Rider on motorcycle in motion on asphalt road.

Have you been injured in a motorcycle accident in Charleston, WV?

Help is just a click away! Our skilled motorcycle accident attorneys will work to secure the compensation you deserve.

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Your Motorcycle Accident Attorney in Charleston, West Virginia

At Stewart Bell, PLLC, we understand the unique challenges motorcycle accident victims face after years of handling motorcycle accident cases in Charleston and across West Virginia. Our experienced attorneys are dedicated to helping you navigate the legal process and secure the compensation you deserve. If you or a loved one has been injured in a motorcycle accident in Charleston, West Virginia, we’re here to help.

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We’ll Take Care of Everything

Getting help is easy. All you have to do is call us. We want you to focus on your recovery while we take care of everything else!

We’ll Fight for What You Deserve

With our law firm on your side, you can trust your case is in good hands. Our attorneys have years of experience battling insurance companies and will fight for every penny you deserve for your injuries!

You Don’t Pay Unless We Win

Don’t think you can afford a lawyer? Our firm works on a contingency-fee basis, meaning you won’t have to pay us anything unless we win for you!

What Compensation Can You Recover After a Motorcycle Accident?

In the aftermath of a motorcycle accident, understanding the types of compensation available is crucial. In West Virginia, victims of motorcycle accidents may be entitled to several forms of compensation, including:

  • Medical Expenses: This includes costs for hospital stays, surgeries, medications, physical therapy, and any future medical needs related to the accident.
  • Lost Wages: Compensation for the income lost during recovery, as well as potential future earnings if the injury affects your ability to work.
  • Property Damage: Coverage for repairs or replacement of your motorcycle and any other personal property damaged in the accident.
  • Pain and Suffering: Monetary compensation for physical pain and emotional distress caused by the accident.
  • Loss of Consortium: Damages awarded to family members for the loss of companionship and support due to the injury.
  • Punitive Damages: In cases of extreme negligence or intentional misconduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior.

The compensation you may be qualified to receive depends on the details of your accident. Speak to a lawyer to see what your case may be worth.

What If You Are Partially At Fault For a Motorcycle Accident in West Virginia?

West Virginia follows a modified comparative fault rule, which means you can still recover damages even if you are partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For instance, if you are found to be 30% at fault, your compensation will be reduced by 30%. You must be no more than 50% at fault for the accident to still recover damages.

Proving Negligence

To successfully claim compensation, you must prove the other party was negligent. This involves demonstrating that they owed you a duty of care, breached that duty, and caused your injuries. Evidence such as police reports, witness statements, and expert testimony can be crucial in proving negligence.

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West Virginia Motorcycle Laws

Motorcyclists in West Virginia must adhere to specific laws designed to ensure their safety and the safety of others on the road. Key motorcycle laws in West Virginia include:

Under West Virginia Code §17C-15-44, all motorcycle operators and passengers are required to wear a helmet that meets the standards set by the Department of Transportation.

Riders must possess a valid motorcycle license or endorsement on their driver’s license.

Motorcycles must be equipped with proper lighting, mirrors, and other safety equipment as specified in West Virginia Code §17C-15-1.

Lane splitting, or riding between lanes of traffic, is illegal in West Virginia. Adhering to these laws not only ensures safety but also affects the outcome of any legal claims following an accident.

Riders must wear safety glasses, goggles, or a face shield unless the motorcycle has a windshield.

Motorcycle Accident Causes

Motorcycle accidents can be caused by various factors, including:

  • Distracted driving
  • Speeding
  • Drunk driving
  • Poor road conditions
  • Mechanical failures
  • Weather conditions

No Contact Accidents

In some instances, a motorcycle accident doesn’t involve a collision at all but is still the fault of someone in a car. It’s important to remember that a car doesn’t have to physically hit you in order to be at fault for your motorcycle accident.

Common Motorcycle Accident Injuries

Motorcycle accidents often result in severe injuries due to the lack of protection. Common injuries include:

  • Whiplash
  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones
  • Road rash
  • Internal injuries
  • Fatalities

What To Do After a Motorcycle Accident in Charleston

Taking the right steps immediately after a motorcycle accident can protect your rights and strengthen your claim:

  1. Seek Medical Attention: Your health is the top priority. Get medical help immediately, even if you think your injuries are minor.
  2. Report the Accident: Notify the police and file an accident report.
  3. Gather Evidence: If you are able, take photos of the accident scene, your injuries, and any property damage. Collect contact information from witnesses.
  4. Notify Your Insurance Company: Inform your insurer about the accident but avoid giving detailed statements without legal advice.
  5. Consult a Motorcycle Accident Attorney: Contact an experienced attorney to discuss your case and protect your rights.

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Charleston Motorcycle Accident FAQs

In West Virginia, the statute of limitations for personal injury claims, including motorcycle accidents, is two years from the date of the accident. It’s crucial to act within this timeframe to preserve your right to compensation.

The duration of a motorcycle accident case varies based on the complexity of the case, the severity of injuries, and whether a settlement is reached or the case goes to trial. At Stewart Bell, PLLC, our experienced motorcycle accident lawyers are committed to handling your case efficiently while potentially ensuring you receive the maximum compensation you deserve.

The value of your case depends on various factors, including the extent of your injuries, medical expenses, lost wages, and pain and suffering. An experienced motorcycle accident attorney can provide a more accurate estimate after evaluating your case.

It’s advisable to consult with a motorcycle accident attorney before accepting any settlement offers. Insurance companies often offer lower settlements to minimize their payouts. An attorney can help you negotiate a fair settlement that fully compensates you for your losses.

You should hire a motorcycle accident lawyer as soon as possible after the accident. Early involvement allows your attorney to gather evidence, handle communications with insurance companies, and build a strong case on your behalf.

Benefits of Working With Experienced Motorcycle Accident Lawyers

Navigating the legal aftermath of a motorcycle accident can be complex and overwhelming. Experienced motorcycle accident lawyers offer numerous benefits, including:

  • Legal Knowledge: Experienced attorneys understand the complexities of motorcycle accident cases and can effectively navigate the legal system.
  • Resources: Law firms have access to experts and investigators who can strengthen your case.
  • Negotiation Skills: Lawyers can negotiate with insurance companies to ensure you receive fair compensation.
  • Court Representation: If necessary, experienced lawyers will represent you in court, advocating for your best interests.

An experienced attorney handling your case can provide you peace of mind. Having a lawyer handle your case allows you to focus on your recovery without the stress of legal proceedings.

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Speak to a Motorcycle Accident Lawyer in Charleston

If you or a loved one has been involved in a motorcycle accident, it’s crucial to seek legal counsel as soon as possible. At Stewart Bell, PLLC, our experienced motorcycle accident lawyers in Charleston are dedicated to helping you navigate the complexities of your case. We offer personalized attention to ensure you receive the compensation you deserve. Contact us today for a free consultation.

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For more than 30 years, the lawyers of Stewart Bell, PLLC have helped the people and businesses of West Virginia protect their interests and rights. We understand the issues that injured people and their families face after an accident and work quickly to obtain the MAXIMUM amount of compensation for every case we handle.

We have recovered MILLIONS of dollars for clients injured because of nursing home abuse, motor vehicle accidents or medical malpractice.

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