What Should I Do After a Motorcycle Accident?
With numerous community-tracked motorcycle routes, Charles Town has a busy local riding community. For many residents, motorcycling is their main mode of transportation. While there are plenty of benefits, including cost-effectiveness and fuel efficiency, the reality is that riders have very little physical protection on the road.
Motorcycle accidents are relatively common in the region, and they can cause serious injuries and, in the worst cases, fatalities. If you or a family member has been involved in a crash, you may be wondering what your legal options are.
The motorcycle accident attorneys at Skinner Accident & Injury Lawyers have over 75 years of combined experience helping injured people in Charles Town and across West Virginia. We take a client-first approach to personal injury cases, prioritizing your peace of mind and fighting for the compensation you deserve. Here are some key steps you should take after a motorcycle collision.
What Should I Do First After a Motorcycle Accident?
After any collision, your safety comes first. If you are able to move, get yourself to a safe location away from traffic. Once you are safe, call 911 so police and emergency medical responders can come to the scene. This ensures you receive medical attention as soon as possible and that the collision is officially documented.
It is essential that nobody involved leaves the scene before law enforcement arrives and gives permission to leave. Under West Virginia Code §17C-4, drivers involved in crashes that result in injuries must immediately stop at the scene and remain there until all legal requirements have been met. If drivers are physically able, they must also provide their name, contact information, and vehicle and insurance details to law enforcement officers.
What Information Should I Collect from the Motorcycle Accident Scene?
The evidence and documentation you collect at the crash scene can have a significant impact on your motorcycle accident claim and the amount of personal injury compensation you may recover.
Consider gathering:
- Photos and Video: Images of vehicle positions, damage, skid marks, road conditions, debris, traffic controls, and lighting.
- Vehicle and Insurance Details: The other driver’s insurance information, license plate number, and vehicle description.
- Witness Information: Names and contact details for anyone who saw the collision or the events leading up to it.
- Driver Statements: Any comments the other driver makes that may indicate fault or distraction.
- Environmental Details: Weather, traffic flow, construction, or hazards that may have contributed to the crash.
- Your Own Account: Notes or a voice recording capturing your memory of what happened while the details are fresh in your mind.
If you were unable to collect evidence at the scene, do not panic. Our Charles Town motorcycle accident attorneys can help you gather everything you need for your claim. We can make formal requests for police reports, witness statements, and any available video footage from nearby businesses, and we can document the damage to your motorcycle. You do not have to build your case alone. We are here to take on the full legal burden of your motorcycle accident injury claim.
Should I Seek Medical Treatment Even If I Feel Fine?
Seeking medical treatment after a motorcycle crash is not only vital for your well-being, but it also strengthens your personal injury claim. Injuries after a motorcycle accident are often obvious, but that is not always the case.
Hidden Injuries Are Common After a Motorcycle Crash
A motorcycle collision is highly traumatic, and your body will release large amounts of adrenaline, which can mask pain. Injuries such as concussions and traumatic brain injuries, internal bleeding, soft tissue damage, and spinal cord trauma often do not appear immediately.
Why Early Medical Care Matters for Your Motorcycle Accident Claim
Medical records create an official paper trail. They establish a clear, early connection between the crash and your injuries. If you delay seeking medical treatment, it allows insurance companies to dispute whether your injuries were caused by the motorcycle crash.
Remember: Follow-Up Care Is Just as Important
Some injuries develop or worsen in the days or weeks following a motorcycle collision. That is why follow-up care is essential. Attending these appointments also shows how your injuries affect your daily life. This documentation allows your motorcycle accident lawyer to pursue the maximum possible compensation under West Virginia personal injury laws.
Should I Report the Crash to My Insurance Company?
When claiming compensation for motorcycle accident injuries, it is important to show that you followed your insurance policy terms. Even if you believe the other driver is fully at fault, you should report the accident.
Why Early Notice to Your Insurance Company Matters
Most insurance companies require accidents to be reported within a reasonable time. Any delays in reporting the accident to your insurer could result in them claiming that they were denied the opportunity to properly investigate the crash. This can delay your motorcycle accident claim, reduce the amount of compensation you receive, or even result in a complete claim denial.
Important Note: Be Careful What You Say
When speaking with insurance companies, it is important to focus only on the essential facts. Avoid offering opinions about who was at fault or describing the severity of your injuries. Before giving any statements, it is in your best interests to consult a motorcycle accident attorney who can guide you through the process and protect your claim.
When Should I Contact a Motorcycle Accident Lawyer?
In short, the answer is as soon as possible. You should focus on your health first, but after that, contacting a motorcycle accident lawyer should be your priority.
Legal guidance for your motorcycle accident claim in West Virginia is especially important when:
- Your Injuries Are Serious: Fractures, head injuries, spinal damage, or any condition requiring ongoing treatment often lead to high medical costs and long-term impacts.
- Fault Is Being Disputed: If the other driver denies responsibility or claims you contributed to the crash, an attorney can gather evidence and build a stronger case.
- The Insurance Company Is Delaying or Disputing Your Claim: Adjusters may question your injuries, minimize your losses, or attempt to resolve the claim for less than it is worth.
- You Missed Work or Will Need Future Medical Care: These losses can be difficult to calculate without legal support, especially when future treatment or reduced earning capacity may be involved.
An experienced motorcycle accident attorney can collect and preserve evidence, speak with insurance companies on your behalf, and identify every available source of compensation, including underinsured or uninsured motorist coverage.
What Not to Do After a Motorcycle Accident
Recognizing what not to do after your crash is just as important as knowing the right steps to take. Certain actions can significantly weaken your personal injury claim and give insurance companies a reason to dispute your case. Here are some key points to remember:
Do Not Admit Fault at the Scene
Even a polite apology at the scene can be misinterpreted and used against you. Determining liability for a motorcycle accident should be left to law enforcement, your attorneys, and any necessary accident reconstruction experts.
Do Not Skip Medical Treatment
Missing medical appointments or skipping recommended treatment can lead insurance companies to argue that your injuries are not as serious as claimed. This can significantly reduce the value of your case. Consistent medical care protects both your health and the strength of your motorcycle accident compensation claim.
Do Not Post About the Crash on Social Media
Insurance companies commonly review social media accounts, and these posts can be used as evidence in court. Even innocent photos, comments, or updates can be taken out of context. For example, a simple picture from a short family outing may be used to argue that you are more active and mobile than your injuries suggest, even if the outing left you in significant pain afterward.
Do Not Repair or Dispose of Your Motorcycle Immediately
Your motorcycle may be totaled or in need of repair after the crash, but it is important to preserve it exactly as it is. Disposing of the bike or repairing it too soon can destroy critical evidence, including impact points, structural damage, and mechanical issues that may help demonstrate how the collision occurred. Keeping the motorcycle intact allows your attorney and any necessary experts to examine it thoroughly and use it to support your personal injury claim.
What Are the Most Important Motorcycle Accident Laws in West Virginia?
Several key laws in West Virginia can directly influence the outcome of your motorcycle accident claim. Below are three important legal factors every injured motorcyclist should understand:
West Virginia’s Motorcycle Helmet Laws
Under West Virginia Code §17C-15-44, all motorcycle riders and passengers must wear a helmet that meets federal safety standards. This law exists to reduce the risk of head injuries and fatalities. After a crash, helmet use becomes important evidence, especially when insurance companies argue about the severity or cause of injuries.
A few key points about helmet laws include:
- Who Must Wear a Helmet: All motorcycle operators and passengers, regardless of age.
- Helmet Requirements: The helmet must be securely fastened and meet DOT or equivalent federal standards.
- Eye Protection: Riders must also use a face shield, goggles, or a windshield of sufficient height.
- How It Affects Claims: Insurance companies may try to argue that not wearing a helmet contributed to the severity of head injuries, which can reduce compensation.
Comparative Negligence Rules
West Virginia follows a modified comparative negligence system. This law allows injured riders to recover compensation even if they are partly responsible for the accident. However, your percentage of fault will reduce your compensation, and you cannot recover anything if you are found to be 50% or more at fault.
Comparative negligence is frequently relied on by insurance companies to reduce the compensation they owe. The attorneys at Skinner Accident & Injury Lawyers can make sure fault is evaluated fairly and that you recover the compensation you deserve and need to move forward with your life.
West Virginia’s Statute of Limitations for Motorcycle Injury Claims
Under West Virginia law, you have two years from the date of the motorcycle accident to file a personal injury lawsuit. Missing this deadline will prevent you from recovering compensation, no matter how strong your case may be. This is why it is so important to contact a motorcycle accident law firm as soon as possible. Early legal guidance ensures that your claim is filed on time and supported with the evidence needed to protect your right to compensation.
What Compensation Can I Recover After A Motorcycle Crash?
A successful motorcycle accident claim can cover both financial and personal losses. Depending on the severity of your injuries, your attorney may help you pursue:
- Medical Expenses: Emergency treatment, hospital care, surgery, medication, physical therapy, and future medical needs.
- Lost Income: Wages lost while you recover and reduced future earning capacity if your injuries affect long-term employment.
- Pain and Suffering: Compensation for physical pain, emotional distress, and the overall impact on your quality of life.
- Property Damage: The cost of repairing or replacing your motorcycle and protective gear.
- Out-of-Pocket Costs: Transportation, mobility aids, and other expenses caused by the accident.
Our Charles Town motorcycle accident lawyers can evaluate every category of loss to ensure that no part of your claim is overlooked.
Why Choose Skinner Accident & Injury Lawyers After a Motorcycle Accident?
Choosing the right attorney can make a significant difference in the outcome of your claim. At Skinner Accident & Injury Lawyers, you benefit from:
- Extensive Experience: Our attorneys have more than 75 years of combined experience representing injured riders and building compelling motorcycle accident claims.
- Local Insight: As a long-standing West Virginia law firm, we understand the roads, traffic patterns, and factors that commonly contribute to motorcycle crashes in and around Charles Town.
- A Strong Record of Results: With over 100 million dollars recovered for injured clients, we are committed to securing the compensation you need and deserve.
Call our Charles Town office at (304) 777-7777 to speak with a motorcycle accident lawyer who will put your recovery first.