Most people don't expect to get into a crash while riding their motorcycle. Sadly, motorcycle accidents are all too common and they can be absolutely catastrophic. With virtually nothing standing between them and the road, motorcycle riders can suffer severe—or even fatal—injuries. Motorcyclists fortunate enough to survive a serious crash can face a lifetime of ongoing medical treatment and financial challenges.
If you were hurt in a motorcycle crash caused by another motorist or company's negligence, you may be entitled to compensation for injuries and other damages. However, collecting a fair financial recovery in a West Virginia motorcycle accident case is harder than it sounds.
The injuries and damages in a motorcycle crash case can be substantial, as can the size of the resulting settlement or monetary award. As a result, you can expect significant resistance from the at-fault party's insurance company and/or defense attorney. It simply isn't in their best interest to fully compensate you.
Keep reading to find out what you should know before taking legal action, as well as how a skillful personal injury attorney can help you increase the chances of achieving a successful outcome.
Motorcycle Crashes: Common Causes
After a motorcycle accident, people often assume that the motorcyclist is the one responsible. Contrary to popular belief, research shows that in collisions between motorcycles and passenger vehicles, drivers are the ones who are more likely to be at fault. Common negligence-related motorcycle accident causes include:
- Distracted driving
- Drunk or drugged driving
- Drowsy driving
- Failure to watch for motorcycles when changing lanes, making left turns, etc.
- Failure to notice a motorcycle sharing a lane
- Hazardous road conditions
In motorcycle crash cases, the at-fault party is often the driver of the involved passenger vehicle. However, if the accident was caused by hazardous road conditions such as an unsafe design, inadequate maintenance, or construction errors, liable parties may include contractors or local government agencies.
Injuries Associated with Motorcycle Accidents
Since motorcycles lack exterior protection, riders are often thrown from their bikes during crashes. As a result, the injuries motorcyclists sustain in an accident can be serious, debilitating, disabling, or even deadly. Common motorcycle crash injuries include:
- Road rash (abrasion injuries)
- Broken bones
- Rider’s arm (nerve damage)
- Concussions, traumatic brain injuries (TBIs), and other head traumas
- Spinal cord injuries, which can cause varying degrees of paralysis
- Organ damage
- Internal bleeding
Damages Awarded in West Virginia Motorcycle Crash Cases
West Virginia motorcycle accident victims can take legal action to pursue compensation for a wide range of damages. Settlements or financial awards may include compensation for medical expenses, lost wages, loss of earning potential, pain and suffering, mental and emotional anguish, reduced quality of life, scarring or disfigurement, and other losses.
It's also important to note that a financial recovery should include compensation for all past, current, and future crash-related medical expenses, including ambulance transportation, emergency services, visits with doctors and/or specialists, hospitalizations, surgical procedures, medications, rehabilitative services, assistive devices, reasonable treatment-related travel expenses, and more.
Why You Need a Skilled Motorcycle Accident Attorney
A motorcycle accident attorney can help maximize your compensation in several different ways.
- An attorney can conduct a thorough investigation and gather important evidence and documentation, such as medical records, the police accident report, and employment records.
- An attorney can help you understand the insurance claims and litigation process.
- An attorney can help you overcome the institutional bias against motorcyclists.
- An attorney can negotiate a fair settlement or litigate your case in court.
Schedule an Appointment for a Free Consultation
If you were hurt in a motorcycle crash that wasn't your fault, you need seasoned legal representation. Attorney William “Ty” Nestor can help you understand your legal rights, explore your options, and fight for much-needed compensation. Contact the Nestor Law Firm today to schedule an appointment for a free initial consultation.