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Motorcycle Accident Lawyer in Morgantown, WV
The exhilaration of a motorcycle ride through Morgantown can come to an abrupt end if another vehicle strikes you during a collision. These accidents can result in severe or fatal injuries due to the impact involved in the crash. A motorcycle accident lawyer in Morgantown, WV can fight for you while you heal from your injuries and help you recover compensation to ease the burden of your loss.
Warner Law Offices, PLLC provides personal injury representation in Morgantown when you have been injured in a motorcycle wreck. Our team has a long and consistent track record of getting results for riders when they have been hurt in a collision. We understand the weight of these losses, as well as potential obstacles that can arise in these cases, and your Morgantown motorcycle crash attorney fiercely advocates for you every step of the way. For a free consultation, contact our law firm today.
Overcoming Hurdles Facing Injured Riders in West Virginia
Motorcyclists are highly vulnerable road users because their small size, coupled with a lack of outer vehicle protection, puts them at a high risk of an accident.
The Unique Vulnerability of Motorcyclists
Motorists may not see motorcycles until it’s too late, especially if the motorcycle is in their blind spot. In a collision, motorcycle drivers not only absorb the full impact of a crash, but they also suffer more than one impact — one from the initial hit and the other from contact with the pavement. This can result in catastrophic or fatal injuries.
According to the National Highway Traffic Safety Administration (NHTSA) and its report on motorcycle safety, an estimated 6,228 motorcyclists were killed in the U.S. during the most recent year of data. This number makes up 16% of all traffic-related fatalities. These staggering numbers highlight the seriousness of this problem.
The Bias Against Motorcyclists After a Crash
Sadly, motorcycle drivers are often subject to unfair social or institutional biases that can hurt the outcome of their rider accident lawsuit in Morgantown. Motorcycle drivers may be perceived as reckless or careless.
Insurance companies often exploit these biases to try to blame motorcycle drivers for the accident so they do not have to pay injured motorcyclists the full value of their losses. This is why it is essential to have legal representation so a lawyer can provide factual evidence and negotiate for you.
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Common Variables in Morgantown Motorcycle Collisions
Motorcycle accidents are often preventable because they are generally the result of negligent actions and human error. Many motorcycle collisions occur because motorists are not fully aware of their surroundings for one reason or another. Motorcycles can sit right in a vehicle’s blind spots, making it difficult for motorists to see motorcycles unless they are actively checking their surroundings. This means that lane changes or distracted driving can also contribute to accidents.
Similarly, motorists can misjudge a motorcycle’s speed or not see it and make left-hand turns in front of an oncoming motorcycle. If a motorist is impaired, this can further exacerbate their inability to take the necessary precautions to ensure motorcycle safety.
To hold these motorists accountable for their actions, you should consult a Morgantown motorcycle injury attorney to help you gather evidence that demonstrates a motorist’s negligence.
Deconstructing Severe Motorcycle Crash Injuries
Because motorcycle drivers take such a hard hit in an accident, they are more prone to severe or catastrophic injuries. These injuries can take months to recover from and may leave riders with permanent limitations and conditions. Sadly, immediate or delayed fatalities can also occur. Some common injuries that motorcycle riders may face in a crash include:
- Road rash
- Infection from open wounds
- Burn injuries
- Traumatic brain injuries (TBIs)
- Spinal injuries
- Internal bleeding and damage to organs
- Severe whiplash
- Compound fractures
- Severe muscle and joint injuries
These injuries require immediate medical care to treat injuries and minimize additional damage. It also ensures that delayed, hidden, or internal injuries are caught early, and you know the full scope of your injuries. Doctors can assess your long-term medical needs so that you understand how to manage your condition and what support you may need. Through medical records and discussions with your doctors, your Morgantown motorcycle injury attorney can use this information to ensure fair compensation.
West Virginia Motorcycle Helmet Laws and Your Civil Claim
All motorcycle riders are expected to follow helmet and equipment laws set by the state. According to West Virginia Code § 17C-15-44, motorcyclists are required to wear a securely fastened helmet that meets U.S. helmet standards. Additionally, shatter-resistant glasses, goggles, or a face shield must be worn to protect a rider’s eyes. Furthermore, state law also sets standards for motorcycle handlebars and rearview mirrors, as well as passenger and motorcycle license requirements.
Motorcycle drivers can review their rights and a state database for applicable laws and requirements via the American Motorcyclist Association website. Complying with helmet laws and other mandated requirements can directly impact your case. Compliance protects your rights and strengthens your claim to compensation, while non-compliance can cost you damages because you may be considered partially at fault in a crash. Talk to a motorcycle accident lawyer in Morgantown, WV, about your situation.
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Aggressive Representation in Motorcycle Settlement Negotiations
Warner Law Offices, PLLC takes an aggressive approach to representation. We fight to ensure you are not negatively impacted by false perceptions and the self-interest of other parties. When you hire a lawyer from our team, we go right to work investigating the accident, reviewing existing evidence, and gathering more. To gain a thorough understanding of the crash and increase your personal injury settlement value, we often work with reconstructionists to simulate the crash to determine the factors involved.
We also talk to other experts, such as medical professionals, motorcycle mechanics, and other applicable parties, to gain a comprehensive understanding and ensure you have strong evidence that supports your claim. Our attorneys use the evidence and information we gather to build a strong case that can clearly show the driver’s negligence and ensure that insurance companies treat you fairly as we negotiate motorcycle crash compensation in West Virginia on your behalf.
Total Economic Damages: Beyond Immediate Medical Bills
While medical expenses make up the majority of a settlement, it only makes up one component of your motorcycle crash compensation in West Virginia. Other losses are factored in as well, and can include:
- The cost to replace your riding gear
- Repair or replacement costs for your motorcycle
- Specialized rehabilitative care
- Lost wages or earning potential resulting from your injuries
Your lawyer adds up these various costs to determine the value of your losses and how much compensation you can request.
Compensation for Non-Economic Damages
Additionally, you may also be able to recover non-economic damages, as well, in a rider accident lawsuit in Morgantown. This type of compensation helps cover losses sustained in the form of:
- Pain and suffering
- Emotional and mental trauma
- Lost quality of life
- Loss of consortium
Formulas are used to determine how much these losses are worth so they can be included in your overall settlement.
Frequently Asked Questions About Motorcycle Crashes
Frequently Asked Questions About Motorcycle Accidents in Huntington
You may still be able to recover compensation for your losses even if you were not wearing a helmet at the time of the crash. However, under West Virginia’s modified comparative negligence law (West Virginia Code § 55-7-13a), you can recover compensation in proportion to your level of fault as long as you were 49% or less at fault. Parties who are 50% or more at fault are now allowed to recover damages at all. A lawyer can help optimize your recovery of motorcycle crash compensation in West Virginia.
Insurance companies often use the state’s modified comparative negligence system to try to place blame on motorcyclists so that they do not have to pay you as much in a settlement. Since motorcycle accident expenses are often larger and more extensive, they may question whether you were following motorcycle and road laws, minimize your condition, push back on medical care timelines, and more. Hire a lawyer to help you get a fair rider accident lawsuit in Morgantown.
Evidence is critical after a motorcycle accident to protect you and support your claim. You should file and request a copy of the police report, take photos of the accident, get witness information, and retain copies of your medical records. A Morgantown motorcycle injury attorney can help you gather additional evidence that may be less accessible.
Contact Our Morgantown Motorcycle Accident Attorneys Near You
Warner Law Offices, PLLC fights for you when you’ve suffered serious injuries and are facing resistance from the insurance company. A motorcycle accident lawyer in Morgantown, WV ensures that you do not have to navigate the claim process alone, especially while you are dealing with serious injuries. To schedule a free consultation so you can learn more about your rights and options, contact our law firm today.
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730 4th Ave
Huntington, WV 25701
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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