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Charleston, WV Bicycle Accident Lawyer
Bicycle riders have little to protect them from serious harm. Accidents with motor vehicles can cause serious injuries, mounting medical bills, and emotional trauma. The aftermath of a bike crash is harrowing, especially if you have to deal with insurance companies to pursue fair compensation from negligent parties.
Warner Law Offices, PLLC is here to help. If you’ve been seriously injured while biking in Kanawha County or the Metro Valley region, our law firm can make sure the liable party is held accountable and that you are compensated for your injuries, property damage, and other losses.
To discuss what happened with experienced bicycle accident lawyers near you, contact our Charleston, WV law office today. Our attorneys offer free consultations and, more importantly, our clients don’t pay any legal fees unless we win.
- How Long Do I Have to File a Bicycle Accident Claim?
- How Our West Virginia Bicycle Accident Attorneys Can Help You
- West Virginia Bicycle Laws: Keeping Yourself Safe
- Who Is Liable for a Bicycle Accident?
- Potential Injuries After a Serious Bicycle Accident
- Damages Available in a West Virginia Bicycle Accident Claim
- How Modified Comparative Fault Affects Damages in West Virginia
- What to Do After a Bicycle Crash in West Virginia
- Contact Our Charleston, WV Bike Accident Attorneys Today
How Long Do I Have to File a Bicycle Accident Claim?
In the state of West Virginia, there is a two-year statute of limitations that applies to most vehicle accident and personal injury lawsuits. Once the deadline has passed, bike accident victims lose the opportunity to recover compensation for their injuries and other losses.
Even though you have up to two years to file a lawsuit, it’s best to contact our skilled team of bicycle accident attorneys in Charleston as soon as possible. Our lawyers will let you know if you have a viable accident case and get the legal process started.
How Our West Virginia Bicycle Accident Attorneys Can Help You
Insurance companies are businesses, and it is not unusual for them to put profits over people. When you’ve been injured in a crash, you need a West Virginia bicycle accident law firm with the resources to fight insurance companies and a strong record of positive case results.
Warner Law Offices, PLLC is here for you. We offer the advantages and attention of a small law firm with a focus on getting big results.
What Warner Law Offices, PLLC Has to Offer
We are a full-service personal injury law firm motivated by righting injustices that affect West Virginians. Some of the reasons you should partner with our award-winning attorneys include:
- We’ve recovered millions in verdicts and settlements for accident victims, including over $13 million in recovery for auto collision victims.
- We’ve been recognized as a Top 10 Personal Injury Attorney in 2024 by Best of the Best Attorneys and a Premier Law Firm by Newsweek—an honor limited to just 13 firms nationwide.
- Our law firm has spent more than two decades helping accident victims all over the state of West Virginia.
- Our attorneys were born and raised in West Virginia, and we all have a strong commitment to serving the local community.
- Our lawyers have a long history of positive client reviews.
Representation on a Contingency Fee Basis
When our Charleston bicycle accident attorneys work on your case, we will do so on a contingency fee basis. That means that our clients only pay us if we can secure a settlement or win damages in a jury trial. If we don’t win, our clients do not have to pay.
This is our way of putting bicyclists throughout West Virginia first and making sure our injured neighbors are properly cared for.
West Virginia Bicycle Laws: Keeping Yourself Safe
To stay safe and reduce your potential liability in a bicycle accident case, our bicycle accident lawyers in Charleston recommend that you follow state bike laws.
For example, under West Virginia Code § 17C-11-2, bicycle riders must follow state traffic laws, such as obeying traffic signals. Other state laws specific to bicycles include the following:
- West Virginia Code § 17C-11A-4 requires children under 15 to wear helmets.
- West Virginia Code § 17C-11-3 requires riding on a permanently attached seat with only the number of passengers the bike is designed to hold.
- West Virginia Code § 17C-11-4 prohibits bikers from clinging to vehicles.
- West Virginia Code § 17C-11-5 dictates how to operate on roadways and bicycle paths. For example, you must travel in a bike lane if available or as close to the right-hand side as possible, with some exceptions.
- West Virginia Code § 17C-11-6 prohibits carrying anything that prevents having at least one hand on the handlebars.
- West Virginia Code § 17C-11-7 details equipment requirements, such as a bright headlamp for night use and a red reflector on the back.
- 20+ Years of Experience
- Award Winning Law Firm
- No Fees Unless You Win
- Millions Won For Our Clients
Who Is Liable for a Bicycle Accident?
Generally, accident survivors can pursue compensation against any parties whose negligence contributed to the bicycle crash. Yet that’s not always straightforward. There may be multiple negligent parties whose actions contributed to a serious bike accident.
For example, if a speeding driver with defective brakes hit a bicyclist at an intersection, the bicyclist may have a case against the driver as well as the brake manufacturer. You also may have a claim against the government if poor road conditions or a malfunctioning traffic signal were a contributing factor to the crash.
Our Charleston bicycle accident lawyers will carefully investigate the crash, identifying potential causes and contributing factors. We can let you know who is liable and make sure they are held accountable.
Potential Injuries After a Serious Bicycle Accident
Since bicyclists are so vulnerable and exposed, there is a high risk of catastrophic injuries in bike accident cases. That means injuries that require a long recovery period or that cause permanent disability. Below are just some of the serious injuries that could occur if you are involved in a major bicycle accident.
Broken Bones
It can take months to heal after suffering from fractured bones. Compound fractures may even require surgery to ensure proper healing. Even after a bike crash survivor has recovered and the bone has healed, there could be lingering issues with chronic pain and changes in limb strength or function.
Dislocated Joints
A hard impact during a bicycle accident can lead to damaged or dislocated joints. Like fractured bones, serious injuries to the joints could require surgery, including total joint replacement. Even after undergoing physical rehab and occupational therapy, the affected joint may still present issues with range of motion.
Loss of Limbs
Bicyclists may experience the loss of limbs at the time of a catastrophic accident or as a result of surgical amputation while getting emergency medical care. These traumatic injuries require major changes to the way a person goes about their day. The use of prosthetic limbs and assistive devices is common in such cases. Our Charleston bicycle accident lawyers can help you seek compensation for this dramatic change in your life and livelihood.
Physical Disfigurement
Serious bicycle accidents can cause injuries to the face that change a person’s appearance. Reconstructive surgery can often address a number of issues, but some accident survivors may be left with visible scars and notable changes in the way they look.
Traumatic Brain Injury (TBI)
Even if you are wearing a helmet while riding your bike, it may not be able to fully prevent a traumatic brain injury (TBI). A severe concussion or a brain contusion can affect your life in numerous ways. The long-term effects of a TBI include loss of memory, changes in mood and mental health, issues with motor skills, and even problems with speech and communication.
Spinal Cord Injury (SCI)
A spinal cord injury (SCI) could lead to permanent changes in your mobility and use of limbs. Some bicyclists experience partial paralysis. In more serious spine injury cases, the bicyclist may be rendered paraplegic (loss of use of the lower extremities) or quadriplegic (loss of use of all limbs). If your life has been dramatically affected by a spine injury in a bicycle accident, the lawyers at our Charleston law firm are here to fight for you.
"If you've been in an accident, it's time to call Warner Law Offices. We've recovered millions of dollars for car accident victims. Don't settle for the insurance company's low offer. Call us today. No upfront costs. Free consultation. And no fees until we win your case."
Damages Available in a West Virginia Bicycle Accident Claim
If you’ve suffered any serious injuries from a bike accident, you have the right to pursue compensation from the negligent party. Damages sought after a serious bicycle accident will often include both economic damages and non-economic damages.
The team at our Charleston law firm can help you understand the value of your bike accident case by reviewing your bills, changes in your finances, and the overall impact of the incident on your quality of life.
Economic Damages After a Bike Accident
Economic damages compensate bike accident victims for the quantifiable losses related to the crash. This includes:
- Medical expenses
- Cost of vehicle repairs
- Lost wages
- Lost future earning capacity
Non-Economic Damages After a Bike Accident
Non-economic damages compensate bike accident victims for losses that aren’t as easy to quantify. This includes:
- Emotional distress
- Changes in mood or mental health
- Loss of companionship
- Pain and suffering
Damages After a Fatal Bike Accident
If you’ve lost a loved one in a fatal bike accident, you can file a wrongful death lawsuit to pursue compensation. These types of cases allow family members to seek damages related to the tragic loss of their loved one.
Damages sought after a fatal bike accident often include pain and suffering, your loved one’s medical costs before death, funeral and burial expenses, loss of companionship, lost financial support, and mental anguish.
The Potential for Punitive Damages in a Bike Accident Case
Rarely, you can also pursue punitive damages in a bike accident case if the other party acted maliciously or exhibited conscious, reckless, and outrageous indifference to your health and safety.
For example, if a drunk driver with multiple convictions hits you on your bicycle, our accident lawyers here in Charleston may pursue punitive damages to increase your total compensation.
How Modified Comparative Fault Affects Damages in West Virginia
Sometimes a bicyclist may be partly responsible for the accident. Partial fault in a bike accident may not prevent you from seeking legal damages in West Virginia, however.
Under West Virginia’s modified comparative fault law, each party is assigned a percentage of the liability for a crash, from 0 to 100. If you are 50 percent or less at fault, you can still pursue compensation against other parties. However, the damages you are awarded are reduced in proportion to your share of the fault.
For example, if you win $100,000 in damages and were determined to be 20 percent responsible for a bike accident, you can collect $80,000.
What to Do After a Bicycle Crash in West Virginia
Thinking ahead about a potential insurance claim or lawsuit after a bicycle accident is difficult. But without fair compensation, you may struggle to get needed medical care and adjust to your life after your crash. Take these steps as you move forward.
Avoid Posting on Social Media
The other party’s insurance company may check your social media account and twist your posts to show that you were not seriously hurt or were partially responsible for your crash. This evidence could significantly reduce your compensation. The best thing to do is to avoid posting about your crash on all public channels.
Complete Your Medical Treatment
If you skip medical appointments, the other party can argue your injuries are not as severe as you claim. If your doctor recommends a specialist to examine your injuries, make an appointment as soon as possible.
On a related note, if you struggle with the emotional impact of your accident, see a mental health professional. Bike accidents can be violent and terrifying, and healing your mind is essential. Keep all of your appointments as evidence of your trauma.
Don’t Quickly Accept the Insurance Company’s Settlement Offer
If you accept a settlement offer too soon, you may miss out on the compensation you deserve and need. For example, an injury that didn’t initially seem serious may require surgery or extended time off work. You cannot get additional compensation for these losses if you’ve already accepted a settlement.
Do not talk to insurance adjusters without our Charleston bicycle accident attorneys present. They may trick you into admitting fault, pressure you into an unfair settlement, or convince you to drop your case.
Consult an Attorney at Our Charleston Law Office
Some bicycle accident claims are straightforward, while others involve complex liability questions and injuries that carry long-term physical, financial, and emotional consequences. You need a bike wreck lawyer with significant experience in accident claims to help you handle insurance companies, file the necessary paperwork on time, and fight for fair compensation.
Contact Our Charleston, WV Bike Accident Attorneys Today
West Virginia law allows you to pursue what may be significant compensation when someone else’s negligence caused your bicycle accident. Our skilled bicycle accident lawyers possess considerable experience handling various accident claims in the Metro Valley area. Let us put our experience and local knowledge to work for you.
To set up a free consultation with trusted bicycle accident attorneys near you, contact our Charleston law office today.
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Charleston, WV 25301
Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
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