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.
- We value you – We take seriously that you have entrusted us with a very personal matter.
- We have built a reputation you can trust – We understand our responsibility to make a positive impact in our community and have been recognized by our peers for doing so.
- We are good at what we do – We don’t accept anything less than our best efforts which have secured over $100,000,000 for our clients.
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 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:
- road rash
- muscle damage
- nerve damage
- brain injuries
- bone fractures
- internal injuries
- spinal cord injuries
What Compensation Is Available for Motorcycle Accident Injuries?
The compensation that you may be entitled to for your motorcycle accident injuries includes out-of-pocket expenses and money that you are unable to earn as a result of your injuries. You can also collect amounts because you were made to feel pain – both physically and mentally. Other forms of compensation may include:
- medical expenses – current and future
- lost income – including future earnings
- property damage
- pain & suffering
- mental anguish
- lost enjoyment of life
Although their purpose is not to compensate you, punitive damages may be awarded to you if the person responsible for your injuries acted in such a way that the behavior deserves further financial punishment. In West Virginia, punitive damages are capped at a specific dollar amount.
Motorcycle Safety in Charleston, West Virginia
If you’re riding a motorcycle on public roads there is always a chance you might be involved in an accident with another vehicle. You just can’t anticipate and prevent every possible circumstance. But there are certain practices that will help you reduce the frequency and severity of injuries in the event of an accident.
The West Virginia Department of Transportation encourages motorcyclists to do the following:
- Wear appropriate gear – helmets and eye protection (required by law), protective clothing
- Know your motorcycle – how it works and how to operate it safely
- Act responsibly on the road – be visible to other motorists, allow adequate space between vehicles, clearly communicate your intentions, stay alert for potential hazards
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 motorcycle 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.