What Are My Options If I’ve Been Seriously Injured in a Motorcycle Accident?
A motorcycle ride through the scenic routes of Jefferson County offers a sense of freedom that few other experiences can match. However, that freedom comes with significant vulnerability. When a negligent driver fails to check their blind spot or yields the right of way, the results for a rider are often life-altering. If you have been injured, you are likely facing mounting medical bills, physical pain, and the stress of being unable to work.
At Skinner Accident & Injury Lawyers, we believe you shouldn’t have to carry this burden alone. Our experienced team is dedicated to holding responsible parties accountable and securing the compensation you need to rebuild.
Let’s review what options you need to consider after a motorcycle accident. If you’ve been hurt in a motorcycle wreck and need to speak with experienced attorneys, the bros are here to help. For a free consultation, contact Skinner Accident & Injury Lawyers today.
What to Do Immediately After a Motorcycle Accident
In the immediate aftermath of a motorcycle wreck, here are some important steps you can take to help avoid injury and potentially increase the value of your claim.
Check for Injuries
Your health is the absolute priority. Before worrying about your bike or the other driver, perform a quick self-assessment. Check for bleeding, broken limbs, or any signs of a concussion. If you have passengers, check them as well. If anyone is hurt, avoid moving them unless there is an immediate threat of fire or explosion.
Get Yourself to Safety
If you are physically able to move, get off the roadway. Secondary accidents are common when disabled vehicles and victims remain in traffic lanes. Move to the shoulder or a sidewalk. If your motorcycle is a hazard and can be safely moved, do so, but never prioritize property over your own safety.
Call 911 and Notify Local Authorities
Always report the crash to the police, even if it seems minor. A formal police report provides an objective account of the incident, which is vital for your insurance claim. Dispatching emergency medical services ensures that everyone receives professional care on-site and creates a documented timeline of the injuries sustained.
Exchange Information with People at the Accident Site
Collect the names, phone numbers, and insurance details of all drivers involved. Additionally, look for witnesses who may have seen the collision from the sidewalk or nearby businesses. Their unbiased testimony can be the “smoking gun” needed to prove liability when the other driver denies fault.
Document the Motorcycle Crash and Your Injuries
Use your phone to take photos of the scene, including skid marks, road signs, and the damage to all vehicles. Take clear pictures of your visible injuries and the gear you were wearing. These images serve as powerful evidence that preserves the reality of the scene long after the wreckage is cleared.
Cooperate with Authorities and First Responders
When the police arrive, provide a factual account of what happened. Avoid speculating or admitting fault, even in a polite way. Simply state the facts of your direction of travel and the actions of the other vehicle. Cooperating fully ensures the official record is as accurate as possible for your motorcycle accident lawyer.
Meet with a Doctor to Get Your Injuries Checked Out
Adrenaline often masks serious pain. Some injuries, like internal bleeding or soft tissue damage, may not show symptoms for hours or days. Visiting a doctor immediately links your injuries directly to the accident. This medical record is the foundation of any successful personal injury claim or lawsuit.
Report the Motorcycle Accident to Your Insurance Provider
Notify your insurance company that an accident occurred, but be brief. You are required to report the incident, but you are not required to give a recorded statement or accept a settlement on the spot. Stick to the basic facts: where, when, and who was involved.
Filing an Insurance Claim After a Motorcycle Accident
Navigating the insurance process in West Virginia can be complex. Because the state follows a “fault” system, the person responsible for the crash is liable for the resulting damages.
You will likely deal with the at-fault driver’s insurance company, which may try to minimize your payout by blaming your “biker lifestyle” or claiming you were speeding.
When you come to the bros at Skinner Accident & Injury Lawyers, we can handle these communications for you. Our attorneys can ensure that the insurance adjusters treat your claim with the seriousness it deserves while we work to recover the full value of your policy limits.
Can I Sue the Person or Party Who Caused the Motorcycle Accident?
Yes, if the insurance company refuses to offer a fair settlement, filing a personal injury lawsuit is often the next logical step.
A lawsuit allows us to use the discovery process to uncover deeper evidence, such as the other driver’s phone records or vehicle “black box” data. While many cases settle before reaching a courtroom, initiating a lawsuit signals to the opposition that we are prepared to fight for your rights in front of a jury if they refuse to be reasonable.
Should I Accept a Settlement Offer from the Insurance Company?
Not without consulting an attorney first.
Many insurance companies offer low initial settlements to avoid paying out the true value of a claim. That initial offer may not account for all of your current and future medical needs, damage to your property, and long-term impacts on your livelihood and overall quality of life.
Why You Need a Motorcycle Accident Lawyer After a Serious Crash
Going it alone after a serious accident could result in costly mistakes and setbacks. It’s in your best interests to speak with our attorneys about your motorcycle wreck and get strong representation from the bros.
An Attorney Can Tell You How Much Your Case Is Really Worth
Many victims undervalue their claims because they only look at current bills. A skilled motorcycle accident attorney calculates the “hidden” costs, such as future physical therapy, long-term lost earning capacity, and the enduring impact on your quality of life. We ensure that your demand for compensation reflects the true, total cost of the accident over your entire lifetime.
A Lawyer Can Negotiate with the Insurance Company for You
Insurance adjusters are trained to protect their company’s bottom line, not yours. They often use high-pressure tactics to get you to sign away your rights for a fraction of what you deserve. We act as your shield, handling all negotiations and utilizing aggressive strategies to counter their lowball offers, ensuring you are never bullied into a bad deal.
An Attorney Can Represent You in Court if Your Case Goes to Trial
If negotiations stall, you need a litigator who is comfortable in the courtroom. Our firm has the resources to hire accident reconstruction experts and medical specialists to testify on your behalf. We present a compelling narrative to the jury, focusing on the negligence of the other party and the profound physical and emotional toll the crash took on you.
A Lawyer Provides Peace of Mind While You Recover from Injuries
Focusing on legal deadlines and paperwork is the last thing you should do while trying to heal from a traumatic brain injury or broken bones. By handling the investigation, filings, and phone calls, we allow you to focus entirely on your recovery. You can rest easy knowing that a professional team is working tirelessly to secure your financial future.
Compensation in a Motorcycle Accident Case
After a motorcycle wreck, you can seek compensation to cover your economic and non-economic losses. When you work with the bros, we can review the lasting impact of a crash on your life and help you understand the true value of your claim.
Economic Damages
These are the quantifiable financial losses you have incurred. They include hospital stays, surgeries, prescription medications, and any specialized medical equipment you might need.
Furthermore, economic damages cover your lost wages from the time you missed at work and the repair or replacement costs for your motorcycle and safety gear.
Our law firm can meticulously track every receipt and invoice to ensure every penny is accounted for.
Non-Economic Damages
Not every loss comes with a price tag. Non-economic damages compensate you for the intangible suffering caused by the crash.
Non-economic damages include physical pain, emotional distress, anxiety, loss of enjoyment of life, and the loss of companionship if the accident affected your relationship with your spouse.
These damages are vital for acknowledging the human element of your trauma and providing a sense of true justice.
Punitive Damages
In rare cases where the defendant’s behavior was especially egregious (such as a drunk driver or someone acting with extreme recklessness), punitive damages may be awarded.
Punitive damages are also known as exemplary damages. These are not intended to compensate the victim, but rather to punish the wrongdoer and deter others in the community from engaging in similar dangerous behavior.
The team at Skinner Accident & Injury Lawyers can review the evidence in your case and let you know if you may be eligible for these exemplary damages.
How Long Do I Have to File a Motorcycle Accident Lawsuit in West Virginia?
In West Virginia, the statute of limitations for personal injury claims is generally two years from the date of the accident.
While two years might seem like a long time, evidence can disappear and witness memories can fade quickly. Contacting our motorcycle accident lawyers as soon as possible is essential to ensure that your claim is filed within these strict legal deadlines.
Why Choose Skinner Accident & Injury Lawyers After a Motorcycle Crash
There are many law firms that handle motorcycle wrecks in West Virginia. However, few firms can provide the same detail-oriented and high-calibre representation as Skinner Accident & Injury Lawyers.
- We’re an Established Name in the State’s Legal Community: The name “Skinner” has been part of the West Virginia legal community since 1969. John C. Skinner, Jr. was a partner at a law firm until he retired in 1981. Attorneys Stephen Skinner and Andrew Skinner have since carried on their father’s legacy.
- Our Attorneys Have Decades of Combined Experience: Attorneys Stephen Skinner and Andrew Skinner have more than five decades of combined legal experience. The attorneys at our law firm collaborate and bring many years of knowledge to every case.
- Our Firm Has Won More Than $100 Million for Our Clients: Since its founding, Skinner Accident & Injury Lawyers has secured more than $100 million for people in West Virginia and Virginia. We encourage you to look at our past verdicts and settlements to get a sense of what we can do for clients.
- We Can Travel to Meet You If You’re Injured or Rovering: Injuries could leave you stuck at home or the hospital as you recover. Our attorneys can travel to meet you wherever is most convenient. The bros are here to help accident victims in West Virginia and Virginia, and we’re comfortable going out into the community to make sure everyone is given the help they need.
- Free and Confidential Legal Case Reviews: You don’t have to worry about another bill if you want to speak with a lawyer about your motorcycle wreck. Skinner Accident & Injury Lawyers provides free and confidential legal consultations so you can get the answers you need.
- You Don’t Pay Unless We Win: The bros handle cases on a contingency fee basis. That means that clients pay no legal fees unless and until we win. If we can’t secure a pre-trial settlement or damages in court, you pay nothing.
Contact Our Charles Town Motorcycle Accident Attorneys Today
Get the help you need when you need it most. If you’ve been seriously injured in a motorcycle crash, the bros are prepared to advocate for you. To request a free and confidential consultation, contact our law firm today.