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You may have many questions when you are involved in a motorcycle wreck, we are here to help! We have compiled a list of the most frequently asked questions by motorcycle accident victims in the state of West Virginia.
First things first, call 911 immediately following a motorcycle crash. Once the police arrive on the scene of the accident, they will take documentation to determine the cause, as well as who is at-fault. Not all motorcycle accidents are caused by another driver; for example, dangerous road conditions could be a cause of a motorcycle accident.
After the accident is documented and fault is assessed, the next step is to seek medical treatment as soon as possible. Most likely the police will call an ambulance for any and all motorcyclists or injured car accident victims and take them to the hospital for further evaluation. Still visit the hospital even if you feel like you haven’t sustained any bodily injuries during the motorcycle accident. Some people go into shock after an accident and don’t notice their injuries until much later. Certain injuries like whiplash, concussions, and soft tissue injuries can take several hours or even days to make an appearance. Medical treatment after the accident will also prove to the insurance company that your injuries were a direct result of the crash.
When it comes to a personal injury, they don’t have to be severe to be classified as a personal injury. A personal injury is any injury that is sustained in a motorcycle accident or other types of collisions that results in pain and suffering. It’s important for all injuries to be evaluated by a medical professional.
With personal injuries come imposing medical bills and often dramatic changes to a person’s way of life. For example, some people are unable to care for loved ones after an accident, or are unable to work and bring in income to support their family. All of this will be taken into consideration when you file a claim.
Motorcyclists can experience mild to severe injuries in an accident. Some examples of injuries that can happen in a motorcycle accident include:
Yes, West Virginia is an at-fault state when it comes to any and all auto and motorcycle accidents. What is an at-fault system? An at-fault based system assigns responsibility to the person responsible for causing the accident and is therefore liable for any and all damages to the other parties involved.
However, West Virginia is a modified comparative at-fault state. Meaning that each person is liable for their degree of fault. For example, if you were in an accident and are found to be 15 percent at fault, then you would be responsible for that 15 percent of damages. This does not prevent you from filing a lawsuit against the other driver, but the maximum amount of damages you can receive will be lessened by the 15 percent you were found at fault for.
Other states may follow pure comparative fault, which means that each party can be responsible for their involvement in an incident, but they can still sue the others and collect damages, no matter how much at-fault they were. California, Florida, New York, and others are pure comparative fault states.
The time to contact a West Virginia motorcycle accident lawyer is as soon as possible following the accident. This will ensure gaining the support you need from the very beginning and receive helpful legal advice throughout the claims process.
Other motorists choose to reach out to an attorney only when their claim is denied or they do not receive fair settlement for their losses. For instance, if the bikers’ insurance company refuses to payout a compensation amount that fully covers their losses, medical expenses, and other damages, contacting an attorney is a good idea to ensure your rights are upheld and you receive a fair settlement
In the state of West Virginia, the statute of limitations to file an accident is two years from the date the accident occurred in order to seek compensation. The statute of limitations is a law that states set with a strict time limit on your right to bring a lawsuit to court. Any lawsuit over car accident injuries or damage to a vehicle or other property, will be subject to this two-year filing deadline. The two-year limitation also applies if anyone was killed as a result of a car or motorcycle accident.
The most important thing to keep in mind when choosing a personal injury attorney is their history. You want a lawyer or legal team with years of experience working with motorcycle accidents and personal injury law. Whichever route you choose, the law firm or individual should have a proven record of winning cases similar to yours.
Look for an attorney who is in your area and familiar with West Virginia motorcycle laws in terms of motorcycle accidents. If you’re unsure of the attorney you should choose, reach out to LegalFinders to get connected with the right lawyer for your particular case. The lawyer can provide you with a free case evaluation and inform you of the next steps you should take.
Have you been injured in a West Virginia motorcycle accident and aren’t sure what your next steps are? Look no further, with the expertise of LegalFinders, we make the process of finding a West Virginia motorcycle accident lawyer simple. Contact LegalFinders today for a free consultation and to be connected with a personal injury lawyer who can walk you through every step of the claims process.
The appeal of riding a motorcycle is different for every person. Whether it’s a sense of freedom, the ability to adventure, or just because it costs less than driving a car, each motorcyclist varies in their needs. Unfortunately, motorcycle accidents are known to cause some of the most life-altering injuries. Which is why you deserve someone who’s going to have your back every step of the way.
When it comes to traffic crashes, motorcyclists are significantly overrepresented in accidents and fatalities. Motorcyclists are about 29 times more likely to die in a crash than a passenger in an automobile per vehicle mile traveled and 4 times more likely to be injured. It is essential that vehicle drivers pay complete attention on the roads. Even the smallest momentary lapse in a vehicle driver’s awareness can result in the death of an unseen motorcyclist.
In the state of West Virginia, motorcycle fatalities contributed to 11 percent of the total roadway fatalities in 2019.Due to the vast amount of motorcycle accidents, lawyers are quickly becoming available in the state and willing to take on motorcycle accident cases. In Lieu to the increase in accidents, insurance companies are working hard to decrease how much they have to compensate motorcycle injury victims for their property damage and losses. Additionally, many insurance companies have a backlog of personal injury cases and other claims, meaning it could take weeks or months for the company to get to your claim.
If you’re looking for trustworthy and proven legal representation in the state of West Virginia, get in contact with LegalFinders today. We can help connect you to an experienced attorney who can ensure you’re treated fairly and that you receive the maximum compensation available for your crash.
According to records from the National Highway Traffic Safety Administration, they show that motorcycle fatalities make up a notable amount of West Virginia’s total vehicular deaths each year. Below is a look at five years from (2010 to 2014) for motorcycle accidents in West Virginia:
Motorcyclists deaths
33 out of 315
in 2020
People who died were bikers
27 out of 338
in 2021
Riders who died in 2012
31
339 total traffic fatalities
Motorcyclists deaths
24 out of 332
in 2013
People died in crashes in 2014
272
26 of which were bikers
Helmeted motorcycle accidents contributed motorcycle fatalities
94
between 2010 to 2014.
Unhelmeted motorcycle accidents resulted fatalities
45
between 2010 to 2014
West Virginia has a reputation for deadly and severe highway accidents. With its winding highways, stretches of mountainous roads, and fast and careless drivers throughout the state, it’s no surprise of the number of accidents that happen on these roads each year. According to the National Highway Traffic Safety Administration (NHTSA), 5 of America’s deadliest highways are located in West Virginia. Using road fatality statistics from NHTSA from 2004-2008, here are the 5 deadly highways listed below:
| Roadways | Descriptions |
| Interstate 81 | About 26 miles of highway that only stretch through the small, northeastern corner of West Virginia. This stretch of highway had 1.15 fatal accidents per mile due to the 30 fatal accidents and 34 fatalities between 2004 and 2008. |
| Interstate 70 | Has about 14.45 in-state miles of highway, but had 0.55 fatal accidents per mile due to the 8 fatal accidents and 8 fatalities between 2004 and 2008. |
| Interstate 68 | About 32.06 in-state miles of highway, and this stretch of road had 0.50 fatal accidents per mile due to 16 fatal accidents and 22 fatalities between 2004 and 2008. |
| Interstate 77 | Has 187.21 in-state miles of highway, and this stretch of road had 0.46 fatal accidents per mile due to 86 fatal accidents and 95 fatalities between 2004 and 2008. |
| Interstate 79 | 160.52 in-state miles of highway, and this stretch of road had 0.45 fatal accidents per mile due to 73 fatal accidents and 93 fatalities between 2004 and 2008. |
No matter who was at fault, the dedicated law offices at LegalFinders will support you every step of the way. Being a trusted source for finding lawyers who are familiar with personal injury and motorcycle claims who are located in your area. LegalFinders works for accident victims. With our help, you can put your attention where it needs to be, on recovery for yourself and loved ones involved in a motorcycle accident.
Additionally, we work with clients who have insurance coverage as well as those who don’t. No matter what situation you’re in, LegalFinders is here to help. If you have serious injuries, don’t wait. We have people standing by to help motorcycle riders get justice and a fair amount of compensation for medical care. Changing lanes shouldn’t ruin the rest of your life, and if you’re suffering after an accident, you may have a motorcycle accident claim.
Contact LegalFinders today to learn more. Disclaimer: We can only help you if you help yourself, so reach out today.
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Published: 8 April 2022
