West Virginia Motorcycle Accident Lawyers
Protecting the rights of injured motorcyclists in West Virginia
Any kind of vehicle accident can be life-changing. But without the frame, airbags, doors, and seatbelts that protect people in a car, motorcycle riders are even more at risk for serious injury when involved in a crash. Often, accidents aren’t caused by the motorcyclist; they’re caused by another driver.
Nace Law Group is a family-owned and managed law firm in West Virginia, with over 40 years of experience in personal injury matters, including motorcycle accidents. If you or someone you love has been injured in a motorcycle accident, you need an experienced lawyer on your side. We’re dedicated to our clients and here to help you get back on the road to recovery.
Table of contents
- How Nace Law Group helps survivors and families
- Motorcycle accident facts
- Common types of motorcycle accidents
- The most common injuries from motorcycle accidents
- Determining liability after a motorcycle accident
- Proving negligence in a motorcycle accident in West Virginia
- West Virginia laws regarding motorcycle accidents
- How Nace Law Group develops your case
- Frequently Asked Questions
- Do you have a West Virginia motorcycle accident lawyer near me?
How Nace Law Group helps survivors and families
After a motorcycle accident, your focus should be on healing from the traumatic event—not worrying about legal issues. At Nace Law Group, our experienced lawyers can help you fight for the compensation you need to recover from the physical and emotional toll of your injuries.
Choosing the right representation isn’t always simple. Every case is different, and every person injured in a motorcycle accident deserves an advocate—someone who can make sure your story is told. We’re proud of the work we do and the results we’ve achieved for our clients. Nace Law Group has the skills and resources to fight for you during this difficult time.
Motorcycle accident facts
In 2023, there were 6,335 motorcyclists killed, according to the National Highway Traffic Safety Administration. This accounted for 15% of all traffic fatalities. The same year, 82,564 motorcyclists were injured—a reminder of the vulnerability of motorcycle riders on the road.
In West Virginia, motorcycle accidents are a serious concern. The National Highway Traffic Safety Administration also accounts for 38 motorcycle fatalities in West Virginia alone in 2023. While that number is a small portion of the country’s total, one fatality is too many and reflects a preventable tragedy.
Common types of motorcycle accidents
At times, a driver in a car or truck may fail to see a smaller vehicle, such as a motorcycle. Here are the most common types of motorcycle accidents you might find in West Virginia.
Head-on collisions: A vehicle crosses into the motorcycle’s lane and collides with the front of the motorcycle.
Left-turn collisions: When an oncoming car turns left in front of the motorcyclist or when a passing car turns left in front of the motorcyclist.
Rear-end collisions: A vehicle hits a motorcycle from behind.
Collisions involving parked cars: A vehicle door opens into the path of an oncoming motorcycle.
Single-vehicle motorcycle accidents: Motorcycle accidents don’t always involve another vehicle. Sometimes, a motorcycle may lose control on the road or collide with a fixed object, like a median, to avoid an accident with another vehicle.
Accidents involving pedestrians: A motorcyclist may hit a pedestrian or suddenly swerve to avoid hitting one. This is more common in urban settings with heavy foot traffic.
The most common injuries from motorcycle accidents
Motorcycle accidents can result in severe injuries for riders. A few common types include:
Traumatic brain injuries
One of the more severe injuries a motorcyclist can sustain, traumatic brain injuries (TBIs), result from a blow to the head, usually from impact with the ground or another object. TBIs can range from headaches and cognitive impairments to memory loss or even a coma.
Spinal cord injuries
Spinal cord injuries occur when trauma to the spine damages the spinal cord. Severity ranges from paraplegia (loss of movement and sensation in the lower body) to quadriplegia (loss of movement and sensation in the upper and lower bodies) to chronic pain or nerve damage.
Road rash
Road rash is a more common and often painful motorcycle injury, occurring when a rider is thrown from and falls off their motorcycle and slides across the pavement. Injuries range from mild, like a surface abrasion, to severe, like those that require skin grafts or expose bone or muscle.
Broken bones
Motorcycle accidents can result in broken bones, ranging from hands and arms to legs and feet. In more serious crashes, a rider may break ribs or pelvic bones.
Determining liability after a motorcycle accident
In a motorcycle injury case in West Virginia, several parties can be found liable:
Another driver. Many of the most common types of motorcycle accidents involve another driver. We can investigate to determine if someone else was responsible for the crash.
An employer. If a driver was on the job during the accident, their employer could be held vicariously liable, depending on the specific circumstances of the crash.
Manufacturers. Sometimes, defective vehicles or parts can contribute to crashes. If this is the case, a manufacturer could be liable in your case.
Government bodies. Cities and states have a responsibility to make sure that roads and signs are reasonably marked and present. If not, you might be able to file a claim, subject to special notice requirements, procedures, and immunity rules. Claims against West Virginia state agencies require a 30-day pre-suit notice, while claims against cities and counties are governed by the Governmental Tort Claims and Insurance Reform Act.
Nace Law Group has decades of experience helping clients in personal injury matters. We can help determine all liable parties in a matter.
Proving negligence in a motorcycle accident in West Virginia
In a West Virginia motorcycle accident claim, you will likely prove negligence by proving the following elements:
- Duty of care. Drivers on the road owe other drivers a duty of care, meaning they should drive reasonably. In a motorcycle accident case, you must prove that the defendant owed the motorcycle rider a duty of care.
- A driver can breach that duty of care in a number of ways. For example, a driver may be driving under the influence, fail to pay attention to road signs, or drive much faster than the legal speed limit.
- The defendant's breach must result in the motorcycle rider's injuries. So, if a driver was negligently texting and driving and hit a motorcycle rider as a result, the defendant’s breach then caused the motorcycle rider’s injuries.
- The motorcycle rider must have suffered actual losses, such as medical bills, a loss of income, or pain and suffering caused by the motorcycle accident.
An experienced motorcycle attorney can help you collect the evidence you need to build a strong case.
West Virginia laws regarding motorcycle accidents
Here are a few West Virginia laws to consider when filing a motorcycle accident case.
Comparative negligence
West Virginia follows comparative negligence when it comes to personal injury matters, including those caused by motorcycle accidents. This means that an injured motorcycle rider can still collect damages as long as their fault does not exceed 50%.
Statute of limitations
The statute of limitations is the deadline a motorcycle victim has to file a personal injury claim. Generally, in West Virginia, you must file your case within two years from the date of the crash, although exceptions apply. For the most part, if you don’t file on time, you likely won’t be able to have your case heard. Contact an attorney as soon as possible. They can help you gather evidence, secure available footage, and obtain any witness statements. The more time passes, the harder it can be to gather pertinent information.
How Nace Law Group develops your case
At Nace Law Group, we build each case with professionalism and compassion. Here are a few steps we take:
We listen and investigate. Our motorcycle accident attorneys act quickly. We listen to your story and explore all the evidence to establish how the accident occurred and who might be at fault.
We work with experts. We rely on expert opinions to determine how injuries have affected, and will continue to affect, your medical and financial future.
Negotiation, settlement, and litigation. Many cases are negotiated or settled, but Nace Law Group is prepared to fight at trial for the maximum available compensation.
Frequently asked questions
What should I do immediately after a motorcycle accident?
If the crash resulted in injuries, call 911 to report the accident. Ask the dispatcher to send a police officer who will write an official accident report. Take photos of the scene, including both vehicles. Obtain personal information from the other driver, and contact information for any witnesses. Then, contact an attorney who can deal with insurance companies on your behalf.
What damages are available in a motorcycle accident case?
In a motorcycle accident case, damages can include economic damages (such as medical bills and lost wages), non-economic damages (such as pain and suffering), and in rare cases, punitive damages (if you can prove by clear and convincing evidence that the defendant acted with actual malice or with a conscious, reckless, and outrageous indifference to the safety and well-being of others).
How do I know if I have a personal injury case?
You might have a case if you were injured and someone else was at fault.
Do I have a case if I was partially at fault?
Yes, possibly. West Virginia follows comparative negligence, so injured motorcycle riders can still collect damages even if they were partly at fault for the accident, as long as they weren't more than 50% at fault.
Do you have a West Virginia motorcycle accident lawyer near me?
Yes. Our West Virginia office location is 3501 MacCorkle Ave SE, Charleston, WV 25304. If you were injured in a motorcycle accident, contact a West Virginia motorcycle accident attorney right away. At Nace Law Group, we can help you through every step of a complicated legal process with the patience and compassion you deserve.
Speak with a West Virginia motorcycle lawyer today
At Nace Law Group, we get to know our clients. We understand that you or a loved one has suffered, and we’re here to help. Contact us today. You can reach us over the phone or fill out our contact form.