Charleston, WV Motorcycle Accident Lawyer
The costs of a motorcycle accident can be extraordinary and overwhelming. When someone else is responsible for a motorcycle crash, injured riders have the right to stand up and demand compensation. Our experienced Charleston motorcycle accident lawyers have won millions on behalf of injured riders across the state.
- Why Choose Our Experienced Motorcycle Accident Lawyers
- How Our Award-Winning Charleston Personal Injury Lawyers Can Help After a Motorcycle Crash
- We Handle All Types of Motorcycle Accident Cases in West Virginia
- What causes motorcycle accidents?
- Understanding Liability for Motorcycle Wrecks
- What if I’m partially at fault for a motorcycle accident?
- What damages can I recover in a motorcycle accident case?
- What should I do after a motorcycle accident?
- Common Motorcycle Injuries
- When should I hire a motorcycle accident lawyer?
- Get a Free Case Evaluation With a Motorcycle Accident Lawyer in Charleston
Why Choose Our Experienced Motorcycle Accident Lawyers
Have you recently suffered injuries or lost a close family member in a motorcycle accident? You could be entitled to compensation for costs related to your medical treatment and lost wages as well as pain and suffering. Call the skilled motorcycle accident lawyers from Warner Law Offices PLLC at (304) 345-6789. We are ready to help you fight to maximize your financial recovery.
Since 2000, Warner Law Offices PLLC has passionately advocated for motorcycle crash victims and devastated families across the state. Our award-winning West Virginia trial attorneys aren’t afraid to take on powerful insurance companies and fight to ensure that our clients’ stories are heard. Our results speak for themselves.
You don’t have to struggle with the costs and consequences of your motorcycle wreck on your own. You got hurt because someone else was careless, and Warner Law Offices PLLC is here to help you hold them accountable. Call our law office in Charleston, West Virginia, to get started. Your first case evaluation is free, so contact us today.
How Our Award-Winning Charleston Personal Injury Lawyers Can Help After a Motorcycle Crash
It is a myth that bikers usually cause motorcycle accidents. In reality, motorcycle wrecks are often caused by other drivers who don’t see bikers until it is too late. Insurance companies overlook bikers too.
After a wreck, insurance claims can prove difficult, even if you are clearly entitled to compensation. Insurance company representatives will fight you at every turn and might push responsibility for the wreck onto you.
Our Charleston, West Virginia, personal injury lawyers can help you level the playing field and give you the edge you need to win your motorcycle accident case.
We are a small firm that gets big results. When you trust us with your motorcycle accident case, you will get the personalized, compassionate representation you would expect from a small firm. At the same time, you will benefit from our extensive resources, unrivaled reputation for success, and attorneys who will go above and beyond to achieve the results you deserve.
At Warner Law Offices PLLC, we customize our approach according to your situation. While you focus on getting better, our top-rated motorcycle accident lawyers in Charleston will:
- Carefully and thoroughly investigate the circumstances of your motorcycle crash
- Analyze evidence obtained through the discovery process, including photographs, video footage,
witness statements, clothing worn at the time of the wreck, property damage, physical evidence
from the scene, medical records, and accident reports
- Work with forensic experts, medical professionals, and other specialists to demonstrate the full impact of your motorcycle injury as well as the cost associated with current and future needs
- Anticipate and defend against strategies designed to shift fault and limit your financial recovery
- Handle settlement negotiations with at-fault motorists, the insurance company, and other parties
on your behalf
- Offer guidance, support, and advice throughout the claims process
- Reject lowball offers and prepare to litigate your motorcycle accident case at trial
Our lawyers are ready to hold insurance providers responsible for fulfilling the policy terms in your contract. We know how to use the law to ensure you receive the justice and compensation you deserve.
If you retain us to address your personal injury claim, we will help you resolve your motorcycle damage claim at no upfront cost. Allow us to handle all the legal matters associated with your case from beginning to end so you can focus on your recovery.
We Handle All Types of Motorcycle Accident Cases
Our experienced law firm handles all types of motorcycle accidents, including:
- Motorcycle accidents caused by other inattentive drivers
- Highway motorcycle accidents
- Fatal motorcycle accidents
Whether we represent your interests in negotiations or court, we will customize our approach according to the unique circumstances of your case. Our tailored strategies are just one reason we get results for our clients. Contact us to learn about the other benefits you will receive when you partner with us.
What causes motorcycle accidents?
Negligence—or a failure to exercise reasonable care—is a leading cause of motorcycle accidents. Sadly, that means that most motorcycle accidents are entirely avoidable. Some of the most common contributing factors to motorcycle wrecks in Charleston and beyond include:
- Driving too fast for road or weather conditions
- Distracted driving
- Drunk driving
- Fatigued driving
- Illegal turns
- Unsafe lane change
- Failing to yield the right of way to a motorcyclist
- Following too closely
- Failing to leave enough space between a car and a motorcycle when passing
- Running red lights and stop signs
- Lane splitting
Our experienced motorcycle accident attorneys in Charleston, West Virginia, will carefully evaluate the details of your crash to determine precisely how and why it happened. Once we have identified the cause(s), we can begin to build a strong claim for damages and seek compensation from all liable parties.
How West Virginia’s Comparative Fault Law Could Affect Your Motorcycle Accident Compensation
West Virginia law follows the doctrine of comparative fault, which adds another layer of complexity to personal injury cases filed in the state. Under this law, the compensation you can receive through a personal injury lawsuit will be reduced proportionately to your contribution to the underlying cause of the accident. Further, if an accident victim contributed more than 50 percent, they will be barred from recovering any compensation.
For example, suppose you fail to yield at an intersection, but the other driver was also texting while driving. You sustain $1 million in damages. If a jury finds that your failure to yield contributed more than 50 percent to the cause of the accident, your compensation will be reduced to zero. However, if the jury finds that it only contributed 40 percent, your compensation will be reduced to $600,000.
The doctrine of comparative fault means it is even more important to work with a skilled attorney, especially when it is a close call whether or not you cross the 50-percent mark. The opposing party will push hard to prove that you crossed the threshold. You need an attorney who can push back harder.
Understanding Liability for Motorcycle Wrecks
Under West Virginia state law, liability is shared by everyone who contributes to a motorcycle accident. Pending a thorough investigation of your motorcycle wreck, liable parties might include:
- The driver of a passenger vehicle
- A truck driver
- A bus driver
- A bicyclist
- A pedestrian
- An Uber or Lyft driver
- Another motorcyclist
- The employer of a negligent party
- A property owner
- The motorcycle manufacturer
- The manufacturer of defective motorcycle safety equipment
- The government agency responsible for road design and upkeep
Warner Law Offices PLLC will invest the time, resources, and experience needed to make sure that we can accurately identify everyone who directly and indirectly contributed to your motorcycle wreck.
What if I’m partially at fault for a motorcycle accident?
After a car accident involving a motorcyclist, insurance representatives might try to shift blame from the negligent driver to the motorcyclist to avoid paying out a settlement. Under West Virginia state law, sharing responsibility for a motorcycle accident impacts a victim’s ability to recover compensation.
Sharing most of the blame (more than 50 percent) for a motorcycle collision will bar a financial recovery. Sharing some of the blame (less than 51 percent) for a motorcycle crash in Charleston will reduce your financial recovery.
Damages are reduced in direct proportion to your share of the blame. If you are 40 percent at fault, you will see a reduction in damages by 40 percent to reflect that.
At Warner Law Offices PLLC, we are ready for the insurance company’s victim-blaming tactics. Our attorneys work to discredit those claims by demanding evidence, challenging the trustworthiness of witnesses, and gathering evidence that paints a different picture. If you do share some responsibility, we will work to limit how much fault is assigned to you.
West Virginia Helmet Laws
West Virginia is one of the handful of states that requires motorcyclists to wear a helmet. This universal helmet law means that all motorcycle drivers and passengers of all ages are required to wear helmets while on the road. The law demands that helmets meet the specifications and standards established by the Federal Motor Vehicle Safety Standard 218. This includes stipulations about physical structure, durability, and the presence of a clear or tinted visor. Riders, whether they are residents or visitors to West Virginia, are expected to adhere to these provisions. It’s important to note that not wearing a helmet during the time of your accident could impact the amount of compensation you are able to recover.
What damages can I recover in a motorcycle accident case?
When you are injured in a motorcycle accident through little to no fault of your own, you are generally entitled to compensation for your financial losses and suffering. These are known as economic awards and noneconomic awards.
Our motorcycle accident attorneys in Charleston are determined to obtain the full compensation you will require for:
- Medical expenses
- Loss of income
- Future long-term care needs
- Nursing assistance
- Property damage
- Funeral expenses if a motorcycle accident is fatal
- Emotional distress
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Post-traumatic stress disorder
Our team works hard to build strong relationships with some of the best forensic experts and specialists, and we rely on their insight as we assess what your motorcycle accident case is worth.
What should I do after a motorcycle accident?
Following a motorcycle accident, it is important to:
- Call 911 to report the accident.
- Remain at the scene and exchange insurance information with other parties while you wait for the police to arrive.
- Resist the urge to say you are sorry or admit fault for the wreck (it could hurt your ability to recover compensation in the future).
- Get to the closest emergency room if you are not immediately transported by an ambulance.
- Take pictures of the scene of the accident, damage to property, and physical injuries.
- Deny the insurance company’s request to provide a recorded statement.
- Direct any questions to your motorcycle accident attorney.
Your health and safety should be your number one priority. Once you have sought medical treatment, don’t hesitate to call our motorcycle accident law firm to discuss the details of your crash.
Common Motorcycle Injuries
Motorcycle helmets can save lives and significantly reduce the likelihood of suffering a severe traumatic brain injury in a collision. Other motorcycle safety gear—including boots, jackets, and crash bars—can also blunt the extent of the injuries a rider might suffer in a wreck. However, motorcyclists still account for 11 percent of traffic accident fatalities.
Those who survive tend to suffer severe, life-changing injuries including:
Contact our Charleston, West Virginia, law office if you have recently been injured in a motorcycle crash. A member of our compassionate legal team is available to take your call—24 hours a day, 7 days a week.
West Virginia Motorcycle Accident Statistics
Motorcycle accident statistics in West Virginia reveal a concerning trend. As per the National Highway Traffic Safety Administration’s (NHTSA) latest data, motorcycle fatalities account for a significant percentage of total road fatalities in the state. This proportion has risen steeply over recent years, positioning West Virginia significantly above the national average for motorcycle-related fatalities.
In addition, reports from the West Virginia Department of Transportation echo these concerning statistics. According to them, despite motorcycles making up a minimal percentage of total registered vehicles in the state, the impact of motorcycle accidents is disproportionately high. The data also suggests that most of these accidents occur due to improper lane changes, speeding, and inattention to driving. This highlights the importance of continued education for vehicle drivers on motorcycle safety to reduce the frequency and severity of such fatal accidents. This includes keeping a safe distance from motorcyclists, making sure they are not in a blind spot before changing lanes, and limiting distractions while driving.
When should I hire a motorcycle accident lawyer?
As soon as you can.
Helpful evidence for your motorcycle injury case is strongest in the days and weeks after the crash. The more time that goes by, the less reliable it becomes. It can also get lost or forgotten over time. When you call an attorney for help, they can investigate the crash and preserve critical pieces of evidence on your behalf.
Don’t assume that you will have an unlimited amount of time to pursue compensation after your motorcycle accident. In West Virginia, a two-year statute of limitations applies to most motorcycle accident lawsuits.
If you haven’t filed a claim by the second anniversary of your motorcycle crash, you typically lose the right to recover the compensation you need and deserve.
Calling Warner Law Offices PLLC promptly after your accident helps ensure that your rights will be preserved.
Get a Free Case Evaluation With a Motorcycle Accident Lawyer in Charleston
Motorcycle collisions can have life-altering results. While it is common for victims of auto accidents to suffer injuries such as broken bones, motorcycle accident victims often suffer injuries far more severe, such as spinal cord injuries or head injuries. These individuals have significant financial needs immediately following the accident and well into their future.
If you or a loved one has suffered a catastrophic injury, or if a loved one has died in a motorcycle crash, contact our Warner Law Offices PLLC attorneys. Our firm has obtained millions of dollars in compensation for victims of serious accidents, and we are ready to take your case.
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.