There are few things more alluring than the open highway – especially West Virginia’s gorgeous mountain roads. While riding a motorcycle on these roads can be exhilarating, it is also dangerous. According to the National Highway Traffic Safety Administration (NHTSA), in a single year, 84,000 motorcyclists were injured – and 5,014 were killed in motorcycle crashes.
If you were in a motorcycle accident caused by a careless driver, poor road conditions, or a faulty motorcycle part, you may be able to file a personal injury lawsuit to recover financial compensation for your losses. Through a claim, you could receive money for your property damage, medical bills, lost wages, emotional distress, and other losses. Our team of experienced West Virginia personal injury attorneys will fight for your right to a fair settlement.
Based in Charleston, Johnstone & Gabhart advocates for accident victims throughout West Virginia. We offer free initial consultations and handle all cases on a contingency fee basis. To learn more or to set up an appointment at our law offices, reach out today.
Why Motorcycle Accidents Are So Dangerous
According to the NHTSA, motorcyclists are 29 times more likely to be killed in an accident compared to a person driving or riding in a passenger vehicle. The reason why is fairly simple: motorcycles offer very little protection to riders, have just 2 wheels, and are much smaller than other motor vehicles.
Motorcyclists are also at higher risk of being in an accident for multiple reasons. This includes:
- Road hazards – like wet pavement, uneven road surfaces, small objects like gravel, and debris – can cause motorcycles to skid or slide.
- Motorcycles are much less visible to cars, trucks, and SUVs compared to passenger vehicles.
- Motorcycles have much less stability because they are on 2 wheels instead of 4, especially at high rates of speed.
- Operating a motorcycle requires much more skill than driving a car.
For example, if a car stops suddenly in front of your SUV, there is a good chance that you will be able to stop in time. On a motorcycle, however, sudden stops can lead to your bike skidding out – which increases the risk of a crash.
Motorcyclists typically have very little in the way of protection, beyond their helmet (if wearing one) and whatever clothes are on their body. Most motorcycles also don’t have seatbelts or airbags to reduce the risk of serious injury in the event of a crash. As a result, even a relatively minor accident may result in minor injuries like road rash or severe, catastrophic injuries such as:
- Traumatic brain injury
- Internal organ damage
- Spinal cord injuries
- Broken bones
Motorcycle accidents are also much more likely to lead to fatalities and wrongful death lawsuits.
If you or your loved one has been hurt in a motorcycle crash in West Virginia, you may be able to file a claim against the at-fault driver and other responsible parties. Our law offices will work with you to help you get maximum compensation for your losses.
What You Must Prove to Win a Motorcycle Accident Claim
Most motorcycle cases are based on a theory of negligence – or carelessness. This is similar to other types of motor vehicle accident cases. In some cases, the claim may be based on intentional or reckless conduct (like drunk driving).
Generally, when operating any kind of motor vehicle, you have the duty to use reasonable care to avoid hurting other drivers, passengers, pedestrians, bicyclists, and anyone else on the road with you. If you fail to use reasonable care – such as by speeding or changing lanes without looking – and cause an accident, you could be held liable for any injuries that result.
In motorcycle crash cases, it is often the driver of a car or truck that negligently causes the accident. This can happen in a number of ways, such as not checking blind spots before making a turn or distracted driving. Motorcyclists can also be negligent by driving too fast for conditions, lane splitting, or driving under the influence of alcohol and/or drugs.
In addition to other drivers, motorcyclists may also pursue a claim against another party for their accident. For example, if a local government agency didn’t maintain a road properly, which led to a single-vehicle motorcycle crash, then the accident victim could file a claim against the government. If a motorcyclist crashed because a part on their bike – like the brakes – was defective, then they could file a product liability lawsuit against the manufacturer.
Proving that your accident was caused by someone else can be challenging. Our West Virginia motorcycle accident attorneys thoroughly investigate each case to put together the strongest possible claim for compensation. We seek out a range of evidence to prove a claim, including:
- Accident reports from law enforcement
- Photos and videos from the accident scene
- Witness statements
We also work with accident reconstruction experts to develop a better understanding of how exactly the collision occurred.
At the same time, our legal team will analyze West Virginia law to develop a legal basis for your claim. We will also gather and review all documentation related to your losses, such as estimates for repairs to your motorcycle, medical bills, and pay stubs.
Using this information, we will write a demand letter to the at-fault driver’s insurance company. This letter covers 3 areas: (1) the facts of the case; (2) the legal reason(s) why their insured is responsible for the accident; and (3) the compensation requested. The insurance company will perform its own investigation and will often respond to a demand letter with a counteroffer.
Most personal injury claims are resolved outside of court, typically through settlement. Your attorney may advise you that it is necessary to file a lawsuit. This does not mean that your case will go to trial. Instead, it is a way to preserve your legal rights while continuing negotiations and gathering more evidence.
Motorcycle Accident Compensation and Settlements
In personal injury cases, your losses are referred to as damages. You might be able to recover 3 types of damages in a motorcycle accident case: economic, non-economic, and punitive damages. Economic and non-economic damages are compensatory damages because they compensate you for your losses, while punitive damages punish someone who acted intentionally or recklessly.
Economic damages pay for your financial losses. They are often proven through things like invoices, pay stubs, and medical bills. Examples of economic damages include lost wages, reduced earning capacity, medical expenses, future medical treatment, and property damage. If you are permanently disabled from your accident, you may also recover money for other economic damages – like renovations to your house to make it accessible.
The second type of compensatory damages, non-economic damages, pays for your indirect losses. You can think of these damages as paying more for the emotional harm that you suffered as a result of the accident. Non-economic damages include money for pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life.
Many insurance companies downplay non-economic damages because they can be harder to prove. They utilize a formula based on a multiplier, assigning a number to your accident based on their opinion of its severity. They then multiply your economic damages by this number to come to an amount for non-economic damages.
The use of a multiplier often means that accident victims don’t get the money that they deserve for their losses. Our law firm works with experts and uses our knowledge of similar cases to help our clients get a fair settlement that includes money for all of their losses – not just the ones that come with a bill.
The final category of damages is reserved for cases where the at-fault party (defendant) acted intentionally or recklessly. Punitive damages are awarded as a way to penalize someone who acted in a more extreme manner – like driving drunk or purposefully running a motorcyclist off of the road. Punitive damages are capped in West Virginia at the greater of 4 times compensatory damages or $500,000.
Studies show that people who are represented by legal counsel recover an average of 40% more in personal injury claims compared to people who represent themselves. If you want to get maximum compensation for your motorcycle accident injuries, you will need an experienced West Virginia personal injury lawyer. Our law firm will fight for your right to full compensation.
We handle all of our cases on a contingency fee basis. This means that there is no risk in scheduling a free consultation with our firm. If you don’t recover money through a settlement or verdict at trial, you’ll never pay us a fee.
Hurt in a Motorcycle Crash? We Can Help.
Motorcycle accidents can be really scary and are often associated with serious injuries. If you have been hurt in a motorcycle crash, you might be able to seek financial compensation through a personal injury lawsuit. We will work with you to help you get top dollar for your claim.
Based in Charleston, Johnstone & Gabhart represents motorcycle accident victims throughout the great state of West Virginia. We are committed to helping you get justice along with the money that you need to move forward with your life. To learn more or to schedule a free initial consultation with a West Virginia motorcycle accident attorney, call us at 304-343-7100 or fill out our online contact form.
