It is a sad reality that the longer you ride a motorcycle, the greater your risk of getting in an accident. Unlike crashes in other vehicles where the metal and other materials surrounding drivers and passengers protect them, motorcycle riders are at substantial risk of suffering life-threatening or fatal injuries.
Civil laws allow you to pursue damages if the carelessness of another motorist causes you to sustain an injury in a collision. A dedicated personal injury attorney at Bordas & Bordas could help you take legal action and seek the compensation you need to recover. Schedule a meeting with a diligent Moundsville motorcycle accident lawyer for more information and help with your case.
Examples of Motorcycle Crash Causes
Crashes involving motorcycles can happen for the same reasons as any collision. However, some actions place riders at increased risk.
Left Turns at Intersections
Intersections significantly increase the risk of harm to riders, especially when vehicles make left turns. Drivers often misjudge the speed at which a motorcycle is traveling or fail to notice it and turn into the path of an oncoming motorcyclist. The crashes can be deadly, especially if the rider is moving at a high speed when the collision happens.
Reckless Maneuvers
When motorists make quick or reckless maneuvers, such as abrupt lane changes, without checking their mirrors and blind spots, they may fail to see a motorcyclist behind them. The size of motorcycles makes them more challenging to see in the best circumstances, and driver negligence can quickly turn into a collision with severe consequences.
Distractions Behind the Wheel
Driver distractions are a primary cause of accidents countrywide, which can be extremely dangerous for motorcycle riders. Distracted motorists may swerve into a motorcycle, hit it head-on, turn into its path, or run into the back of it while reading a text message.
Establishing Liability to Collect Compensation
Evidence of the at-fault driver’s negligent actions is necessary to successfully prove liability and collect compensation from them or their insurance company. A Moundsville motorcycle accident attorney could help you by completing an investigation, which may involve:
- Reviewing reports
- Visiting the accident scene
- Reviewing documents
- Speaking to witnesses
We could help you gather the proof to build a solid claim by collecting evidence and documentation to establish the responsible party and cause of the accident. After the court determines the case proves liability, it will likely award economic and non-economic damages you suffered from the crash.
Recoverable Damages
Possible recoverable damages include:
- Medical expenses for ongoing treatment and procedures related to the cause of action
- Lost salary and benefits
- Transportation costs for medical appointments, medicine, and medical equipment
- Permanent disfigurement, scarring, or disabilities
- Emotional damage caused by the traumatic event
- Pain and suffering
The settlement may be substantial when driver negligence causes motorcycle riders to suffer significant harm and damage.
The Modified Comparative Negligence Rule
The at-fault driver may argue that you share responsibility for the crash and the damage you suffered. If the court agrees with the defendant, it will not bar you from collecting compensation. Under the rule, when the civil court finds that the claimant is partially at fault, it subtracts the claimant’s liability percentage from the settlement amount.
The Court-Mandated Time Restriction for Filing Lawsuits
The statute of limitations is another legal factor to be aware of when seeking to recover damages after a motorcycle crash. West Virginia Code § 55-2-12(b) directs that the plaintiff in a personal injury lawsuit must file the lawsuit within two years of the cause of action.
Missing the deadline could mean losing the opportunity to recover damages. A motorcycle accident lawyer in Moundsville could handle the legal work needed to prepare and file your case to ensure compliance with state laws and requirements.
Schedule to Meet With a Seasoned Motorcycle Accident Attorney in Moundsville
Another driver’s thoughtless action could change your life in an instant and leave you with severe injuries and other losses. You have every right to expect them to pay if they cause an avoidable accident.
An experienced Moundsville motorcycle accident lawyer could guide you through the process with sound legal advice and skilled litigation to help you collect payment and hold the at-fault party accountable. Schedule a free consultation with our motorbike accident attorneys to discuss your case.