Motorcyclists enjoy the freeing feeling of riding on the open road. For many, riding motorcycles is more than just their hobby, and their motorcycles may also be their main means of transportation. However, operating motorcycles or riding as passengers on them carries heightened risks.
Unlike other types of vehicles, motorcycles do not have the frames to absorb shock or provide added protection in accidents. Because motorcyclists and their passengers have very little protection available, they are much more likely to suffer from catastrophic injuries or to be killed when they are involved in collisions with trucks or cars.
After you have been seriously injured in a motorcycle accident, you can talk with a skilled personal injury attorney to learn about your legal rights. Our West Virginia motorcycle accident lawyers can review the facts of individual cases, answer questions you may have, and explain how the process involved in these types of claims works. You should also expect to receive honest evaluations of liability in your case and the likelihood they will be able to recover damages.
At Jan Dils, Attorneys at Law, our accident attorneys are focused on the needs of the clients, placing you first. We understand how devastating motorcycle accidents can be for both injured plaintiffs as well as their families.
Lane splitting, or weaving between cars, is not prohibited in West Virginia but is still an extremely dangerous activity. Lane changing increases the risk of catastrophic accidents and makes it challenging for car and truck drivers to see motorcyclists.
Motorcyclists who are riding near intoxicated, distracted, or otherwise reckless drivers unintentionally heighten their risk of injury. Other common causes of motorcycling accidents include:
If unsafe road conditions (i.e., potholes, crumbling pavement, excessive road debris, lack of signage, etc.) contribute to a motorcyclist’s injuries, the county or West Virginia state government could bear civil liability and may be cited in legal claims subsequently filed by the injured party and his or her motorcycle accident lawyer.
Motorcycle accident cases often begin with an initial consultation in which an attorney reviews how the crash occurred, the injuries involved, and what insurance coverage may apply. Because motorcycle accidents frequently result in catastrophic injuries, early investigation is important to preserve evidence and understand how the collision happened.
Cases involving multiple vehicles can become especially complicated. Drivers may blame one another, insurance companies may dispute liability, and witnesses may provide conflicting accounts of the accident. In some situations, accident reconstruction experts, surveillance footage, and physical evidence from the crash scene become important when determining fault.
Settlement negotiations usually begin after medical records, accident reports, and evidence regarding damages are gathered. Insurance companies often attempt to minimize payouts in motorcycle accident cases by arguing the rider assumed additional risks or contributed to the collision. Negotiations may continue for months depending on the severity of the injuries and the amount of compensation being sought.
During litigation, both sides present evidence, expert testimony, and arguments regarding liability and damages. We help injured motorcycle riders understand each stage of the legal process while building strong claims to protect their financial future.
Motorcycle accidents often leave injured riders facing substantial financial and personal losses. Compensation in these cases may include emergency medical treatment, ambulance transportation, surgeries, hospitalization, and ongoing rehabilitation costs. Some riders require physical therapy, occupational therapy, or long-term medical care after traumatic brain injuries, severe burns, or spinal cord damage.
Lost income is another major concern after serious motorcycle collisions. Many injured riders cannot return to work for extended periods while recovering. Others may suffer permanent disabilities that limit future earning ability or prevent them from returning to the same type of employment altogether.
Compensation may also address non-economic damages tied to the emotional and physical impact of the crash. Pain and suffering, emotional distress, PTSD, anxiety, depression, and even loss of enjoyment of life are common issues following motorcycle crashes in West Virginia. In fatal motorcycle accident cases, surviving family members may pursue wrongful death damages for financial losses and the loss of companionship suffered after losing a loved one.
West Virginia law gives injured motorcycle riders two years from the date of the incident to file a Personal Injury lawsuit. This legal deadline, known as the statute of limitations, applies to most motorcycle accident claims throughout the state. If a lawsuit is not filed before the deadline expires, the injured person may lose the ability to pursue compensation altogether.
Waiting too long to take legal action can also create other problems beyond the filing deadline itself. Important evidence may disappear, surveillance footage could be erased, witnesses may become difficult to locate, and memories of the accident often fade over time. Serious motorcycle crashes frequently require detailed investigation, making early action especially important.
Some injured riders mistakenly believe ongoing insurance negotiations automatically extend the statute of limitations. In most situations, they do not. Insurance companies may continue discussions while the legal deadline quietly approaches. Our lawyers help injured riders understand the deadlines that apply to their cases and work to protect important evidence before it is lost.
Serious motorcycle collisions often leave people struggling with substantial financial expenses combined with physical and emotional pain and other struggles. When you are injured in a motorcycle crash, you should have strong motorcycle accident lawyers by your side.
Some of the most common injuries sustained in West Virginia motorcycle collisions include:
Since motorcycle crash injuries are often catastrophic in nature, it may be advisable for family members to contact a legal professional on an injured motorcyclist’s behalf. West Virginia law puts a two-year time limit on most motorcycle collision cases, and claims filed after the deadline expires are at risk of being dismissed. The two-year filing deadline starts on the date of the accident, making it important for you or a family member to contact a diligent motorcycle accident attorney as soon as possible. Legal claims could take weeks, if not months, to process. Acting with haste may therefore be essential to processing your case in a timely manner.
Commonly requested damages in motorcycle accident cases that our West Virginia lawyers often deal with include:
If a motorcyclist passes away as a result of his or her injuries, their surviving loved ones could file wrongful death claims. Such claims may be filed in West Virginia by surviving spouses, parents, siblings, children, and any other financially dependent members of the decedent’s family. The term ‘children’ includes biological, adopted, and stepchildren. However, West Virginia courts limit the recovery of non-economic damages to $250,000 and $500,000 for catastrophic injury damages.
The state requires all motorcycle operators to wear helmets, but they are not required to wear goggles or face shields. Necessary motorcycle equipment includes turn signals, mirrors, and handlebars positioned no higher than 15 inches above the seat. There are currently no passenger restrictions, but passengers should still wear helmets and be able to sit comfortably and securely on seats. Motorcyclists are also required to use daytime headlights while riding to increase their visibility to car and truck drivers.
We fight hard for all of our clients in order to help them recover by securing financial compensation in the amounts they deserve. A West Virginia motorcycle accident lawyer from our firm understand how to build strong cases for our clients. This may involve working with investigators, accident reconstructionists, and other experts. Call today to get started.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
