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Being involved in an accident of any kind can be frightening and can result in serious injuries. This is often particularly true in the case of motorcycle accidents.
As with any vehicle accident, the first thing you will want to do is assess your injuries – and those of others involved – and seek medical attention if needed.
The next step is to exchange insurance and contact information with the other driver. But be aware that, even if the other driver’s vehicle insurance covers damages to your motorcycle, it may not cover everything you’re entitled to, like the cost of medical expenses or lost wages if you’re injured and unable to work for a period of time. This is why it can be helpful to seek legal assistance.
One factor that is specific to motorcycle accidents is helmets. In many states, motorcyclists are legally required to wear a helmet while riding. But if you weren’t wearing one, you may still be entitled to damages. There is a legal concept known as “comparative negligence,” which means that even if both parties are partially at fault, the party most at fault will be ordered to pay damages. In other words, if the driver of the other vehicle is deemed to be more at fault than the motorcyclist, damages will likely still be paid, though the amount may be less if the motorcyclist’s failure to wear a helmet, in part, contributed to his or her injuries.
If you were involved in an accident and would like legal advice, feel free to contact our team of West Virginia personal injury attorneys anytime at 877.526.3457. Or if you’d prefer to contact us online, please fill out this form and we will respond right away.
Jan Dils, Attorneys at Law