If you were injured in a motorcycle accident with another vehicle, no one has to tell you that you probably got the worst end of it. You have very little protection from anything that your body contacts forcefully when you’re riding a motorcycle. It’s no surprise that you have experienced some serious injuries. And it’s pretty clear the other driver didn’t see you when he turned right in front of you.
So what do you do now?
You may be able to recover financial compensation from the other motorist’s insurance company. But they aren’t just going to hand it over. In fact, they will be looking for ways to limit the amounts they have to pay out and you need to be aware that it is always about their bottom line. That’s why you really do benefit from working with an attorney who knows the game and how to win at it.
The Charleston motorcycle accident attorneys at Salango Law know how often other motorists fail to see motorcycles, resulting in serious injury accidents. We get motorcycle accident victims the compensation they deserve for the losses they have suffered.
Salango Law Gives You the Best Chance of Winning
We’re friendly, experienced and efficient. We will get the job done right for you.
- Our results-based approach produces positive outcomes. We offer our clients solutions rather than excuses.
- Our success has made us a “go-to” law firm. We have developed a reputation because of the positive impact we have made for our clients and our community.
Charleston Motorcycle Accident Resources & FAQs
- Why You Need a Motorcycle Accident Attorney in West Virginia
- Determining Fault in a Charleston Motorcycle Accident
- Injuries Commonly Sustained in Motorcycle Accidents
- What Compensation Is Available for Motorcycle Accident Injuries?
- What to do Following a Charleston Motorcycle Accident
- Handle Your Charleston Motorcycle Accident Injury Claim With Us
Why You Need a Motorcycle Accident Attorney in West Virginia
In motorcycle accidents, the other motorist will often try to place some responsibility on the motorcycle driver. Perhaps you ‘came out of nowhere.’ Or maybe it will be suggested that you were going too fast and the other driver had insufficient time to react. A motorcycle accident attorney knows to anticipate pushback from an insurance company and will investigate and provide evidence to demonstrate how the other motorist caused the accident. An attorney will also be familiar with the type of injuries you experienced and know what information is necessary to make sure you get all of the compensation you should receive.
Determining Fault in a Charleston Motorcycle Accident
The determination of fault is critical to how much or even if you can recover for your injuries. West Virginia law says that a person can seek financial recovery from another for injuries from an accident as long as the injured person is not more than 50% responsible for the accident. If the injured person is more than 50% responsible for the accident, all recovery is barred. If the injured person is 50% or less responsible then the recovery is reduced by the injured person’s percentage of fault.
A common reason that a motorcyclist might be assessed some responsibility for an accident is speeding. Another reason might be that the motorcyclist made a sudden ‘unsafe’ lane change. Or maybe it will be suggested that a motorcycle was following another vehicle too closely. A good motorcycle accident lawyer will know how to minimize any behavior on the part of the motorcyclist that might influence the determination of fault for the accident.
Injuries Commonly Sustained in Motorcycle Accidents
When you think of the kinds of injuries that might occur in motorcycle accidents, head injuries come to mind. That may be because the only kind of protective equipment that is usually mandated is a motorcycle helmet. In actuality, injuries to the legs and feet make up 30% of the injuries resulting from motorcycle accidents while personal injuries to the head and neck account for 22%. Other injuries may include:
- Scarring and Disfigurement
- Road rash
- Muscle damage
- Traumatic brain injuries (TBI)
- Nerve damage
- Bone fractures
- Internal injuries
- Spinal cord injuries
- Lost limbs and amputations
What Compensation Is Available for Motorcycle Accident Injuries?
If you have suffered a motorcycle accident, you are familiar with the pain of the injuries and the anxiety it causes. As if that is not enough, the bills rapidly begin to mount long before your wounds have healed. Seeking damages from the at-fault driver may be the only way to keep your head above water.
Following a motorcycle accident, your motorcycle accident lawyer in Charleston will help you resolve your case with the maximum settlement amount possible. If your insurance company is unwilling to settle, we are ready to fight for you in court.
Economic Damages Following a Charleston Motorcycle Accident
Your expenses after a motorcycle crash can add up quickly. Between mounting bills and out-of-pocket costs, it can be a stressful time. While your energy would be better spent rehabilitating, it is often used up with anxiety over economic stress.
Your Charleston personal injury lawyer will review all of the details of your experience and will remind you of monetary losses you may not have considered. Their expertise in navigating the complicated insurance negotiations following a crash can offer you peace of mind while you recuperate. Below are some of the economic damages that you are possibly entitled to:
- Medical expenses include medical testing, emergency room visits, hospital stays, procedures, surgeries, medication, doctor’s appointments, and specialists.
- Transportation costs may include traveling to doctors and specialists, ambulance bills, and even airlift expenses.
- Accessibility accommodations made to the home like ramps, grab bars, handrails, lifts, roll-in showers, wider doorways, walk-in tubs, better lighting, lowered countertops and sinks, raised toilets, and expanded layouts to improve wheelchair maneuverability.
- Present and future medical care will cover your current healthcare situation and the needs that may arise due to the motorcycle accident.
- Loss of wages for the time missed from work when recovering from the accident, attending therapy, or doctor’s appointments.
- Loss of earning capacity refers to diminished earning abilities following an accident.
- Household services might be utilized, such as a housekeeper or someone to help with the yard work if they had been unnecessary if the injury had not been sustained.
- Property damages could include the repair or replacement of the motorcycle or other property damaged in the accident, such as a telephone or watch.
- Rehabilitation and long-term care that is necessary to recover from injuries sustained in the motorcycle accident.
- Funeral costs if the accident ended in a fatality.
Non-economic Damages Caused by a Motorcycle Accident
Non-economic damages can be more complicated to assign a monetary value to because of the intangibility of their nature. But they are no less deserved, and we will fight for them for you. Your motorcycle accident lawyer in Charleston will analyze the specifics of your case when determining what sort of reimbursement you may be entitled to.
Following a motorcycle crash, you may be entitled to the following damages:
- Pain and suffering refer to the physical pain and distress resulting from the accident and injuries. It could include mental health issues, chronic pain, depression, and anxiety.
- Loss of enjoyment of life is the inability to engage in activities you enjoyed prior to the accident. These may include sports, hobbies, and other activities that were enjoyed previously.
- Disfigurement, scarring, and other physical deformities related to the accident can cause stress, discomfort, shame, and anxiety.
- Loss of consortium refers to the loss of affection, intimacy, and companionship that was once enjoyed with a spouse or partner but is no longer possible due to the injuries sustained.
- Emotional anguish, including emotional trauma, anxiety, post-traumatic stress disorder (PTSD), or other psychological problems result from the accident and its aftermath.
- Punitive damages are sometimes awarded if the actions that caused the accident are particularly heinous. These damages are intended to punish the wrongdoer for their negligent, reckless behavior.
Non-economic damages are more complicated to assign monetary values to so they may be extremely varied, depending on the details of the case. Your motorcycle accident attorney will be happy to aid you in determining the precise non-economic damages that may apply to your specific case.
It’s important to note that non-economic damages can be difficult to quantify and may vary widely from case to case. It’s recommended to consult with a personal injury attorney to determine the specific non-economic damages that apply to your particular case.
What to do Following a Charleston Motorcycle Accident
After experiencing a motorcycle accident, you should follow several steps to protect your safety, health, and legal rights. Your physical, mental, and financial well-being are at stake after an accident, and it is crucial that you take the best care of yourself possible.
Some of the essential actions we suggest you take are listed below:
- Seek medical attention. Your health is the number one priority. Get checked out even if you do not feel that you are hurt because some injuries are not evident until later and can cause complications if not treated immediately.
- Alert law enforcement of the accident. They will file a report and preserve the evidence for future legal proceedings.
- Document the scene of the accident if you are able. This would include photos and videos of the scene, damage to the vehicles involved, and of injuries sustained.
- Exchange insurance information with the other motorists involved in the accident.
- Notify your insurance company as soon as possible.
- Contact a Charleston motorcycle accident attorney. They will offer you legal advice, outline your rights and options, negotiate with insurance companies, and represent you if your case goes to court.
Each accident is unique, and the specific steps you take will depend on the circumstances of the crash. But, in any accident, you will want to ensure your health and rights are covered. A medical team and a legal team are imperative.
Handle Your Charleston Motorcycle Accident Injury Claim With Us
When you’ve been injured in a motorcycle accident, you will have to deal with insurance companies in order to have medical treatment authorized and get your bike repaired or replaced. If you want to handle your claim on your own, you will need a thorough working knowledge of insurance policies, insurance company claims handling practices, the nature and extent of your injuries, and how to establish the amounts you should be compensated. You will be at a distinct disadvantage in the negotiations process and insurance companies know this.
At Salango Law, we want you to be able to bargain with the insurance companies from a position of equal power. Our Charleston accident lawyers want you to get the medical care you need in a timely manner and the maximum compensation you are entitled to for your injuries and property damage. When you hire us to represent you, we handle everything. You don’t pay us until we get you paid. And we don’t charge you to come talk to us about your accident. Contact us for a free consultation or call us in Charleston at (304) 342-0512.