In vehicular accidents, motorcycle riders are often at a disadvantage given the lack of safety features which put them at higher risk for serious injury or death as compared to car drivers. If you were recently involved in a motorcycle accident, or have a loved one die of sustained injuries, you may be eligible for a personal injury or wrongful death claim.
In general, when traffic accidents occur involving death, personal injuries, or property damages, the police are notified and a written incident report is made. But aside from informing an officer, you should also contact a motorcycle accident attorney to evaluate whether or not you can file a personal injury claim to get the medical treatment and compensation you deserve.
Below are several accident scenarios that may or may not lead to the recovering of damages.
Head-On Collisions. Crashing with another vehicle, such as when a car hits the front of a motorcycle, accounts for the majority of motorcyclist deaths. If an accident proves fatal, you can file a wrongful death claim for your deceased family member. This may also be the case when the decedent crashed with a fixed object in another person’s property. However, the filer may face complications if there were violations of state laws such as the helmet-use law.
Left-Hand Turns. Motorcyclists may find themselves in danger whenever a car makes a sudden left-hand turn. This can occur when the motorcycle is passing an intersection, passing the car, or attempting to overtake it. Since its size is smaller, motorcycles are not as visible as cars and trucks. If you have been injured after colliding with a vehicle making a left hand, your attorney will try to gauge your comparative negligence or degree of carelessness in a personal injury lawsuit. However, your case may be dismissed if you were found in the wrong lane or speeding.
Lane Splitting. This occurs when the driver of the motorcycle passes between two slowly moving cars. Accidents may occur due to the lessened space for maneuvers and being in close proximity to other vehicles. Determining who is liable for damages depends on whether lane splittings are allowed in state law, and how the police officer and judge view the case.
Speeding. When the wreck was a result of alcohol use, you will need to consult with a motorcycle accident lawyer to claim compensation. On the other hand, you may have a weaker case if you willingly drove high-performance motorcycles (supersport or sports motorcycles) at top speed.
Road Hazards. An accident can also be caused by a pothole, dead animals, wet pavement, uneven heights of lanes, and other road blockages. If it can be proven that the blockages had been deliberately or carelessly placed by another person, you may have a personal injury case.
The scenarios above are not comprehensive, which is why you should talk to a qualified lawyer from a reliable law firm to determine if you have a valid claim for personal injury.
By building awareness on the common causes of motorcycle accidents and factors increasing the risk for a fatality, motorcyclists can increase driver safety. In addition, by determining who is liable for each accident, the aggrieved may file a personal injury lawsuit to demand fair compensation for damages which include medical bills, lost wages, payment for treatment, or physical therapy.
Get In Touch with Motorcycle Accident Attorneys in West Virginia
Injured in an accident? Get the medical care and compensation you deserve!
You don’t have to face your insurance company on your own. By hiring an experienced injury attorney from Ghaphery Law Offices, PLLC, you will receive valuable help in collecting police reports and medical records, and preparing insurance or personal injury claims. Call us today for a free consultation.