Motorcycle Accident Litigation in West Virginia
There are few things that can compare to hitting the open road on your motorcycle. This is particularly true in the Mountain State, where winding roads practically call to motorcyclists. Yet as too many West Virginia bikers have learned firsthand, riding a motorcycle can be dangerous – particularly when it comes to other drivers on the road with you. Motorcycle accidents often result in severe or even fatal injuries. If you have been hurt in a motorcycle crash, you may be entitled to compensation for your losses, including:- medical bills
- lost wages
- property damage
- pain and suffering
- and more.
Why Motorcycle Accidents Are So Dangerous
Their speed, lack of padding, proximity to the pavement, and difficulty of being seen by other drivers put motorcyclists in a particularly precarious position, regardless of whether or not they follow the laws. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle accidents are on the rise. In 2019, 5,014 motorcyclists were killed in the U.S. In West Virginia that same year, there were 28 fatal motorcycle accidents. 19 of those West Virginians who died were wearing helmets. Per vehicle miles traveled, motorcyclists are 29 times more likely to be killed in a fatal accident compared to drivers and passengers of other motor vehicles. During that same time period, 84,000 people were hurt in motorcycle crashes across the U.S. Motorcyclists are vulnerable to motorcycle accident injuries no matter how careful the riders might be or how much protective gear they might wear. They simply do not have the protection of the surrounding padding and metal provided by vehicles. When motorcyclists are hurt, their injuries are often catastrophic. Common motorcycle accident injuries include broken bones, traumatic brain injury (TBI), spinal cord damage or paralysis, and internal organ damage. If a motorcycle accident was caused by someone else’s negligence or carelessness, you might be entitled to compensation for your injuries. At Johnstone & Gabhart, LLP, our legal team has more than 50 years of combined experience representing motorcycle accident victims. We put this experience to work to help our clients get the compensation and justice that they deserve. We handle all types of accident claims, including:- Driver negligence
- Blind spot accidents
- Rear-end collisions
- U-turns
- Sudden lane changes
- Improper obstructions
- Distracted driving (including texting while driving)
- Drunk driving
- Municipal liability
- Repair shop and product liability
West Virginia Motorcycle Laws
West Virginia motorcycle laws essentially require motorcycle riders to adhere to rules of the road applicable to vehicle drivers and pedestrians. There are also laws requiring them to wear certain protective gear and regulations related to lane-splitting and lighting.Common Causes of Motorcycle Accidents in West Virginia
In 2016, 72 percent of vehicle/motorcycle crashes occurred when the motorcyclist was hit from the front. Only 7 percent of motorcycles were impacted from behind. Some of the most common causes of accidents involving cars and motorcycles include:- In 41 percent of vehicle/motorcycle crashes, the vehicle driver was turning left, but the motorcyclist was going straight. The driver turning left hits the motorcyclist broadside, or the motorcycle rider rams into the side of the vehicle.
- The motorcyclist slams into obstacles in the roadway like sand, gravel, a fallen tree branch, etc.
- A distracted driver suddenly changes lanes in front of the motorcyclist.
- A car fails to slow down or stop fast enough and hits the slowing or stopping motorcyclist from behind.
- The driver of a parked car opens the vehicle door just as a motorcyclist is riding by, causing the rider to ram into the door
- The motorcyclists lose control on a road that is slippery due to rain or snow.
- Alcohol use by either the vehicle driver or motorcycle rider or both.
Most Common Types of Injuries
Out of the 88,000 motorcycle riders or passengers each year who survive a motorcycle accident, many are injured so severely that their lives are changed forever. The three most common types of injuries include:- Broken bones: When the accident happens, the reflex of riders is to put their leg down on the ground to keep the bike from toppling over. Instead of keeping the bike upright, the leg is broken. Also commonly broken are arms and wrists, as the natural tendency is to put the arm out to break the fall. Broken shoulders and pelvises are also common.
- Road rash: The rider or passenger may be thrown off of the bike in such a way their body skids across the roadway. Even with protective gear or heavy clothing, the friction may cause the clothes to be ripped off and the skin seriously burned. Road rash can be so severe that it may be life-threatening.
- Traumatic brain injuries (TBI): When the head hits the ground, whether or not the person is wearing a helmet, the brain is jostled and may violently hit the sides of the hard skull, causing either temporary or permanent brain damage.
Motorcycle Accident Compensation Near You in West Virginia
If you were a rider or passenger in a motorcycle accident, the law provides a way for you to receive a motorcycle accident compensation from a party whose negligence caused your injuries. Negligence is a legal concept that essentially means that someone acted carelessly. A person may be considered negligent if they failed to use the level of care that a reasonable person would use in a similar situation. If you can prove that another driver was negligent in some way, then you may be entitled to financial compensation (damages) for your losses. You are generally entitled to collect damages for:- All of your medical expenses, both current and those you anticipate incurring in the future. An expert may need to review your medical records to determine if you will need future medical and/or surgical care.
- Long-term medical or nursing care. Some patients with multiple injuries or traumatic brain injuries may need lifelong nursing care, medications, and therapy.
- Rehabilitation costs. This may be long-term and may include physical rehabilitation, speech therapy, or occupational rehabilitation that is necessary to help you return to your normal functioning.
- Lost wages that you can document as a result of being unable to work, or loss of earning capacity because you will be unable to work in the future or have to change careers due to the injury.
- Pain and suffering.
- Loss of enjoyment of life when, due to your injuries, you are unable to participate in activities you enjoyed prior to the accident.
- Property damages to reimburse you for the loss of your motorcycle and protective gear.
