Motorcycle Accident Attorney in West Virginia

Motorcycle accidents have been on the rise in recent years. According to the Insurance Information Institute, there are now more than 5,000 fatal motorcycle crashes on the nation’s roadways each year. The statistics also show that bikers are 28 times more likely to be killed in a fatal crash than occupants of a passenger vehicle. Motorcyclists are increasingly at risk on the road, and drivers of other vehicles need to pay greater attention to bikers they share the roads with. If you or a loved one was injured or killed in a motorcycle accident, it is important to speak with an experienced personal injury lawyer, so you understand your rights and options.

Free Consultation with a Motorcycle Accident Attorney

At Bailey, Javins & Carter, LC, we have over four decades of experience representing victims injured in motorcycle crashes in West Virginia. Our attorneys have in-depth knowledge of this area of the law, and we have a proven track record of success with even the most complex cases against the most well-funded adversaries. We work closely with our clients, taking the time to fully investigate their case and explore all potential legal avenues toward obtaining full compensation. Our extensive experience, depth of understanding, and tireless commitment to the aggressive advocacy on our clients’ behalf are major reasons we have been repeatedly recognized by our peers for our accomplishments in the field of personal injury law.

Common Reasons Motorcycle Accidents Occur

There are several reasons why motorcycle crashes happen. These include:

Speeding

When West Virginia motorists exceed the speed limit, they have a harder time reacting to hazardous conditions. This becomes even more dangerous when there are motorcyclists riding nearby. Because they are small in size and stature, motorcycles are difficult to spot even under ideal conditions. When a driver is speeding excessively, there is a far greater chance that they will not see the motorcycle until it is too late.

Reckless Driving

Excessive speeding is just one example of a driving behavior known as “reckless driving”. Someone who drives carelessly or recklessly shows willful and wanton disregard for the rules of the road and the safety of themselves and others. Some other examples of reckless driving include tailgating, weaving in and out of lanes, running stop signs, and running stop lights. Drivers of passenger vehicles who engage in this type of behavior put motorcyclists at great risk.

Alcohol and Drugs

One of the common reasons a motorist speeds and drives recklessly is because their state is chemically altered by alcohol, prescription drugs, or illegal drugs. Driving while intoxicated can cause a motorist to lose their inhibitions and drive carelessly. It can also result in slower reaction times, drowsy driving, or even falling asleep at the wheel. All of these behaviors are extremely hazardous and can endanger fellow motorists, especially those riding motorcycles.

Distracted Driving

Motorists have more distractions these days than ever before. We have always had billboards, car radios, food and drink, and other passengers to distract us. Now we have cell phones, GPS navigation systems, and worst of all, texting/smartphone messaging while driving. Texting while driving is an especially dangerous practice because it distracts you in three ways; visually, manually, and cognitively. The distracted driving epidemic that has been created by all this new technology could be one of the reasons motorcycle accident fatalities are on the rise.

Blind Spot Accidents

Motorcycles have a small profile, which makes it easy for them to get lost in a vehicle’s blind spot. This happens a lot with big rig trucks that already have a large blind spot. Blind spot accidents are particularly common when vehicles attempt to change lanes or make a left turn without double-checking those hidden areas. When a motorcycle is hit in a blind spot accident, it can result in serious and catastrophic injuries.

Dangerous Road Conditions

Poor road conditions can be hard on any vehicle, but when a motorcycle encounters this problem, it can be downright hazardous. Some examples of road conditions that can be dangerous for motorcyclists include potholes, uneven roadways, loose gravel, snow and ice, dead animals, fallen trees or other debris, drop offs, and construction zones. When a motorcyclist is injured in an accident due to dangerous road conditions, the local municipality that is responsible for maintaining the road may be at-fault. Litigation against a government entity is a highly complex area of the law, however, and it is always best to speak with a seasoned attorney if you are considering this option.

Faulty Vehicle Parts

Some accidents happen because of a dangerous or defective motorcycle and/or motorcycle part. Common examples of this include relatively new tires that blow out, a defective brake line, or a computer dashboard malfunction. When a motorcycle accident occurs because of a faulty vehicle or vehicle part, the responsible party could be the designer, manufacturer, distributor, or another party within the supply chain.

Damages in West Virginia Motorcycle Accident Cases

When a motorcycle accident occurs in West Virginia due and another party is at fault, the injured individual is entitled to seek compensation for the harm they have suffered. This compensation, legally referred to as “damages,” is designed to make the victim whole again, as much as possible, after the traumatic event. Damages in such cases are generally categorized into three distinct types: economic, non-economic, and punitive. Understanding each category is important for anyone navigating the aftermath of a motorcycle accident in the Mountain State.

Economic Damages

Economic damages represent the quantifiable financial losses directly resulting from the motorcycle accident. These are tangible expenses and lost income that can be calculated and proven with receipts, bills, pay stubs, and expert testimony.

One of the most immediate economic damages is the cost to replace or repair the motorcycle. If the bike is repairable, the cost of parts and labor will be covered. If it’s a total loss, the victim is entitled to its fair market value before the accident. This also includes any damage to personal property carried on the motorcycle, such as helmets, riding gear, or electronics.

Medical bills are often the largest component of economic damages. This category encompasses all costs associated with treatment, from the moment of the accident onward. This includes emergency room visits, ambulance transportation, hospitalization fees, surgical procedures, doctor consultations, prescription medications, diagnostic tests (X-rays, MRIs, CT scans), and any specialized medical equipment. Crucially, economic damages also account for future medical expenses, which can be substantial in cases involving long-term injuries or permanent disabilities. This might include ongoing physical therapy, future surgeries, lifelong medication, or even in-home care. These future costs are often projected by medical experts.

Rehabilitation costs are closely related to medical expenses and are vital for recovery. This includes physical therapy, occupational therapy, psychological counseling (especially important for trauma related to the accident), and any specialized rehabilitation programs designed to help the victim regain lost function or adapt to new limitations. The goal of rehabilitation is to restore the victim’s physical and mental well-being as much as possible, and the costs associated with this process are fully recoverable.

Lost wages cover the income a victim loses due to being unable to work after the accident. This includes not only their regular salary or hourly wages but also any missed bonuses, commissions, or other forms of compensation they would have earned. This applies to the period of recovery, whether it’s days, weeks, or months. Proving lost wages typically involves providing pay stubs, employment records, and a doctor’s note verifying the period of incapacitation.

Even more significant than lost wages can be the loss of earning capacity. This applies when a debilitating condition or permanent injury prevents the victim from returning to their pre-accident occupation or significantly reduces their ability to earn a living in the future. For example, a construction worker who suffers a severe back injury might no longer be able to perform physically demanding jobs. This damage compensates for the reduction in future income potential over the victim’s entire working life, often requiring the testimony of economists or vocational experts to calculate.

Finally, in the tragic event of a wrongful death, economic damages extend to funeral and burial expenses. This covers the direct costs associated with the deceased’s funeral, cremation, burial, and related services, providing financial relief to the grieving family.

Non-Economic Damages

Non-economic damages are far more challenging to quantify because they do not have a fixed monetary value. These damages compensate for the intangible losses that profoundly impact a victim’s quality of life after an accident. Despite their subjective nature, they are a critical component of compensation, acknowledging the deep personal suffering endured.

Perhaps the most recognized non-economic damage is physical pain and suffering. This encompasses the immediate, acute pain experienced during and immediately after the accident, as well as chronic pain that may persist for months or even years. It accounts for discomfort, soreness, stiffness, and the general physical anguish that comes with injuries. This also includes the discomfort from medical treatments, surgeries, and rehabilitation.

Emotional distress refers to the psychological and emotional impact of the accident. This can manifest in various ways, including anxiety, depression, fear (especially a fear of riding or even being near motorcycles again), post-traumatic stress disorder (PTSD), panic attacks, sleep disturbances, nightmares, and persistent sadness or grief. The psychological toll of a severe accident can be as debilitating as the physical injuries, and compensation for emotional distress acknowledges this profound suffering.

Diminished quality of life (sometimes called loss of enjoyment of life) compensates the victim for their inability to engage in activities they once enjoyed due to their injuries. This could mean no longer being able to participate in hobbies like sports, hiking, playing musical instruments, or even simple daily activities that brought joy, such as gardening or playing with children. It also includes the loss of independence and the overall reduction in the victim’s ability to experience life fully.

Loss of consortium is a specific type of non-economic damage that applies to the impact of the injury on a victim’s spousal or familial relationships. It compensates the uninjured spouse (or sometimes children or parents) for the loss of companionship, affection, solace, moral support, sexual relations, and assistance with household services that the injured party can no longer provide due to their injuries. This acknowledges the ripple effect of a severe injury on the entire family unit. Quantifying non-economic damages typically relies on the severity and permanence of the injuries, the victim’s age, and the impact on their daily life, often supported by detailed medical records and personal testimony.

Punitive Damages

Punitive damages are distinct from economic and non-economic damages because they are not intended to compensate the victim for their losses. Instead, they are awarded in rare and specific circumstances to punish the at-fault party for exceptionally egregious conduct and to deter similar behavior in the future, both by the wrongdoer and by others.

In West Virginia, punitive damages are awarded only when the defendant’s actions demonstrate “malice, oppression, or fraud,” or a “willful and wanton disregard” for the safety of others. This means the conduct must be more than mere negligence; it must involve a high degree of recklessness or an intentional disregard for the potential harm their actions could cause.

Examples of conduct that might warrant punitive damages include drunk driving, driving under the influence of drugs, extreme reckless driving (such as excessive speeding in a residential area), or intentionally causing harm. The threshold for awarding punitive damages is quite high, and they are not granted in typical negligence cases where an accident simply resulted from carelessness or a momentary lapse in judgment. The purpose is truly to make an example of the wrongdoer.

Modified Comparative Negligence in West Virginia

West Virginia applies a legal doctrine known as “modified comparative negligence,” which significantly impacts how damages are awarded in personal injury cases, including motorcycle accidents. This doctrine addresses situations where both parties involved in an accident share some degree of fault.

Under West Virginia’s modified comparative negligence rule, an injured victim can still recover damages even if they are partially at fault for the accident, as long as their share of the fault is less than 50%. If the victim is found to be 50% or more at fault, they are completely barred from recovering any damages.

If the victim is less than 50% at fault, their total compensation award will be reduced in proportion to their percentage of fault. For instance, if the total amount of damages (sum of economic and non-economic damages) in your motorcycle accident case is determined to be $200,000, and you are found to be 10% at fault for the accident, your compensation would be reduced by $20,000 (10% of $200,000). Therefore, you would receive $180,000. If you were found to be 40% at fault, your $200,000 in damages would be reduced by $80,000, leaving you with $120,000.

The determination of fault involves a thorough investigation of the accident, which may include reviewing police reports, witness statements, vehicle damage, accident reconstruction reports, and applicable traffic laws. Each party’s actions leading up to the accident are scrutinized to assign a percentage of responsibility. This aspect of West Virginia law makes it particularly important for motorcycle accident victims to have experienced legal representation, as an attorney can help gather evidence to minimize the victim’s perceived fault and maximize their potential recovery.

Navigating the complexities of damages and comparative negligence in West Virginia motorcycle accident cases can be challenging. Understanding these categories of compensation and how shared fault can impact your claim is important for anyone seeking justice and financial recovery after such a traumatic event.

Contact a Seasoned West Virginia Motorcycle Accidents Attorney

Being injured in a motorcycle crash can be a life-altering event. Mounting medical bills, time missed from work, and physical and emotional pain and suffering can turn your whole world upside down. At Bailey, Javins & Carter, L.C., we understand the enormous toll motorcycle accident injuries take on victims and their families, and our goal is to make the legal process smooth and seamless. We are skilled, compassionate, and responsive. We take the time to thoroughly review your case and explain all your legal options, so you can always make the most informed decision. After you retain our services, we stay in regular contact and provide frequent updates on the progress of your case, so you are always kept informed. Contact our office today to schedule a free consultation with one of our skilled West Virginia personal injury lawyers.

We work on a contingency basis. We don’t get paid unless you do.