The Duty to Protect Motorcycle Riders
Drivers of motor vehicles in Clarksburg accept a specific responsibility to operate their vehicles in a careful manner and take steps to prevent any foreseeable harm. This is known under the law as a duty of care, and it extends to all other drivers on the road, passengers, and even pedestrians.
A failure to fulfill this duty that results in an accident may indicate that a defendant driver was legally negligent. Common examples of negligent driving include:
- Failing to check blind spots before changing lanes
- Texting while driving
- Running stop signs
A Clarksburg motorcycle crash attorney could help examine the actions of defendant drivers to prove that they were negligent and at-fault for the incident, as well as ensure that a case meets the state’s statute of limitations. West Virginia Code §55-2-12 establishes a time limit of two years from the date of the injury for when a court will hear a motorcycle accident case.
Recovering After a Motorcycle Crash
Motorcycle riders have little physical protection in case of an accident. Even those who wear a helmet and protective clothing have little standing between them and the pavement in the event of a crash. As a result, the physical injuries that may result from a motorcycle accident tend to be serious.
Even if an injured rider is lucky enough to escape with moderate cuts and scrapes, they may still require medical attention to prevent infection and may require painkillers to endure the healing process. More serious examples of injuries can include:
- Separated joints
- Broken bones
- Friction burns
- Brain injuries
However, a physical injury may not be the extent of a biker’s losses. Many such incidents leave a rider unable to work for the foreseeable future. In addition to hospital bills and other damages directly related to injury treatment, a negligent defendant could also be liable to provide compensation for this lost income.
In addition, a claim may demand payments for any mental anguish stemming from the plaintiff’s experiences. This can include a loss of quality of life, pain due to a physical injury, or even PTSD. A motorcycle accident lawyer in Clarksburg could work with a plaintiff to properly value their claim and seek appropriate compensation for all their injuries and losses.