Fairmont Motorcycle Accident Lawyer
As a motorcycle accident victim, you may have hundreds of thousands of dollars in medical bills and may be unable to return to work. You may also experience extreme pain and be unable to enjoy life as you once did. When you are in this situation, you may be unsure that your life will ever return to normal.
Motorcycle collisions are different than car accidents. They usually cause more severe injuries which can make the claims more complicated. If you are the victim of a motorcycle crash, you need a knowledgeable Fairmont motorcycle accident lawyer who understands these cases. A dedicated personal injury attorney could work hard to get you the compensation you need.
Understanding Who Is At Fault for a Motorcycle Accident
Proving liability can be difficult under certain circumstances. In order to prove liability and bring a successful claim, a plaintiff must be able to show that:
- The defendant owed them a duty of care
- The defendant breached that duty
- The breach of duty caused the plaintiff’s injuries
Ideally, a police report or other document would show that the at-fault driver clearly caused an accident. However, in other circumstances, it is necessary to work with experts to reconstruct the scene to illustrate liability.
If a victim believes they may be liable to some extent, they should discuss this in their initial consultation with a motorcycle accident lawyer in Fairmont. Some states bar plaintiffs from any recovery if they were even one percent liable for their own accident. This is not the case in West Virginia.
As per West Virginia Code § 55-7-13c, plaintiffs who are partially responsible for their injuries can still recover for their damages. As long as they are less than 51 percent at fault, they can recover a proportionate amount of the compensation they are awarded.
Compensation for Injured Parties in Clarksburg
Injured individuals can have both economic and non-economic damages from their motorcycle accident injuries. Economic injuries are usually easy to prove and include medical bills and lost wages. On the other hand, non-economic damages such as pain and suffering and loss of companionship are often subjective and harder to prove.
Proving Pain and Suffering
Pain and suffering is a common damage claimed in motorcycle accident cases. Due to its subjectivity, the plaintiff and their attorney must take deliberate steps to prove the pain and suffering the plaintiff endured.
The victim should keep a daily log of all of their symptoms including headaches, sleepless nights, depression, and any other conditions. Additionally, it is important to tell their doctor about every symptom they experience and make sure to follow the doctor’s orders closely. This both creates a record of the person’s pain and shows that they are taking active steps to try to recover.
Other steps that plaintiffs can take to help prove their pain and suffering include:
- Record any activity they can no longer partake in
- Ask for pain medication if needed
- If there are visible injuries, document them with daily photographs
A Fairmont motorcycle accident attorney can further explain steps injured bikers can take to increase their chances of a successful claim.
How a Fairmont Motorcycle Accident Attorney Could Help
If you were injured while on your motorcycle, a Fairmont motorcycle accident lawyer could help. By consulting an attorney who understands this area of the law, you can start the process of recovering the compensation you deserve. Reach out today to learn more about your rights after a motorcycle accident.