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Charleston, WV Bicycle Accident Lawyer
Bicycle riders have little to protect them, and accidents with motor vehicles can cause serious injuries, mounting medical bills, and emotional trauma. The aftermath of a crash is harrowing, especially if you have to deal with insurance companies to pursue fair compensation from negligent parties.
An experienced Charleston, WV, bicycle accident lawyer from Warner Law Offices, PLLC, will navigate the entire legal process for you. We offer free consultations to discuss your legal options and how to fight for the compensation you deserve.
How Our Bicycle Accident Attorneys in Charleston, WV, 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 bicycle accident law firm with the resources to fight insurance companies and a strong record of positive case results.
We are a full-service personal injury law firm motivated by righting injustices. Some of the reasons you should partner with our award-winning attorneys include the following:
- We’ve recovered millions in verdicts and settlements for accident victims, including over $13 million in recovery for car accident 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 13 firms nationwide.
- We have more than two decades of experience helping accident victims.
- Our attorneys have a strong commitment to serving our community.
- We have a long history of positive client reviews.
Who Is Liable for a Bicycle Accident?
Generally, you can pursue compensation against parties whose negligence contributed to your bicycle crash.
There may be multiple negligent parties. For example, if a speeding driver with defective brakes caused your crash, you may have a case against the driver and the brake manufacturer. You also may have a claim against the government if poor road conditions were a contributing factor.
Sometimes, you may hold a percentage of responsibility for your accident. 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 pursue compensation against other parties. Your damages are reduced in proportion to your share of the fault. For example, if you have $100,000 in damages and are 20 percent responsible, you can collect $80,000.
Damages Available in a West Virginia Bicycle Accident Claim
You can ask for economic and non-economic damages in a bicycle accident case, such as:
- Current and future medical expenses
- Lost wages and earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Funeral and burial costs in a wrongful death bicycle accident claim
Rarely, you can also pursue punitive damages 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, we may pursue punitive damages to increase your potential compensation.
- 20+ Years of Experience
- Award Winning Law Firm
- No Fees Unless You Win
- Millions Won For Our Clients
West Virginia Bicycle Laws
To stay safe and reduce your potential liability in a bicycle accident case, you must follow West Virginia bicycle laws. Under West Virginia Code Section 17C-11-2, bicycle riders must follow state traffic laws, such as obeying traffic signals.
Laws specific to bicycles include the following:
- Section 17C-11A-4 requires children under 15 to wear helmets.
- Section 17C-11-3 requires riding on a permanently attached seat with only the number of passengers the bike is designed to hold.
- Section 17C-11-4 prohibits clinging to vehicles.
- Section 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.
- Section 17C-11-6 prohibits carrying anything that prevents having at least one hand on the handlebars.
- Section 17C-11-7 details equipment requirements, such as a bright headlamp for night use and a red reflector on the back.
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 at least partially responsible for your crash. This evidence could significantly reduce your compensation. The best thing to do is avoid posting about your crash altogether.
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 for your injury, make an appointment as soon as possible.
If you struggle with the emotional impacts 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 your Charleston, WV, bicycle accident attorney present. They may trick you into admitting fault, pressure you into an unfair settlement, or convince you to drop your case.
Consult an Attorney
Some West Virginia bicycle accident claims are straightforward. However, 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 auto accident claims to help you handle insurance companies, file the necessary paperwork on time, and fight for fair compensation.
"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."
Get Help With Your Bicycle Accident Claim in Charleston Today
West Virginia law allows you to pursue what may be significant compensation when someone else’s negligence caused your bicycle accident. Our skilled West Virginia bicycle accident lawyers possess considerable experience handling various accident claims, including for cyclists. Let us put our experience to work for you.
Call us for a free consultation at (304) 345-6789 or complete our contact form. We offer the personalized service of a small firm but are known for aggressive advocacy that gets big results.
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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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