Most motorcycle crashes in West Virginia happen the same way. A driver turns left across the rider’s lane, or pulls out from a side road, or drifts over the center line in a curve, and then says the same thing to the officer: I never saw him.
That sentence is not a defense. It is an admission that the driver was not looking.
The insurance company will still try to make the crash about you. How fast you were going. What you were wearing. Whether you “came out of nowhere.” Adjusters know that many jurors carry a picture of riders as reckless, and they build their evaluation of your claim around it.
Robinette Legal Group represents injured motorcyclists in Morgantown and across West Virginia. Jeffery L. Robinette is a National Board Certified Trial Attorney who spent part of his career defending insurance companies. He knows exactly how a rider’s claim gets discounted in an adjuster’s file, and he knows how to take that discount apart.
Call (304) 594-1800 for a free case evaluation. There is no fee unless we recover for you.
The Rider Bias Problem, and How We Answer It
Every motorcycle case has two trials: the one about what happened on the road, and the one about who riders are. You have to win both.
“He was speeding.” Drivers routinely misjudge the speed of an approaching motorcycle because its narrow profile makes distance hard to read. We answer speed claims with evidence, not argument: scene measurements, crush analysis, the motorcycle’s own electronic data where it exists, nearby camera footage, and accident reconstruction.
“She came out of nowhere.” Motorcycles do not appear from nowhere. They were in the driver’s field of view, and the driver failed to see them. Sight-line analysis at the intersection or curve often proves the driver had time to see the rider and did not look.
“He lost control on his own.” Many single-vehicle motorcycle crashes are not single-vehicle crashes at all. A car that forced the rider to swerve and kept driving, gravel spilled from a truck, fresh tar on a patched lane, or an unmarked road defect can all cause a wreck without any contact. Those cases are harder, and they are winnable when the evidence is gathered early.
The helmet argument. West Virginia requires motorcycle riders and passengers to wear helmets. If you were wearing one, the defense may still argue it was not an approved helmet. If you were not, the defense will try to use that against your recovery. A helmet has nothing to do with who caused the crash, and how far the defense can take this argument depends on the specific injuries and current West Virginia law. It is a question for a lawyer, not a reason to give up on a claim.
Where Riders Get Hurt in North Central West Virginia
The roads that make West Virginia worth riding are the same roads that punish other people’s mistakes.
Two-lane mountain roads. Routes like WV 7, US 119, WV 26 into Preston County, and US 50 east of Clarksburg combine blind curves, short sight distances, and drivers who cut the center line. A car crossing into the rider’s lane in a curve is one of the most common and most serious crash patterns we see.
Interstate grades and interchanges. I-68 east of Morgantown, including the Cheat Lake and Coopers Rock stretches, and the I-79 corridor through Monongalia, Marion, and Harrison counties mix heavy truck traffic, steep grades, and merging vehicles that do not check for motorcycles.
Left turns in town. University Avenue, Patteson Drive, Van Voorhis Road, and the commercial strips along Route 705 and the Mileground produce a steady run of left turn collisions, where a driver turning across traffic misjudges or never sees an oncoming rider.
Road hazards. Gravel at the apex of a curve, loose chip seal, tar snakes, potholes, and debris from coal and gas industry trucks are small problems for a car and serious ones for a motorcycle. When a hazard was created or left by a contractor, a hauler, or a public entity, there may be a claim against them.
Deer. West Virginia is consistently ranked among the worst states in the country for deer collisions. For a rider, a deer strike or a sudden swerve to avoid one can be catastrophic. When another driver’s reaction to a deer causes a crash involving a motorcycle, that driver can be responsible.
Injuries From Motorcycle Crashes
A rider has no frame, no seatbelt, and no airbag between their body and the road. Even at modest speed, the injuries are often severe and permanent.
- Traumatic brain injury, including injuries sustained while wearing a helmet
- Spinal cord injury and paralysis
- Fractures of the legs, pelvis, arms, wrists, and collarbone
- Road rash, which can require skin grafts and leave permanent scarring
- Facial fractures and dental injuries
- Internal organ damage
- Nerve damage, including brachial plexus injuries to the shoulder and arm
- Amputation
- Burns from engine and exhaust contact
The effects do not stop at the physical. Many riders deal with post traumatic stress, anxiety, depression, and the loss of the riding that was a central part of their life. Those losses are part of the claim.
Uninsured and Underinsured Motorist Coverage: Often the Real Case
This is the part of a motorcycle claim most riders do not think about until it matters.
West Virginia’s minimum liability limits are low compared to what a serious motorcycle injury actually costs. A single surgery and hospital stay can exhaust the at-fault driver’s entire policy. When that happens, the next source of recovery is usually your own coverage.
Uninsured motorist coverage applies when the driver who hit you had no insurance, or fled the scene.
Underinsured motorist coverage applies when the driver’s policy is too small to cover your losses.
Whether you have these coverages, how much, whether they apply to the motorcycle or to other vehicles in your household, and whether multiple policies can be combined are technical questions with large dollar consequences. We review every policy that might apply, including policies on your household’s cars, before we tell you what your case is worth.
West Virginia Law Every Rider Should Know
West Virginia is a fault state. The driver who caused the crash, through their insurer, is responsible for your losses. There is no no-fault benefit to fall back on, so proving what happened is the foundation of the claim.
You generally have two years to file. The statute of limitations for personal injury in West Virginia is two years from the date of the crash. Claims involving a government entity, such as a road defect case, can involve different rules and procedures. Do not assume the general deadline applies to you.
Partial fault does not end your claim. Under West Virginia’s modified comparative fault rule, you can recover as long as your share of the fault is not greater than the combined fault of everyone else. Your award is reduced by your percentage. This is exactly why the insurer works so hard to put a number on your speed or your lane position.
Lane splitting is not legal in West Virginia. Riding between lanes of traffic is not permitted here. If the insurer claims you were lane splitting, the question becomes what the evidence actually shows.
What to Do After a Motorcycle Crash
- Call 911 and get a police report. Make sure the officer records the other driver’s statement, especially “I didn’t see him.”
- Get medical care the same day, even if you feel able to ride home. Adrenaline hides serious injuries.
- Photograph the scene, the vehicles, the road surface, any gravel or debris, skid marks, and your injuries.
- Do not repair or sell the motorcycle. It is evidence. The same goes for your helmet and gear, which can show where and how you were struck.
- Get names and phone numbers from every witness. Other riders in your group are witnesses too.
- Check for cameras. Businesses, homes, and traffic cameras overwrite footage quickly.
- Do not give a recorded statement to the other driver’s insurer.
- Stay off social media about the crash and your riding.
- Talk to a lawyer before signing anything.
What Your Claim Can Include
- Emergency care, surgery, hospitalization, and rehabilitation
- Future medical care, including follow-up surgery and life care needs for catastrophic injuries
- Lost wages and lost earning capacity
- The motorcycle, your helmet, and your riding gear
- Physical pain and suffering
- Scarring and disfigurement
- Emotional distress and loss of enjoyment of life
- Loss of consortium for a spouse
- Punitive damages, in cases of drunk driving or truly reckless conduct
Why Robinette Legal Group
Jeffery L. Robinette is a National Board Certified Trial Attorney with more than thirty-five years of experience, an AV Preeminent rating from Martindale-Hubbell, Super Lawyers designation, and membership in the Multi-Million Dollar Advocates Forum. Before representing injured people, he defended insurance companies. He knows how they value a rider’s claim because he has seen the evaluation from the inside.
Before law school, Mr. Robinette served as a jumpmaster qualified paratrooper in the U.S. Army’s 82nd Airborne Division.
The firm has long supported the riding community. For many years, we hosted Hoagy’s Heroes, the long-distance charity riders who brought donations to the Ronald McDonald House in Morgantown. Read more about the Hoagy’s Heroes visit.
We keep our caseload limited on purpose. Your case is prepared by a lawyer who knows its facts. Check out our case results to learn more.
Frequently Asked Questions
The driver says I was speeding. Does that ruin my case?
No. Speed claims against riders are extremely common and often wrong, because a motorcycle’s size makes its speed hard to judge. Even if some speed is proven, West Virginia’s comparative fault rule reduces your recovery rather than eliminating it unless your share of fault is greater than everyone else’s combined.
I wasn’t wearing a helmet. Can I still recover?
Possibly. Not wearing a helmet did not cause the other driver to hit you. How the defense can use helmet non-use depends on your injuries and current West Virginia law. Talk to a lawyer before assuming you have no claim.
The other driver had minimum coverage and my medical bills are far higher. What now?
Look to underinsured motorist coverage on your own policy and on other vehicles in your household. This is often where the real value in a serious motorcycle case comes from.
What if I laid the bike down to avoid a car and we never touched?
You may still have a claim against the driver who forced you off your line. No contact cases require witnesses and early evidence, so call quickly.
How long do I have to file a motorcycle accident claim in West Virginia?
Generally, two years from the crash. Different rules can apply to claims against government entities.
Should I fix my motorcycle right away?
Not until your lawyer has documented it. The bike and your gear are physical evidence of how the crash happened.
How much does it cost to hire you?
Nothing up front. We work on contingency, so there is no fee unless we recover for you, and the consultation is free.
Talk to a Morgantown Motorcycle Accident Lawyer
If you or someone you ride with was hurt in a crash in Morgantown or anywhere in West Virginia, call Robinette Legal Group at (304) 594-1800. Free consultation, available 24 hours a day, no fee unless we recover for you.
Call us today to find out how we can help you.
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