A Nitro Attorney With A “Hands-On” Approach To Your Motorcycle Accident Claim

What starts out as a great ride on a motorcycle can turn into a horrific accident that turns your entire life upside down in seconds. Holding a careless, negligent motorist financially accountable for their actions is essential.

Whether you are the injury victim or you have lost a loved one in a motorcycle accident, the attorneys at Peyton Law Firm, P.L.L.C., can help you seek justice. While no amount of money can restore everything, including your good health or your loved one, it can help you find some measure of financial security for the future. Since 1994, we have successfully advocated for motorcycle injury victims and their survivors in Nitro, Charleston, Huntington and other communities in Putnam County.

Common Ways Motorcycle Crashes Happen In Charleston And Huntington

The vast majority of motorcycle accidents come down to negligence on the part of other drivers. Distracted driving is virtually an epidemic in this nation, and drivers in passenger cars and trucks are often paying so much attention to other things that they do not even register the motorcyclist’s presence until it is too late.

Other common causes of motorcycle accidents in Putnam County include:

• Failure to yield on left turns: Drivers turning left at an intersection often fail to yield to oncoming motorcyclists. Motorcycles are harder to spot than cars, and drivers frequently misjudge their speed or simply do not look before turning.
• Blind-spot collisions: Due to their smaller size, motorcycles are often in a vehicle’s blind spot. When a driver changes lanes without checking, a motorcyclist in that blind spot faces a sudden, high-speed collision.
• Tailgating: When a driver follows too closely and the rider needs to brake suddenly, the result is often a rear-end collision that launches the rider off the bike.

If any of these situations led to your injuries, our attorneys can help you build a strong claim.

Why Motorcycle Accidents Can Be So Catastrophic

Because motorcyclists have less protection than those in enclosed vehicles, catastrophic outcomes of accidents are inherently more likely to happen. Common injuries in motorcycle accidents include:

• Spinal cord injuries with partial or complete paralysis
• Compound fractures in arms and legs or multiple broken bones
• Significant facial injuries, including broken teeth and permanent scarring
• Amputations of hands, arms and legs due to extensive trauma
• Life-threatening internal injuries to the lungs, heart, kidneys, spleen and more

In many cases, motorcyclists do not survive the worst crashes, leaving grieving loved ones to try to pull the fragments of their lives back together on their own.

What You Can Recover After A Motorcycle Accident

A motorcycle accident can affect your health, your ability to work and your financial future. West Virginia law allows injured riders to seek compensation for losses including:

• Emergency medical care, such as ambulance transport, emergency room treatment and surgery
• Long-term rehabilitation, including physical therapy, occupational therapy and ongoing follow-up care
• Lost earning capacity if your injuries prevent you from returning to your job or limit your ability to earn in the future
• Pain and suffering for the physical pain and emotional distress the accident has caused you
• Motorcycle and gear replacement, including your bike, helmet, protective clothing and any other damaged equipment

Take note that the at-fault driver’s insurance will not pay your medical bills as they come in. You may need to use your own health insurance to cover treatment while your claim is ongoing. Our attorneys at Peyton Law Firm, P.L.L.C., will walk you through exactly what to expect in this process, and what you can recover.

West Virginia Motorcycle Laws And Regulations

Like all states, West Virginia imposes specific laws and regulations for the legal operation of motorcycles. Understanding them can be essential for safeguarding your legal rights in the event of an accident.

• Helmet requirements: West Virginia mandates that all motorcycle riders and passengers wear helmets that meet the safety standards set by the Department of Transportation (DOT), Snell or ANSI Z 90.1. Motorcycle helmets must be securely fastened with a chin or neck strap to provide maximum protection.
• Licensing regulations: To legally operate a motorcycle on state roads, riders must obtain either a Class F motorcycle-only license or a motorcycle endorsement on their driver’s license. Accomplishing this requires passing a written knowledge test and a skills test. However, the completion of an approved Motorcycle Safety Program may waive the skills test requirement.
• Lane-splitting rules: Unlike some states, West Virginia prohibits the use of lane-splitting, meaning motorcyclists are not permitted to ride between lanes of slow-moving or stopped traffic to advance on the roadway. The regulation aims to reduce motorcycle accidents and provide safer road conditions for all motorists.

Following these laws helps to protect road users from accidents and injuries. Additionally, adherence to the law can strengthen the rider’s legal standing in the event of an accident.

FAQ: West Virginia Motorcycle Accidents

Knowing how state laws might impact your motorcycle accident claim can help you understand and strengthen your legal position. Below are answers to common questions you may have after your accident.

How do helmet laws in West Virginia impact my motorcycle accident claim?

These laws can play a role in determining compensation after an accident. If you were not wearing a helmet when the crash occurred, insurance companies may argue that your injuries were worsened due to non-compliance with safety regulations. However, since wearing a helmet does not automatically prevent injury, you may still seek compensation.

If I was partially responsible for a motorcycle accident, can I still pursue a claim?

West Virginia follows a modified comparative negligence rule, meaning injured riders can seek compensation as long as they are not more than 50% at fault for the accident. If the court finds you partially at fault for the accident or the resulting injuries, they will reduce your total payout based on that percentage.

How can I determine liability for my motorcycle accident case?

Like other car accident claims, establishing liability in a motorcycle accident depends on several factors, including road conditions, driver behavior and adherence to traffic laws. Evidence like police reports, witness statements and accident reconstruction can go a long way in showing the other party was fully or largely at fault. Our attorneys can help you gather evidence and submit a persuasive claim.

How long do I have to file a claim in West Virginia?

Under West Virginia Code § 55-2-12, you have two years from the date of your accident to file a personal injury claim. Beyond this deadline, you lose your right to pursue compensation, no matter how clear the other driver’s fault is. Therefore, it is imperative to reach out to an experienced attorney quickly to protect your right to financial recovery.

Let Us Handle The Insurance Companies And Advocate For Your Interests

Insurance companies often try to portray the victim in a motorcycle accident as somehow reckless. That is merely an effort to deflect blame from their own clients and reduce their financial obligations. Let us protect you from these kinds of tactics and help you get full compensation for your claim.

Call Peyton Law Firm, P.L.L.C., at 304-755-5556 or contact us online to schedule a free, no-obligation consultation with a lawyer here in Nitro, West Virginia. Peyton Law Firm, P.L.L.C., is what a law firm should be – and we are on your side.