Bicycle Accident Lawyer in Huntington, WV

After a bicycle accident, your priority is to recover from the physical and emotional losses you suffered. You also need to consider your financial losses and who should pay for them. Warner Law Offices, PLLC, has extensive experience navigating the complexities of bike laws in West Virginia. Our bicycle accident lawyers in Huntington, WV are the legal resource you need.

During a free consultation, our Huntington, WV personal injury lawyers will discuss what happened and what your best course of action is regarding compensation and restitution. Let us provide you with insight into who is responsible, what they owe you, and what specific legal strategy is best suited for your case. We’re ready to lend a helping hand, so reach out to us today.

West Virginia Bike Laws Impacting Your Accident Case

A number of bike laws exist with the expectation of allowing bike riders and vehicles to share the road in a safe manner. That does not always happen. The following are some of the most important laws to know, as noted under West Virginia Code § 17C-11-2.

Bike riders must obey all traffic signals and traffic laws. They must ride in the same direction as traffic.
All riders under the age of 15 must wear a helmet.
Bike riders must have a bright headlamp and a red reflector at the back of the bike to prevent nighttime visibility issues.
Riders must travel in the bike lane or bike path if there is one. If not, they must ride on the right-hand side of the road, as close to the curb as possible.
Bike riders must be able to have at least one hand on the handlebars at all times and cannot cling to vehicles.

It is always in everyone’s interest to abide by traffic and bike laws. Yet, that does not mean you cannot seek compensation if you did not follow these laws perfectly.

Comparative Negligence in West Virginia and Your Bike Accident

If you are found to be partially at fault for a bike accident because you did not heed any of the cycling laws, that could impact your ability to recover damages. Under West Virginia’s comparative fault laws, §55-7-13a, you can recover damages as long as your responsibility in the accident is no more than 50%. Additionally, your compensation is reduced by the percentage of fault you have.

For example, if you failed to ride in the bike lane and you were struck by a vehicle, a judge or police officer may find you to be 25% to blame for the accident. In this case, you can still seek compensation, but the value of your losses recoverable is reduced by 25%.

A component of the work of our Huntington bicycle accident lawyers will include reducing this responsibility. We will use as much evidence as possible to demonstrate that you should not be held accountable for the losses you suffered.

Why Choose Warner Law Offices, PLLC for Your Bicycle Accident

As a recognized, award-winning personal injury firm serving West Virginia residents for decades, we bring exceptional resources and support to your case. When you hire our Huntington bicycle accident lawyers, you gain an advocate with a proven record:

We have recovered millions of dollars in losses in settlements and verdicts for our clients, including more than $13 million in various types of motor vehicle accidents.
We are local attorneys, born in West Virginia, and with a passion for supporting the communities in our state.
Our law firm was one of just 13 law firms nationwide to be recognized as a Top 10 Personal Injury Attorney in 2024 by Best of the Best Attorneys and a Premier Law Firm by Newsweek.

Our personal injury lawyers have a strong reputation within the local courts and solid testimonials from the many clients we have worked with over the years. This is part of our commitment to helping cyclists and other people seriously hurt in a crash.

Why Bicycle Accidents Happen in Huntington, WV

Huntington is a stunning place to live, and with that comes the desire to spend time out on a bike ride. For many, locations like the Paul Ambrose Trail for Health or Mountain Rim Bike Park are a good starting point. However, it is legal to ride your bike throughout the city’s commercial and residential areas. Not all areas have bike lanes.

Distracted Drivers

Bike accidents occur for dozens of reasons, but the most common is distracted driving. A driver is using their phone, adjusting the radio, or having a conversation with someone in the backseat and not paying attention to the roadway. The result is the loss of control over the vehicle when they suddenly come upon a bike rider.

Other Reckless Driving Behaviors

Other causes of bike accidents include driving under the influence, fatigued driving, careless or reckless driving, such as speeding, and simply inexperience. In every situation, our bicycle accident attorneys in Huntington will work closely with you to determine what occurred so that we can build a strong claim for you.

Determining Who Is at Fault in a Bicycle Accident

Some of the first steps our attorneys must take are uncovering fault and proving liability in a car accident. It may seem like the driver of the vehicle that struck you is at fault, but other parties could also be held accountable in some situations. It is our responsibility to determine which parties caused your injuries and losses.

Most often, the driver who hit you will be the obvious party at fault, but they may not be the only one. In some situations, the driver was operating the vehicle as part of their employment. This could indicate that the employer is responsible in some situations. Another example occurs when the city creates unsafe road conditions, or the property owner where you were hit created a hazardous condition that put you at risk.

Our bicycle accident attorney in Huntington will explore all possible avenues to ensure that any party that could be held accountable is. This extends the availability of compensation to cover your losses, and that could maximize your claim.

Potential Injuries Sustained in Bicycle Accidents

Bicycle accidents create a very high level of risk for victims because they lack any type of protection. These incidents lead to the loss of life in many situations, whether immediately upon impact or after a period of time trying to recover. If you or your loved one suffers serious injuries after a bike accident, let our team guide you in seeking compensation. Some of the most important injuries to seek legal representation for include:

Broken bones, often with complex fractures
Traumatic brain injuries and skull fractures
Amputation of digits or loss of limbs
Spinal cord injuries the cause paralysis
Disfigurement from scars and burns
Road rash resulting in infections and disfigurement

In the event that your family member lost their life as a result of a bicycle accident, we strongly encourage you to speak to our wrongful death attorneys for immediate guidance. The stakes are much higher, and the risk of being treated unfairly by insurance companies is also quite high. Let our bicycle accident attorneys in Huntington become your advocate.

Catastrophic Injuries in a Bicycle Accident

It is imperative that you hire an experienced attorney in bike accidents if you have catastrophic injuries and losses. These are injuries that are not likely to heal, but rather will continue to impact your health and well-being for years to come.

Examples of catastrophic injuries include loss of vision or hearing, amputations, and permanent disability. Your recovery of damages in these cases is essential to your ability to live a high-quality life moving forward.

Gathering Evidence in a Bicycle Accident

When you work with our attorneys, we will always seek comprehensive data to document your losses and demonstrate fault. To do that, we must be thorough in an investigation that reveals all details of what occurred and what it led to. Some of the most important strategies we use for gathering evidence in a bike accident include:

Traffic camera footage
Dash camera footage
Witness statements
Accident reconstruction work
Third-party statements
Expert testimony, especially in relation to your injuries and recovery
Police reports

Each component of evidence we obtain enables our bicycle accident lawyers in Huntington to make it clear that you did not deserve this outcome and that someone else should be paying for your losses. This is not a simplistic process, and not all evidence is readily available to you. Our extensive experience and resources enable our team to seek out evidence that may not otherwise be available.

Damages Recoverable in a Bicycle Accident Case

Victims of a serious accident have the right to seek compensation for any losses they have suffered directly from the party at fault. This often means you can pursue a claim against their insurance company for any damages you have that you can demonstrate through evidence. Our Huntington bicycle accident lawyers will build a case for you that incorporates all losses possible.

Economic damages you may be owed include:

Lost income from missed work time
Medical expenses you have and will have
Property damage and loss
Loss of earning capacity if you suffer a long-term impact
Out-of-pocket costs related to your accident or recovery

Non-economic damages after a bicycle accident may include:

Emotional distress and mental anguish
Pain and suffering
Loss of consortium or companionship
Impact on quality of life

Victims seeking damages must carefully document their value. Do not assume you know what your case is worth. Most often, clients have no idea what their losses really are until they speak to our legal team about their accident.

Punitive Damages in a Bike Accident May Be Applicable

Victims of a bicycle accident in which the party that struck you engaged in a highly reckless, outrageous, or intentional manner may be eligible for punitive damages. These kinds of damages are meant to serve as punishment for the at-fault party.

Though rarely awarded, if you were hit by a drunk driver or run off the road by an aggressive motorist, this may be awarded to you. Punitive damages can provide you with additional compensation over and above what you are awarded in compensation.

Potential Damages In a Fatal Bicycle Accident

The recovery of fair damages after a bicycle accident fatality will never seem like enough. However, immediate family members have the legal right to pursue legal action against those at fault. A component of that is documenting all losses, including funeral and burial expenses, lost financial support, pain and suffering, and end-of-life medical care.

How Long Do You Have to File a Bicycle Accident in West Virginia

After a personal injury, victims in West Virginia must act in a timely manner. Under West Virginia Code §55-2-12, you have two years from the date of the accident to take legal action against the at-fault party in a court of law. In situations where you do not take action sooner, you lose your right to sue.

Our objective as your bicycle accident lawyer is to act far sooner than the two-year statute of limitations. We seek a fair settlement through a negotiation process with the insurance company as a first step. If they refuse to treat you fairly with an award that represents your true losses, we will file a lawsuit against them.

Our experienced trial attorneys will build a strong claim, navigate the entire discovery process, and represent you in court if a settlement cannot be reached. We have a long history of providing exceptional legal representation in difficult situations like this. Expect us to be there to fight for you. Most of our cases are settled outside of court because we build a comprehensive, evidence-based claim.

Contact Our Bicycle Accident Attorneys in Huntington, WV

Put Warner Law Offices, PLLC to work on your case by contacting our law firm immediately. We service clients throughout the Metro Valley area with confidence, experience, and dedication. To request a free and no-obligation consultation with experienced bicycle accident attorneys near you, contact our law firm today.