Elkins Motorcycle Accident Lawyer
Motorcycling is a popular recreational pastime for residents in Elkins. A few even use their bike to commute to work. However, motorcycle collisions are common in the area. Moreover, riders are at considerable risk of sustaining significant injuries if they are involved in a crash with another vehicle.
If you were injured while riding your motorcycle because of another careless driver, you could consider talking with an Elkins motorcycle accident lawyer to see if you have a claim for damages. A motorcyle accident attorney can fight for successful results for your case and make every effort to get you financial compensation for the harm you have suffered.
Determining Liability in an Elkins Motorcycle Collision
Before an injured motorcyclist can collect compensation, they must be able to show that someone else is liable for their damages. It can be difficult to assess liability in a motorcycle crash, so seeking advice and legal assistance from an Elkins professional is recommended.
Often, another motorist is responsible for the motorcyclist’s injuries. For example, if a driver was speeding, driving
drunk, or failing to yield and hit the biker, they could be liable for losses the injured person sustained due to their negligence.
If the motorcycle collision involved multiple other vehicles, more than one party may bear legal liability for the biker’s injuries. For example, when poor roadway maintenance is a factor in a motorcycle wreck, the local government entity could be liable, in addition to a negligent motorist. To hold a person or entity responsible for a motorcyclist’s damages, their Elkins legal advisor has to show that the other party owed the biker a duty of care, violated that duty, and directly caused the biker’s injuries and losses.
Compensation for Injured Elkins Motorcyclists
Motorcyclists who sustain injuries in a wreck caused by someone else’s negligence could be owed several types of compensation. These collisions often result in catastrophic or permanent injuries, such as:
- Broken bones
- Internal injuries
- Spinal damage
- Brain trauma
The injured individual can claim their economic losses, including lost wages, hospital bills, surgical expenses, the cost of rehabilitation or home health care, and other direct damages resulting from the motorcycle accident.
Compensation for the injured motorcyclist’s emotional damages such as pain and suffering and mental anguish can be recovered. While only awarded in very rare cases, if the at-fault party’s actions were intentional or egregiously negligent, the injured motorcyclist may be able to claim punitive damages as part of their case settlement.
The Timeline of a Personal Injury Case
The exact timeline of a personal injury case depends on the facts involved, but there is still a general process that these claims tend to follow. A motorcyclist’s injury case begins when they retain an attorney to handle their claim. Their Elkins legal representative will then launch a thorough investigation into all aspects of the motorcycle accident, collaborating with law enforcement, eyewitnesses, expert witnesses, and obtaining records showing the individual’s damages.
Once the motorcyclist is done with treatment, they would then typically submit a settlement demand to the defendant’s insurance company, containing all the evidence previously gathered and claiming a specific amount of damages. The insurance company has a certain time limit in which they must respond.
Usually, the insurance company will issue a counteroffer, and the negotiation process will start. The insurance company most likely will not settle the case right away, although they may do so in some cases.
Preferably, the plaintiff will reach a fair settlement out of court. However, if the insurer will not negotiate a fair settlement, it could be necessary to take the case to litigation. The motorcyclist’s legal advisor could evaluate whether going to court would be appropriate given the facts at play.
West Virginia only allows injured motorcyclists two years from the date of their accident to file a claim for damages (see West Virginia Code § 55-2-12). Therefore, it is best to seek legal counsel quickly when someone sustains severe injuries in an Elkins motorcycle collision so that the plaintiff does not miss out on any compensation.
Consult with an Elkins Motorcycle Accident Lawyer
An Elkins motorcycle accident lawyer can help you safeguard your legal rights and will work tirelessly for maximum results for your case. To schedule your case consultation, contact the office today to speak with a legal team member.