When a motorcycle crashes, riders lack the enclosed protection of a passenger vehicle, which is why they are likely to sustain severe or fatal injuries. Injured victims in motorcycle accidents endure financial strain due to expensive treatment plans and the inability to work.
Motorcycle accidents occur for various reasons, including overspeeding, reckless driving, or running red lights. You may be entitled to compensation if you sustain an injury in a motorcycle accident caused by someone else’s fault. Even so, you may encounter resistance from insurance companies that may reject your claim or downplay your injuries.
Our West Virginia motorcycle accident lawyers at Robinette Legal Group, PLLC, understand the difficulty of facing an insurer and are willing to protect your interests during the claim process.
We can investigate the case, gather evidence, and fight for a fair settlement value for your losses.
What should I do after a motorcycle accident in West Virginia?
If you were hurt in a motorcycle crash, knowing your rights and next steps is crucial to protecting your health and financial future. Here’s what to do:
- Seek immediate medical care – Even if injuries seem minor, internal damage can worsen. Medical records will also support your claim.
- File a police report – This creates official documentation of the crash, including date, time, fault indicators, and witness accounts.
- Notify your insurer – Let your provider know about the crash in case uninsured or underinsured coverage applies.
- Document your expenses – Keep records of medical bills, lost wages, travel costs, and therapy expenses.
- Contact a motorcycle accident lawyer – An attorney can gather evidence, deal with insurers, and file your claim on time.
Why Choose Us
Although many injured victims obtain Compensation for Motorcycle Accident
You can pursue the following damages in a motorcycle accident claim or lawsuit.
Medical Expenses
Medical expenses are one of the most common damages in a motorcycle accident case. You’re likely to incur medical costs as you recover from the injury. Medical expenses comprise a significant portion of the settlement value or award.
Medical expenses cover hospital stays, surgeries, medication, rehabilitation, physical therapy, and any other costs related to the treatment plan.
Lost Income
If you have had to miss work due to your injuries from a motorcycle accident, you may be entitled to compensation for lost income. Lost income includes any income you have lost or would have earned if you could work.
Our motorcycle accident lawyers can use the following to prove your lost income claim:
- Pay stubs
- Tax returns
- Bank statements
- Profit and loss statements
- Invoices
- Letter from an employer
Out-of-Pocket Expenses
You can also recover out-of-pocket expenses related to the accident. Out-of-pocket costs can include transportation to and from medical appointments, over-the-counter medications, home modifications, or other accident-related expenses.
Our motorcycle accident lawyers can use medical records to prove that the out-of-pocket expenses were valid and reasonable.
Pain and Suffering
Compensation for pain and suffering is intended to compensate you for the physical pain, discomfort, trauma, and inconvenience caused by the motorcycle accident. Although these damages are more challenging to quantify, compensation for pain and suffering can help cope with or recover from the injury.
Our motorcycle accident attorney can use the following sources of evidence to prove pain and suffering damages:
- Medical records
- Therapist notes
- Eyewitness statements from friends and family
- Prescription records
- Personal journal or diary
- Expert testimony
Loss of Companionship
If the motorcycle accident resulted in the loss of a loved one, you may be eligible for compensation for loss of companionship. Loss of companionship can compensate you for the loss of emotional support, love, and comfort that the deceased provided.
Loss of Enjoyment of Life
Loss of enjoyment of life damages are meant to address the limitations the accident has placed on your ability to participate in activities you once enjoyed. For example, a spinal cord injury can prevent you from participating in nature walks, your favorite activity.
Emotional Anguish
The emotional trauma resulting from a motorcycle accident can be devastating. Compensation for emotional anguish aims to provide financial relief for the psychological impact of the accident, such as anxiety, depression, sleep disorders, or fear.
For example, you may suffer depression after learning you’ll be permanently disabled or disfigured.
Permanent Disability
In cases where the motorcycle accident has resulted in permanent disabilities or impairments, you may be entitled to compensation for the lasting impact on your quality of life. Permanent disability can result in physical limitations, loss of mobility, the need for ongoing care, or inability to work.
Where Do Motorcycle Accidents Occur in West Virginia
Although motorcycle accidents can occur in any part of West Virginia, road users are at risk of crashes on specific roads.
Here are the roads where motorcycle accidents are likely to occur in West Virginia:
- Route 219: Known for its scenic beauty, Route 219 winds through the mountains, offering stunning views for riders. However, the sharp curves and steep inclines can be treacherous, especially in inclement weather.
- Route 250: Route 250 is a popular road that cuts through the Monongahela National Forest, providing riders with a serene journey through the wilderness. However, the narrow lanes and dense foliage can make visibility challenging, increasing the risk of accidents.
- Route 33: Running through the heart of the state, Route 33 offers sweeping countryside views. However, the high traffic volume and varying speed limits can lead to dangerous situations for motorcyclists.
- Route 50: As a major east-west highway, Route 50 sees heavy traffic flow throughout the year. Motorcyclists navigating this route must contend with merging vehicles, tight spaces, and unpredictable road conditions.
- Route 19: Passing through the Appalachian Mountains, Route 19 offers riders a thrilling ride amid stunning natural scenery. However, the winding roads and frequent elevation changes can catch even experienced riders off guard.
West Virginia Motorcycle Accident Attorney
If you’ve sustained an injury in a motorcycle accident, our skilled West Virginia motorcycle accident attorneys can help pursue the compensation you deserve. From investigating the crash to settlement negotiations, we provide compassionate legal support every step of the way.
Our motorcycle accident lawyer can represent you if you suffered an injury in any of the following crashes:
- Head-On Collisions: These collisions can result in severe injuries for motorcyclists due to the lack of protection compared to other vehicles. Our motorcycle accident attorneys can help gather evidence and build a strong case to prove liability and seek fair compensation.
- Lane Splitting Accidents: Lane splitting, where motorcycles ride between lanes of slow-moving or stopped traffic, can lead to accidents caused by driver negligence. Our motorcycle accident lawyers can investigate the circumstances of the accident and advocate for your rights.
- Rear-End Collisions: Motorcyclists are vulnerable to rear-end collisions, which can cause serious injuries. Our motorcycle accident attorneys can assess the extent of your damages and negotiate with insurance companies on your behalf.
- Intersection Accidents: Intersection accidents are common for motorcyclists and involve various liable parties. Our motorcycle accident lawyers have the experience to investigate claims involving multiple parties and pursue compensation for your losses.
- Hit-and-Run Accidents: If you’re involved in a hit-and-run accident while riding your motorcycle, our motorcycle accident lawyers can help pursue alternative avenues for compensation, such as uninsured motorist coverage.
Fighting the Insurance Company
You’re likely to face resistance from the insurer of the at-fault party. For example, many insurance providers work hard to minimize their financial liability. You may also face a defense attorney who can further frustrate your compensation claim.
However, you can level the playing field against an insurer with the help of our motorcycle accident attorneys.
Here’s how we can help you face an insurer:
- Negotiation Skills: Our motorcycle accident attorneys have extensive experience negotiating with insurance companies on behalf of motorcycle accident victims. We understand the tactics that insurance adjusters use to reduce or deny claims. We will use evidence to push for a higher settlement value that matches your losses.
- Thorough Investigation: We conduct a detailed investigation into the circumstances of the crash and gather evidence that supports your claim. From examining police reports to interviewing witnesses and consulting with accident reconstruction experts, we take time to build a strong case on your behalf. Documentation and investigation help us counter any challenges the insurance company poses during settlement negotiations or court proceedings.
- Court Representation: Our experienced motorcycle accident attorneys are prepared to litigate your claim if you disagree with an insurer. We can present compelling evidence, cross-examine witnesses, and make persuasive arguments before a judge or jury.
You can count on our motorcycle accident lawyers to protect your interests during negotiations or the court process as you focus on recovery.
What to Do After a Motorcycle Accident
Although being involved in a motorcycle accident is an overwhelming experience, your actions after the crash can enhance your wellness and protect your legal rights.
Here’s what to do after a motorcycle accident:
Seek Immediate Medical Attention
If you feel fine or believe your injuries are minor, visit a healthcare provider for a comprehensive evaluation. Many injuries sustained in motorcycle accidents, such as concussions or whiplash, may not present immediate symptoms but can develop into severe conditions if left untreated.
A healthcare provider can discover hidden injuries and initiate a treatment plan. They will also generate medical records, including doctor’s notes, prescription notes, diagnostic reports, and a physician’s bill.
Our motorcycle accident attorneys can use medical records to prove the extent of your injury and support your compensation claim.
Delaying medical treatment can weaken your legal case. Insurance companies may argue that your injuries were not severe or directly caused by the accident if you did not seek immediate care.
File a Police Accident Report
In many states, drivers should file a crash report when involved in a crash. For example, drivers in West Virginia must notify the police about a crash if it results in bodily injury, death, or property damage worth more than $1,000.
Here are additional reasons to file a crash report after the crash:
- Documentation: A police report provides an official record of the accident, documenting details such as the date, time, and location of the crash. Our motorcycle accident attorneys can use the report to establish liability or prove your losses.
- Investigation: A law enforcement officer will evaluate the scene and commence investigations. The process involves speaking with eyewitnesses, capturing scene images, and noting any road hazards that may have contributed to the accident.
- Legal Protection: Filing a police report can protect your legal rights if the other party in the accident disputes liability. Having an official report can strengthen your case and clarify doubts about the crash.
Inform Your Insurer About the Crash
You should also inform your insurer about the crash, even if the at-fault party has agreed to pay for the losses. Many insurers require their policyholders to make a notification about a crash within a specific window.
Your underinsurance/uninsured coverage can cover the losses if the at-fault party has no insurance or has a low coverage limit. Our motorcycle accident lawyer can also initiate a lawsuit if the at-fault party has no insurance coverage.
Consult Our Motorcycle Accident Attorney
You should also speak with our motorcycle accident attorney after sustaining an injury in a crash. We can evaluate the circumstances of the crash and advise you if you have a valid claim against the negligent party. All legal claims, including motorcycle accident claims, must adhere to legal timelines and deadlines. For example, the West Virginia statute of limitations requires injured victims to initiate a personal injury lawsuit within two years after the crash.
You can lose your legal right to compensation if you initiate a lawsuit beyond the two-year deadline. Our motorcycle accident lawyers understand the applicable deadlines in your case and will file a timely claim so you don’t lose your right to compensation. Our motorcycle accident lawyers will also advise you throughout the claim process so you can make appropriate decisions that protect your legal rights.
Get Legal Support from Our Trusted Motorcycle Accident Attorney
Call us today to find out how we can help you.
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