Skip to content
Charleston, WV Motorcycle Accident Lawyer
Charleston roads and highways pose many risks for motorcycles. From heavy traffic to winding roads, motorcycle drivers can go unnoticed far too easily and be seriously injured in a collision. If you or a loved one was hurt because of a negligent driver, contact a motorcycle accident lawyer in Charleston, WV. They can provide compassionate support and representation throughout this difficult time.
An experienced and skilled team at Warner Law Offices, PLLC is ready to fight for you after a motorcycle accident. Our personal injury lawyers understand the devastating losses that these accidents can cause and the effect they can have on you and your family. We work closely with you to help you file a claim and navigate the legal process.
We work diligently to secure maximum compensation in your case. To request a free consultation, contact Warner Law Offices, PLLC today. You can also reach us by phone at (304) 345-6789.
Table of Contents
Why Hire a Motorcycle Accident Lawyer in Charleston, WV
Hiring a motorcycle accident attorney can give you peace of mind after a motorcycle accident and help ensure you have a higher chance of securing favorable results. Our team has a deep understanding of the West Virginia Code and how to apply it in your case. We hold at-fault parties accountable and protect your rights so you can recover as much as possible.
We provide you with full-service representation and fight to get you justice. We have a strong track record of success in getting favorable results for our clients. Our attention to detail, ability to tailor strategies to your unique circumstances, and strong negotiation skills ensure you have a strong claim that’s optimized for success.
- 20+ Years of Experience
- Award Winning Law Firm
- No Fees Unless You Win
- Millions Won For Our Clients
Common Causes of Motorcycle Accidents in Charleston and Kanawha County
Motorcycle accidents are often the result of preventable actions brought about by negligence. According to the National Highway Traffic Safety Administration’s Motorcycle Safety report, 6,335 motorcyclists were killed in the U.S. in the most recent data year. The report also estimated that motorcyclists are 28 times more likely to be killed and five times more likely to be injured than vehicle occupants. Common factors that contribute to these accidents occurring include:
- Speeding
- Distractions
- Alcohol or drug impairment
- Left turns
- Poor road conditions
- Weather conditions
- Defective parts
- Poor or irregular motorcycle maintenance
- Inexperience
Motorcyclists and motorists both have an obligation to use caution at all times, remain alert, and drive cautiously and defensively. Motorcyclists should also take extra care to be aware of their surroundings and adhere to all applicable laws. They should conduct regular maintenance on their motorcycles to ensure they are working properly, especially before riding a motorcycle in the spring. Similarly, motorcycles should be properly sized, and drivers should practice riding before going out on the road.
Who’s Liable After a Motorcycle Crash? Proving Fault in West Virginia
Determining who is at fault for a motorcycle crash is central to the claim process to recover damages. Establishing the liable party is required in personal injury cases since the rest of the case hinges on this particular element. As the injured party, you are responsible for providing evidence to conclusively show that another party was negligent and caused the injuries and suffering you are now experiencing. We can help you with this and provide evidence to satisfy the following elements of negligence:
- Duty of Care: The other motorist had a responsibility to drive safely and use caution to ensure that you were not harmed.
- Breach of Duty: They disregarded their duty by engaging in careless or reckless actions that were unsafe.
- Causation: The other party caused the accident and your injuries as a direct result of their actions.
- Damages: The at-fault party must pay for the damages they inflicted on you
Partial Fault in Motorcycle Accident Cases
Additionally, shared fault is also examined during a motorcycle claim. For example, if the accident resulted from a combination of distraction on the part of the motorist and speeding on your part, then each of you may be assigned a percentage to represent your level of contribution.
Before assuming that this means you cannot recover your losses, talk with an experienced lawyer. If you are less than 50% at fault, then you may be able to recover reduced damages according to West Virginia Code §55-7-13a.
What Compensation Can You Recover After a Motorcycle Accident?
Motorcycle accidents often result in heavy losses that can create staggering expenses. This is especially true if you suffered a catastrophic injury that requires ongoing, lifetime care. When you work with an experienced lawyer, you are more likely to recover a larger settlement to offset your losses and get the resources you need as you recover or manage your condition moving forward. Our team can assess your situation and help you recover the following types of losses, as applicable:
- Current and ongoing medical expenses, including emergency care and surgery costs
- Rehabilitative services, as well as accommodations and equipment
- Lost wages or future earnings due to injuries
- Cost to repair or replace your motorcycle and other personal belongings
- End-of-life, funeral, and burial expenses if the accident resulted in a fatality
- Pain and suffering
- Emotional distress, including anxiety, depression, and PTSD symptoms
- Decreased quality of life and enjoyment of activities
- Loss of companionship or consortium
The aftermath and losses from a motorcycle accident can be overwhelming, but a motorcycle accident law firm can provide tips to increase your personal injury settlement. Our team can also prepare you for what factors may affect the value of your settlement, which can include the scope and severity of your losses, shared fault, insurance company policy limits and tactics, and more. We work diligently to calculate the value of your case and aggressively negotiate for maximum results on your behalf.
West Virginia Motorcycle Laws That Can Impact Your Claim
Motorcycle drivers have to follow the same rules of the road as any other motorist. However, because of their unique structure, they also have to abide by a few motorcycle-specific laws. Failing to adhere to these laws or any other driving rule can impact your claim.
Motorcycle drivers and passengers must adhere to the state’s mandatory helmet laws (West Virginia Code §17C-15-44) in order to legally ride. Protective eyewear must also be worn, and motorcycles should also adhere to all other technical legal requirements outlined in the law. Furthermore, motorcycle riders are not allowed to split lanes while riding. Violating these laws could have legal repercussions, as well as affect the value of a potential settlement.
If you do happen to be partially at fault for an accident, it’s important to discuss your situation with a lawyer. They can walk you through your options and prepare you for the impact on your case in light of the state’s comparative negligence laws.
What to Do After a Motorcycle Accident in Charleston
With no outer protection, motorcycle accidents often result in serious injuries and losses. It can be hard to tell the extent of the damage done immediately after an accident, which is why it is essential to take steps to protect yourself and your ability to file a claim in the near future. This can save you a lot of stress and time during the claim process and streamline your recovery process.
Seek Medical Attention
Medical attention should be prioritized right after an accident. Paramedics and doctors can examine you for injuries and run appropriate tests to discover internal or delayed injuries. This also allows you the opportunity to document your injuries so you can provide evidence of what you suffered in your claim.
Compile Evidence of the Collision
You should also gather as much evidence as you can after an accident. File a police report and request a copy of the completed document. Insurance adjusters and lawyers review the official record of the collision during their investigations. It’s also beneficial to take your own photos and videos of the accident, if possible. Document the collision, your injuries, and motorcycle damage. If there are witnesses, get their contact information to be used later for a statement if needed.
Notify Your Insurance Company
Many insurance policies require you to notify your insurance company of your accident. Be sure to do so within the timeframe outlined in your policy. Failing to do so could make it harder to recover your losses. You should also file a claim with the other driver’s insurance company, using the information you exchanged after the accident. To minimize the risk of complications and get more favorable results, consult a lawyer before filing your claim.
How a Motorcycle Accident Law Firm Builds a Strong Case
A motorcycle accident lawyer carefully investigates and reviews the details and evidence in your case after an accident to determine what occurred and what strategies may be most effective.These cases can be complicated because of liability complications, and insurance adjusters may lie after a crash as well. We carefully craft our arguments so there is no doubt about the other driver’s role in causing your suffering. We also provide detailed information about the value of your case and aggressively negotiate until we reach satisfactory terms.
Frequently Asked Questions About Motorcycle Accidents in Charleston
Can a passenger file a motorcycle accident claim in West Virginia?
Yes, a passenger can file a motorcycle accident claim in West Virginia. If they have suffered injuries and other losses. Who they can recover compensation from depends on who was at fault for the accident. This means that they can file a claim against the motorcycle driver or the motorist involved in the accident.
In the event that fault is shared, passengers can file a claim against both parties to recover damages for their losses. Consult Warner Law Offices, PLLC to determine how to proceed.
Is Lane Splitting Legal in West Virginia?
Lane splitting is illegal in West Virginia according to West Virginia Code § 17C-7-9. Vehicles, including motorcycles, are required to remain in their designated lane while traveling, except to turn or legally change lanes.
West Virginia punishes lane splitting with a misdemeanor charge and a fine of up to $100 for a first offense, up to $200 for a second, and up to $500 for three or more offenses.
How Long Do I Have to File a Motorcycle Accident Lawsuit in West Virginia?
Motorcycle accident claims are subject to the personal injury statute of limitations in West Virginia. The law allows victims of motorcycle accidents two years from the time of their accident to file their claim and resolve their case. When a statute of limitations expires, victims are no longer able to take legal action or recover their losses. That is why it is important to act quickly so you do not risk losing valuable compensation in your case.
Time limits are also helpful for ensuring that the evidence used in your case is as effective and viable as possible, as it can degrade as time goes on, and memories may fade. Even if you think you may have waited too long, consult a lawyer first before assuming you are out of options. They can review your case and help you determine if you have a claim.
How Do Motorcycle Accident Lawyers Investigate a Crash?
Lawyers investigate motorcycle accidents by gathering evidence and talking to knowledgeable professionals in applicable industries. When handling your case, your lawyer can not only review the evidence you have already collected, but they can also gather other forms of evidence that you may not have access to yourself. This may include traffic surveillance footage, weather reports, logbooks, and black box data if a truck was involved, witness statements, defective product information, and more.
Your lawyer may also talk with your doctors, mechanics, and reconstructionists to continue their investigative efforts. These professionals can provide a clearer and more robust picture of what happened and the ramifications of the accident. Lawyers use all of this information and documentation to assess your case, determine which strategies to use, and build your case accordingly.
Contact Our Charleston Motorcycle Accident Attorneys
If you’re searching for a motorcycle accident lawyer near you, Warner Law Offices, PLLC can provide the high-quality service and dedication that you deserve. Contact our law firm today to schedule a free consultation with a motorcycle accident lawyer.
Consultation
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.
Call us 304-345-6789 or
Consultation