Riding a motorcycle is a fun and liberating experience. Even so, motorcycles are less stable and visible, high-performance vehicles that expose road users to the risk of devastating crashes. Victims of motorcycle crashes endure severe and life-changing injuries.

As an injured victim, you may also endure a worsening quality of life due to the inability to participate in enjoyable activities. You may be entitled to compensation if injured in a motorcycle accident caused by someone else’s negligence. Even so, you must establish the liable party and demonstrate how their negligent actions contributed to the accident and your injuries. You should, therefore, work with a legal professional to understand and protect your legal rights.

A motorcycle accident attorney in West Virginia can investigate the cause of a crash, gather evidence, and file a claim or lawsuit against the at-fault party.

Who Is at Fault in Motorcycle Accidents

Determining who is at fault for a motorcycle crash is the foundation for a strong personal injury claim or lawsuit against the negligent party. When you identify the liable party, you can prove negligence, estimate the value of damages, and initiate a compensation claim.

Here are the different parties who may be liable for the crash:

• The Motorcyclist: In some cases, the motorcyclist may be at fault for the accident. A rider can cause a crash due to reckless driving, such as speeding, weaving in and out of traffic, or not following traffic laws. 
• The Driver of a Motor Vehicle: Often, accidents involving motorcycles are caused by the negligence of drivers of traditional motor vehicles. The driver of a bike may be liable for a crash due to actions like failing to yield, distracted driving, or driving under the influence of drugs or alcohol. These negligent behaviors can lead to devastating crashes, leading to severe injuries and fatalities.
• Road Maintenance Authorities: Poor road conditions can also contribute to motorcycle accidents. If a road is poorly maintained, has inadequate signage, or lacks proper lighting, road maintenance authorities may be held responsible for accidents that occur as a result. 
• Manufacturers: In some cases, motorcycle accidents may be caused by defects in the motorcycle itself. If a bike has a manufacturing defect or a design flaw that leads to an accident, the manufacturer may be liable for the damages.

How to Determine Fault in an Accident

Determining fault in an accident relies heavily on gathering and analyzing evidence. You’re also likely to obtain a fair settlement value for your losses if you have a claim supported by facts and tangible evidence.

By carefully evaluating the available facts, you can strengthen your case, avoid disputes, and enhance your chances of securing a fair settlement for your losses and injuries.

Here are the different sources of evidence to prove fault in a motorcycle crash:

• Witness Statements: Eyewitness accounts can provide valuable insight into how the accident occurred. Their unbiased recollection of the events can help establish who was at fault.
• Police Reports: Official police reports detail the circumstances of the accident, including any citations issued and the officer’s opinion on fault. A motorcycle accident attorney can use a police crash report to establish liability and support your claim.
• Photos and Videos: Visual evidence, such as photographs of the accident scene, vehicle damage, and road conditions, can offer a clear depiction of what transpired. Video footage from surveillance cameras or dashcams can also be invaluable.
• Accident Reconstruction: A report from an accident reconstruction expert can help explain how the crash occurred. The report considers factors like skid marks, vehicle positioning, and impact points and provides a detailed account of the events leading up to the accident.
• Vehicle Damage: Inspecting the damage to the vehicles involved can reveal more information about the crash. Damage patterns can indicate the point of impact and help establish the speed and direction of the vehicles at the time of the crash.
• Medical Records: Medical records documenting your injuries can link them directly to the accident. The documentation can show the severity of your injuries and the need for compensation.
• Traffic Laws and Regulations: A traffic citation can supplement other sources of evidence. You can use a traffic citation to prove a crash if one party violated a traffic law, such as running a red light or speeding.
• Expert Opinions: Expert opinions from medical professionals, accident reconstruction specialists, or other professionals can provide valuable insights into the cause of the accident. Their experience adds credibility to your case.

Who Is at Fault in Most Motorcycle Accidents

Determining fault in a motorcycle crash involves numerous factors. However, most motorcycle accidents occur due to the negligence of other drivers on the road. These accidents often happen when drivers fail to see motorcyclists due to their smaller size or fail to yield the right of way.

Furthermore, common factors contributing to motorcycle accidents include distracted driving, speeding, and driving under the influence. These reckless behaviors significantly increase the likelihood of accidents involving motorcyclists.

Can I Sue for a Motorcycle Accident

Filing a personal injury lawsuit after a motorcycle crash allows for a neutral assessment of your claim. Here are a few scenarios when you sue after a motorcycle crash:

You Have Sustained a Severe Injury

Motorcycle accidents often result in severe injuries due to the lack of protection compared to other vehicles. If you have sustained serious injuries such as spinal cord damage, traumatic brain injury, or broken bones, you may have a strong case for seeking compensation.

Recovering from a severe injury may require a lengthy treatment plan and hefty medical expenses. It may also affect your psychological well-being due to emotional anguish, pain, and suffering.

You can file a personal injury lawsuit to obtain compensation for your losses. Unlike a personal injury claim, a lawsuit allows for a neutral assessment by a judge or jury, which can lead to a positive outcome.

Permanent Disability

In some unfortunate cases, motorcycle accidents can lead to permanent disability, impacting your ability to work or enjoy life as you did before the accident. If you are facing a permanent disability as a result of a motorcycle crash, pursuing legal action may be necessary to secure your future financial stability.

Wrongful Death of a Loved One

Tragically, some motorcycle accidents result in the wrongful death of the rider. If you have lost a loved one in a motorcycle crash caused by another party’s negligence, you can file a wrongful death lawsuit to hold the responsible party accountable.

Only a personal representative (the executor or administrator) in West Virginia can initiate a wrongful death lawsuit. The representative is either named in a deceased’s will or appointed by the court.

However, the recovered compensation may benefit certain family members, including:

• The surviving spouse
• Children(including adopted and grandchildren)
• Siblings
• Parents
• Other financially dependent family members

Negligent or Reckless Driving

The negligent or reckless behavior of other drivers on the road often causes motorcycle accidents. You can sue the negligent party if the accident occurred due to another driver’s careless actions, such as speeding, distracted driving, or failing to yield the right of way.

Insurance claims have policy limits. A lawsuit increases the chances of obtaining a fair settlement value that matches your losses. A court may also award you punitive damages and additional compensation to punish the reckless driver and deter similar misconduct.

Hit and Run

You can sue after identifying the driver responsible for the hit-and-run crash. You can file a lawsuit to recover your injury-related losses. They may also be subject to punitive damages due to their reckless and unlawful behavior.

If the driver can’t be found or has no assets, a lawsuit may not result in compensation. You should consult a motorcycle accident attorney who can explore other options, like underinsurance or uninsured coverage.

Uninsured Driver

In cases where the at-fault driver is uninsured or underinsured, you may face challenges in recovering compensation for your injuries and damages. However, having uninsured motorist coverage can help protect you in such situations and allow you to seek compensation from your insurance provider.

A motorcycle accident attorney can also initiate a personal injury lawsuit if the at-fault party has low insurance coverage. If you win the lawsuit, the court can issue an award valid for several years, giving you time to collect damages when the at-fault party’s finances improve.

Low-ball Settlement or Rejected Claim

Many insurance adjusters work hard to minimize the financial liability of their employers. For example, they may reject your claim or make a low-ball settlement that does not adequately cover your expenses and losses.

Suing signals the insurer that you’re serious about pursuing your injury-related losses. A motorcycle accident lawsuit can pressure the insurer to evaluate its offer, often leading to more meaningful negotiations.

What Does a Motorcycle Accident Lawyer Do

Although many motorcycle accident victims obtain compensation from the insurer of the at-fault party, some cope without support. Working with a motorcycle accident lawyer increases the chances of receiving compensation for your losses.

A motorcycle accident lawyer can support you in the following ways:

Legal Advice and Guidance

After a motorcycle accident, you may be feeling overwhelmed and unsure of your next steps. A seasoned motorcycle accident lawyer can provide you with the legal advice and guidance you need to overcome the aftermath of the crash.

They will evaluate the circumstances of the crash and determine if you have a valid claim against the negligent party. They will also advise throughout the claim process so you can make appropriate decisions that protect your legal right to compensation.

A motorcycle accident lawyer will also help adhere to the legal timelines and deadlines. For example, the West Virginia statute of limitations requires injured victims to initiate a claim within two years after the accident.

You can lose your right to compensation if you initiate the claim beyond the two-year deadline. A motorcycle accident lawyer understands the applicable deadlines in your case and will file a timely claim so you don’t lose your right to compensation.

Establishing the Value of Damages

You can only recover a fair settlement value for your losses after understanding the value of your damages. A skilled motorcycle accident attorney understands the impact of an injury and the applicable damages in your claim.

A motorcycle accident lawyer will use evidence to determine the full extent of your damages and losses. For example, they can use pay stubs, tax returns, or bank statements to determine the value of your lost income.

A motorcycle accident attorney can also determine if you’re eligible for the following damages:

• Medical expenses
• Out-of-pocket expenses
• Pain and suffering
• Emotional anguish
• Loss of companionship
• Loss of enjoyment of life
• Permanent disability/disfigurement
• Punitive damages

Negotiating With Insurers

You’re likely to face stiff resistance from an insurer of the negligent party who works hard to downplay your injuries and losses. An experienced motorcycle accident lawyer can handle all communications with the insurance company on your behalf.

They will also evaluate the merits of the settlement offers and advise you whether to accept or push for a higher value. A motorcycle accident lawyer will also use evidence and their negotiation skills to fight for a fair settlement value.

Representation in Court

If you can’t settle with an insurer, your case will proceed to court, and having a dedicated motorcycle accident lawyer will make a difference. They will represent you in court, make compelling arguments before a jury, and fight tirelessly for your rights.

Get the Compensation You Deserve After a Motorcycle Accident

You’re likely to encounter financial strain after being injured in a motorcycle accident. For example, a severe limb fracture can keep you out of work for several months, leading to a loss of income.

Despite your legal right to compensation for the above losses, the at-fault party’s insurer can shift the blame to you. A motorcycle accident attorney will use evidence to demonstrate liability and push for a fair settlement that covers your losses. Contact us online or at (304) 594-1800 for legal support after the crash.