At Stewart Bell, we are committed to assisting West Virginia residents in claiming recoverable damages following a motorcycle accident. We vigorously protect the rights of our valued community members. Contact a motorcycle accident lawyer in West Virginia today for a free case assessment.
Looking for a Motorcycle Accident Lawyer in West Virginia?
If you've suffered injuries from a motorcycle accident, you could be eligible for compensation. Our skilled attorneys at Stewart Bell, PLLC, have 40+ years of experience representing motorcycle accident victims throughout West Virginia, and we are ready to fight for you. Schedule your free case review with a West Virginia motorcycle accident lawyer today.
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Table of Contents
- What is Negligence in a Motorcycle Collision?
- What Does It Cost To Hire Stewart Bell, PLLC, for My Case?
- Steps To Take After a West Virginia Motorcycle Accident Injury
- What Compensation May I Be Eligible For After a West Virginia Motorcycle Crash?
- Statute of Limitations
- Common Causes of Motorcycle Collisions
- Benefits of Obtaining Legal Representation for Your Motorcycle Accident Claim in West Virginia
- Reach Out To a Seasoned Motorcycle Accident Attorney in West Virginia for Legal Guidance
- Other Case Types We Handle
What is Negligence in a Motorcycle Collision?
Proving negligence is one of the most important aspects of a successful motorcycle accident lawsuit in West Virginia. In order to prove negligence, your attorney must establish the following:
- Duty of Care: The at-fault driver was legally obligated to operate their vehicle with care and responsibility to avoid causing harm to themselves or others.
- Breach of Duty: They failed to fulfill this duty of care by not driving in a careful and responsible manner.
- Causation: The injuries sustained by the victim were directly caused by the at-fault driver’s negligent behavior.
- Injured from Accident: As a result, the victim suffered injuries or was fatally wounded.
What Does It Cost To Hire Stewart Bell, PLLC, for My Case?
Stewart Bell, PLLC, offers no-upfront costs and works on a contingency fee basis in order to represent clients in need of help, regardless of their financial situation. We are dedicated to offering accessible legal services to motorcycle accident victims in Charleston, Huntington, Dunbar, and across West Virginia.
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Steps To Take After a West Virginia Motorcycle Accident Injury
- Make sure everyone present is safe. When you interact with other parties involved, remember not to apologize or acknowledge responsibility for the incident. Insurance companies may use statements from the police report as evidence of fault to deny you the compensation you need.
- Collect information such as the driver’s full name, license details, vehicle registration number, insurance details, and contact information if you’re able. Be aware that some individuals might not stay at the scene, so gathering this information promptly is essential for pursuing justice later.
- Use your phone to take pictures of your injuries, the damage to the vehicles, and the overall scene from various angles. Include close-ups and broader shots that show vehicle positions, skid marks, street signs, and other important details. Take notes on the time of day, weather, road conditions, and any unusual behavior from the other driver involved in the accident.
- Gathering contact details and statements from witnesses is essential for your case; this helps your lawyer fully understand what happened.
Our attorneys are ready to assist you through the intricate steps of a motorcycle accident lawsuit and strive for the highest compensation on your behalf. Reach out to us to book a complimentary consultation with a seasoned motorcycle accident lawyer in West Virginia.
What Compensation May I Be Eligible For After a West Virginia Motorcycle Crash?
In cases of motorcycle accidents, individuals may be eligible for several types of damages, including:
Economic damages compensate for measurable financial losses, including lost wages, diminished earning potential, property damage, and both current and future medical costs.
Several key factors determine the economic toll of your lost earnings following an injury. These include the severity of your injuries, your projected earnings before and after the accident, your occupational field, and your age, all of which are integral in assessing the financial effects of your injuries.
You are entitled to claim compensation for property damage. You may also be fit for payments that include the costs of repairs or replacement as well as compensation for any reduction in the property’s value resulting from the accident.
Economic damages also encompass medical expenses, which may include costs for surgical procedures, physical rehabilitation, psychological therapy, medications, and hospitalizations.
Usually, you will need to allocate some of your personal injury settlement to settle any outstanding medical expenses. These costs are often a major consideration for your lawyer when calculating the appropriate settlement amount.
Non-economic damages cover losses that aren’t easily quantified in monetary terms. These typically include effects on personal relationships, like loss of consortium or companionship resulting from injuries. They also span other areas such as pain and suffering, diminished quality of life, and emotional distress. Some states have caps on non-economic damages, which may limit the compensation you can receive for these kinds of non-financial impacts.
Courts award punitive damages in situations where the defendant’s actions are particularly destructive or outrageous. Such behavior might involve grossly negligent or reckless actions, or show a profound disregard for the safety and rights of other people.
West Virginia adheres to a modified comparative negligence standard. In legal situations involving wrongful death, personal injury, or property damage, or cases grounded in tort or related theories, the principle of comparative fault is applied to determine compensation. This method distributes the liability for damages among all involved parties, including plaintiffs, defendants, and nonparties, according to each person’s percentage of fault.
Statute of Limitations
A statute of limitations is the cut-off you can start a lawsuit. Under West Virginia law, specifically WV Code §55-2-12, a personal injury lawsuit must be filed within 2 years of the accident date. Failure to meet this deadline typically means losing the opportunity to seek any compensation. For legal advice and a free case assessment, please call us to speak with one of our seasoned motorcycle accident attorneys in West Virginia.
Common Causes of Motorcycle Collisions
Choosing to ride a motorcycle immediately exposes an individual to a higher risk of injury and death. It’s essential for riders to secure the appropriate license to operate their vehicles safely. Even properly licensed riders can still be involved in accidents, whether due to their own mistakes or the negligence of other motorists.
Although not an exhaustive list, many different factors can lead to motorcycle collisions:
- Another driver not seeing the motorcycle
- Motorcycle defects
- Excessive speeding
- Blind spots
- Hazards on the road
- Drivers distracted by other activities
- Failure to yield
- Poor weather conditions
- Inexperienced motorcycle riders
- Driving while intoxicated by alcohol or drugs
- Disregarding traffic regulations
Regrettably, these factors leading to accidents often cause injuries to motorcyclists, who have minimal protection from external elements.
Benefits of Obtaining Legal Representation for Your Motorcycle Accident Claim in West Virginia
At Stewart Bell Injury Lawyers, we recognize the challenges you’ve faced and are ready to lighten your burden. Our West Virginia motorcycle accident law firm can manage the entire claims process from beginning to end and represent you in court if you decide to file a lawsuit, helping you progress past what may be one of the toughest periods of your life. Our experience, cutting-edge technology, and dedicated team of professionals are at your service.
Reach Out To a Seasoned Motorcycle Accident Attorney in West Virginia for Legal Guidance
Every case is unique, which underscores the importance of speaking with an experienced motorcycle accident attorney. Our legal team can navigate the intricacies of a motorcycle accident lawsuit and strive to secure the fullest recoverable damages for you. Contact us today to arrange a no-cost consultation with a seasoned West Virginia motorcycle accident lawyer.