Damages Covered in Motorcycle Accident Claims in West Virginia

As a motorcycle owner or rider, you can enjoy the freedom on the highway as you feel the breeze across your face. For most riders, it might be more than just a hobby. It could be that motorcycles are their major means of transportation for personal or business use. Nevertheless, using or riding a motorcycle as a passenger can be highly risky.

“How could that be?” you might ask. Unlike lorries, cars, and other vehicles, a motorcycle does not have any frame to protect its rider or absorb shock in the event of an accident. Due to the little protection available, motorcycle riders most times suffer severe injuries and sometimes death if they are involved in accidents, such as collisions with cars or trucks.

How Much Do You Get From a Motorcycle Accident Claim?

In West Virginia, the state observes the at-fault law. That means the party responsible for any accident must pay for the damages. Therefore, if another motorist caused a third party’s motorcycle accident due to negligence, their insurance company could pay for any property damage and injuries sustained.

Compensation depends on your situation, which may include past and future medical costs, pain and suffering, loss of earnings due to debilitating injuries, and low quality of life.

What Are the Causes of Motorcycle Accidents?

Most motorcycle accidents are caused by factors similar to those of any vehicle accident in West Virginia. They include reckless driving, negligence, bad road conditions, and distractions. These accidents can happen due to multiple factors.

The severity of the accident depends on several factors. Accidents caused by wet roads are often more severe than those caused by overspeeding.

Other common causes include but are not limited to the following:

• Left-hand turnings
• Tailgating
• Merging with insufficient space
• Icy or wet roads
• Breaking suddenly
• Opening doors with proper checks for coming vehicles

What Are the Laws Governing Motorcycles in West Virginia?

A universal helmet bill was passed in 1971, which requires all motorcycle riders and passengers to wear helmets that meet the requirements of the ANSI (American National Standards Institute), the United States Department of Transportation (DOT), and Snell Safety Standards. If you purchase a helmet without the DOT sticker, it means you have purchased a compliant head protector.

For safety, it is important not to buy used helmets because they might have lost their effectiveness in protecting against severe head injuries. Plus, you have no idea the number of accidents the helmet has been through.

West Virginia observes a comparative fault law, which demands that if any motorcycle driver and passenger are involved in an accident and are not using a helmet, they might not be able to get compensation even if the liable party is at fault. That means you and your family will have to cover all medical costs.

When Should You Hire a Motorcycle Accident Attorney?

If you are involved in a motorcycle crash and are lucky enough to be conscious, you might feel overwhelmed and confused about what might happen next. As you are trying your best to recover from the shock or injuries, you might receive letters and calls from insurance adjusters who do not have your best interests at heart.

This is where you need to contact a motorcycle attorney as soon as you can. They will be the bridge between you and insurance companies. That way, you will not be cheated out of the compensation you deserve.

Conclusion

“As a motorcycle enthusiast, ensure you do not ride under the influence of alcohol or drugs,” says motorcycle accident attorney Jan Dils. Being under the influence could cause loss of mobility and could make you unable to coordinate brakes and steer correctly. Furthermore, you might be charged with severe criminal charges under West Virginia’s highway laws.