motorcycle)
- Emotional distress
- 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.
Liability in West Virginia Wrecks Involving Motorcycles
When you’re involved in an accident regardless of the type of vehicle you drive, there may just be one person at fault, against whom you can make your personal injury claim, or any of the following could be held responsible, depending on the nature and cause of your crash:
- Truck drivers
- Bus drivers
- Passenger vehicle drivers
- Rideshare drivers (Uber or Lyft)
- Another motorcyclist
- Bicyclists
- Pedestrians
- Employers of a negligent party
- Property owners
- The agency responsible for road upkeep
- Motorcycle manufacturers
- Motorcycle safety equipment manufacturers
Even with this list of potentially responsible parties, there are laws in our Mountain State that can make liability a little bit tricky in the case of a motorcycle accident.
Understanding How the Comparative Fault Law Impacts Your Legal Options
West Virginia holds to something called a comparative fault law or rule. This is also known as “shared fault” and means that if you are proven to be at least a small percentage at fault for your accident, the amount of compensation you might have been awarded will be decreased by that percentage of fault.
As long as you have less than 50% of fault in the collision, you are still eligible to pursue compensation, though it may be less than you may have received otherwise, as detailed above.
How Your Helmet Use May Affect Your Ability To Recover Compensation
Although West Virginia has a mandated motorcycle helmet law requiring all drivers and passengers of bikes to wear a helmet while out on the road, bikers often forgo 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.
When Is the Right Time To Speak to a Charleston Motorcycle Accident Lawyer?
If you’ve been involved in a motorcycle accident, you must contact a lawyer immediately. However, sometimes, you might not think you have a valid legal claim or need an attorney. Let’s look at some situations where you will require a lawyer for your claim. Those include:
If You’ve Suffered Injuries
If you have sustained serious injuries that require medical care, legal assistance is often needed. Motorcycle accidents can cause serious injuries, many of which lead to long-term care. Your motorcycle crash attorney can make sure you start the process to receive the necessary compensation for your injuries.
You’re Having Problems With the Insurance Company
A motorcycle wreck injury lawyer can advocate for your rights if you encounter difficulties with the insurance company, such as denied claims or inadequate compensation. They can handle the entire process, from the initial filings to negotiations. Throughout this time, they will make sure your rights are protected, and you get the money that you deserve.
There Are Potentially Multiple At-Fault Parties
Legal representation becomes necessary if your case has more than one party who could be at fault for your motorcycle accident in Charleston. Determining liability can be complicated in any case. In these situations, your lawyer will analyze the evidence and ensure responsible parties are held accountable.
You Have Questions About Your Claim
If you have questions about your claim, legal deadlines, or the overall process, you will want to schedule a consultation with a Charleston motorcycle accident lawyer. With personalized guidance, you can better understand your legal rights and options.
When should you contact a lawyer? Right away. But even if you have not sought legal help, you still have options. Whether you have been recently injured or are struggling with the insurers, we can help. Contact the legal team at Hendrickson & Long, PLLC, to assist with your case.
Selecting the Best Motorbike Collision Attorney
Any type of vehicle collision is a traumatic experience, and it’s even more so when a motorcycle is involved.
At Hendrickson & Long, PLLC, we know just how devastating this situation can be. That’s why it’s in the best interest of you or your family member who’s injured to contact our office as soon as possible.
By hiring an experienced Charleston motorcycle accident lawyer from our office, you’re not only choosing the best representation for your case; you’re ensuring that your claim will be filed within the two-year statute of limitations and that all necessary evidence, statements, doctor’s bills, etc. will be presented so that you will receive the most compensation the law will allow.
Don’t seek justice on your own, let us help.
