Relevant West Virginia Laws
It’s important to understand the laws that govern motorcycle use and accident claims in West Virginia to help protect your rights after a crash. From traffic regulations to rules regarding fault and time limits for filing a claim, these laws play a significant role in determining your case’s outcome.
West Virginia Motorcycle Laws
Motorcyclists in West Virginia must comply with specific laws designed to promote safety, including:
- Helmet Requirement: All motorcyclists and passengers must wear helmets meeting the state’s safety standards.
- Headlights and Reflectors: Motorcycles must be equipped with operational headlights and reflectors, even during daylight hours.
- Licensing: Riders must have a valid motorcycle endorsement or license to legally operate their motorcycle on public roads.
Failure to adhere to these laws could impact your ability to recover compensation, as noncompliance may be used as evidence of negligence in a legal claim.
Fault in West Virginia Motorcycle Accidents
West Virginia follows a modified comparative negligence rule. This means:
- You can recover damages if you are less than 50% at fault for the accident.
- Your compensation will be reduced by your percentage of fault.
For example, if you are found 20% at fault, your total recovery will be reduced by that percentage. While this rule allows injured motorcyclists to pursue compensation even if they share some responsibility, insurance companies often attempt to use this law to shift more blame onto the rider.
A lawyer can challenge unfair claims of fault made against you and help establish the responsible party’s fault by thoroughly investigating the accident, gathering evidence such as police reports, witness statements, and expert testimony to support your claim.
Statute of Limitations
West Virginia imposes a 2-year statute of limitations on personal injury and property damage claims arising from motorcycle accidents. Failing to file a lawsuit within this timeframe typically results in losing your right to pursue compensation, so it’s important to take action as soon as possible after an accident.
Protect Your Rights With Legal Help
At Stewart Bell, PLLC, our Huntington motorcycle accident lawyers have a deep understanding of West Virginia laws and how they apply to motorcycle accident cases. We’ll work diligently to protect your rights, build a strong case, and pursue the maximum compensation you may deserve under West Virginia law. Contact us today for a free consultation and let our experienced legal team help you take the first step toward justice and recovery.