Bicycle Accident Lawyer
in Charleston, WV
The aftermath of a bicycle accident can be an incredibly stressful time. You may be dealing with painful injuries, back-to-back medical treatments, emotional trauma, and financial difficulties. You have enough on your shoulders as it is without adding claims with stubborn insurance companies to the mix. That’s where we come in.
If you or a family member have been injured in a bike accident, the attorneys at Warner Law Offices, PLLC, can help you navigate each step of the legal process. We represent bicyclists injured in collisions involving trucks, cars, and other types of motor vehicle accidents. We offer a free initial consultation to discuss your case and outline your options, so don’t hesitate to contact our Charleston, WV, bicycle accident lawyers. Call (304) 345-6789 or fill out our online contact form today.
- How an Attorney Can Help You After a Bicycle Crash
- Causes of Bicycle Accidents in West Virginia
- How Negligence Factors Into West Virginia Bicycle Accidents
- What Damages Can You Recover After a Bicycle Accident in West Virginia?
- West Virginia Bicycle Laws
- Speak to a Charleston WV Bicycle Accident Attorney Today
How an Attorney Can Help You After a Bicycle Crash
Navigating a bicycle injury claim can feel like a full-time job, and that’s the last thing you need to deal with during this challenging time. Let our Charleston bicycle accident law firm take care of the legal details so you can focus on what matters most: your recovery.
When you turn to Warner Law Offices, our attorneys will handle every step of the process on your behalf, including the following:
- Gathering evidence from the accident to demonstrate the at-fault party’s negligence
- Reconstructing the accident scene
- Working with medical experts to establish the extent of your injuries
- Calculating your damages
- Negotiating with insurance adjusters
- Filing a bicycle accident lawsuit in court if necessary
Remember, insurance companies don’t have your best interests at heart. Recovering fair compensation from them can be an uphill battle, and it’s one that we’re ready to fight. The insurance company may attempt to blame you for the accident, but we’ll build a compelling case in your favor.
Our Charleston, WV, bicycle accident lawyers have won millions on behalf of our clients. We’ve earned a reputation for success for our aggressive advocacy, and we’re ready to put our experience to work in pursuit of the compensation and accountability you deserve.
Causes of Bicycle Accidents in West Virginia
When the driver of a car or truck fails to yield to a bicyclist in our community, it is the person on the bike who suffers serious injury. Sadly, that person is often a child.
Bicyclists have the same rights as motor vehicle drivers. Many accidents occur not because the biker did anything wrong but because the driver of the four-wheeled vehicle failed to follow the rules of the road.
The following are examples of negligence that can make a driver liable in an accident involving a bike:
- Failure to yield to a bike at an intersection
- Rear-ending a bike
- Opening the door of a parked car in front of a bike
- Clipping a bike when passing
- Hitting a bike in a bike lane
- Hitting a bike in a school zone or playground area where drivers should be watchful for children entering the roadway
Another major factor in bicycle accidents is alcohol impairment. Data from the National Highway Traffic Safety Administration shows that of all traffic crashes resulting in bicyclist fatalities in 2019, 12 percent involved an alcohol-impaired driver, while 20 percent involved an alcohol-impaired cyclist. Poor visibility at night is also a contributing factor—47 percent of bicyclist fatalities occurred in the dark.
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How Negligence Factors Into West Virginia Bicycle Accidents
Generally, you can only recover compensation after a bicycle accident if you can prove that another party is negligent. This means that they caused your injuries by breaching their duty to take reasonable care to avoid causing harm to others. Bicyclists are more vulnerable than motor vehicle drivers, so proving negligence in bicycle personal injury claims can be fairly straightforward.
Bicycle accidents sometimes occur due to the combined negligent actions or inactions of multiple individuals, and this is where things can get more complicated. Under West Virginia’s modified comparative fault law, each party in a personal injury case is assigned a percentage of fault.
Under this law, you may still be entitled to compensation as long as your percentage of fault is 50 percent or less. However, your compensation will be reduced in proportion to this percentage. For example, if you’re 20 percent at fault and the total value of your damages is $100,000, your final compensation will be reduced to $80,000.
What Damages Can You Recover After a Bicycle Accident in West Virginia?
The primary goal of a West Virginia bicycle injury claim is to recover compensation for the losses you suffered as a result of the accident. These losses may be economic or non-economic in nature. Each case is different, but common forms of compensation available after a bicycle accident in West Virginia include:
- Medical expenses – You may be eligible to recover the costs of medical treatment necessary for your recovery after the accident, including hospital stays, surgeries, medications, rehabilitation, medical devices, and other related expenses.
- Lost wages – If you had to miss work due to injuries sustained in the accident, you may be eligible to recover the wages you lost during your recovery.
- Lost earning capacity – Some bicycle accident injuries result in permanent disabilities that limit a person’s employment opportunities. If this is the case for you, your damages may account for the long-term impact on your ability to earn a living.
- Property damage – If the collision damaged your bicycle or other property, you may be entitled to compensation for repairs or replacement.
- Pain and suffering – Compensation may be available for the physical pain and emotional distress you experienced due to the accident.
You may also be entitled to punitive damages if the at-fault party’s actions were particularly malicious or involved a conscious indifference to your well-being. These are intended to punish the defendant and deter similar behavior in the future.
West Virginia Bicycle Laws
Cyclists and drivers owe other road users a duty of care, including a duty to abide by the law. A violation of the law from either party could be grounds for negligence in a West Virginia bicycle accident case. Your compensation may be reduced accordingly if you were not following state bicycle laws at the time of the accident, but it doesn’t necessarily bar you from recovering compensation.
Helmet Laws
Children under the age of 15 are required to wear helmets. If your child wasn’t wearing a helmet at the time of the accident, you may be wondering whether you can still file a personal injury claim. There is actually nothing in effect that would cause this to be factored into any damages awarded. It does not classify as contributory negligence.
Other Bicycle Laws
Cyclists and drivers have similar responsibilities on the road. However, cyclists must also:
- Use a seat that is permanent and attached
- Carry only the number of people the bike was intended for
- Remain unattached to any vehicles
- Travel in the bike lane or as close to the right-hand side as possible, with exceptions being made for passing, turning, or avoiding a hazard
- Avoid carrying anything on handlebars that can prevent proper steering
- Use a bright light on the front of their bike and a red reflector on the back
Speak to a Charleston WV Bicycle Accident Attorney Today
If you were injured in a bicycle accident at little to no fault of your own, you may be entitled to significant legal compensation. Do not hesitate to reach out to an experienced attorney. Our Charleston, WV, personal injury lawyers have experience handling a wide variety of accident types, including bicycle accidents.
We offer free consultations and work on a contingency fee basis. This means you pay zero out-of-pocket costs for our services, and there’s no risk to get started with your case. If you or a loved one were injured in a bicycle accident, call the experienced, top-rated attorneys bicycle accident attorneys at Warner Law Offices at (304) 345-6789 or contact us online for a free case evaluation.
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Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
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