According to the National Highway Traffic Safety Administration (NHTSA), there were 5,932 motorcyclists killed (the highest number recorded since 1975) in the United States in 2021, representing 14 percent of all traffic fatalities. An additional 82,686 motorcyclists were injured in that same year.
Motorcycle accidents can be life-altering, devastating events, often leading to severe injuries and major financial burdens. For residents of Charleston, it’s crucial to understand the legal aspects of motorcycle accidents, whether you’re a rider or a concerned driver. This is where a Charleston, WV motorcycle accident lawyer can help. Schedule a consultation with DiPiero Simmons McGinley & Bastress, PLLC, today.
Common Causes of Motorcycle Accidents
When compared to car accidents, motorcycle collisions often result in more severe injuries due to the lack of protection for riders. In Charleston, as elsewhere, several common factors contribute to motorcycle accidents.
These can include:
- Driver Negligence: Most motorcycle accidents involve other vehicles, often when drivers don’t notice motorcycles or violate their right of way.
- Road Conditions: Poorly maintained roads, road debris, or lane-altering construction zones can also be significant risks to motorcyclists.
- Speeding: Excessive speed and reckless moves by either motorcyclists or other drivers often lead to collisions.
- Driving Under the Influence: Drunk driving or using drugs when driving greatly increases the chances of accidents involving motorcycles.
Steps to Take After a Motorcycle Accident
Motorcycle accidents can be shocking, chaotic, and life-threatening, and knowing the right steps to take immediately after one can help protect your safety, health, and legal rights.
Here are some tips for what to do if you find yourself in this unfortunate situation.
1. Check for Injuries and Seek Medical Attention
Your first priority after a motorcycle accident should be to assess injuries. Even if you think you’re fine at first, it’s important to remember that some injuries, such as internal bleeding or concussions, might not have immediately apparent symptoms and can worsen over time. Call for medical assistance immediately if you’re hurt or suspect someone else is. Prompt medical attention protects your safety and gives you documented evidence of your injuries, which can be critical for any future legal case.
2. Move to a Safe Area
If possible, move to a safe area away from traffic. While it’s true that leaving your motorcycle where it is can help preserve evidence, your safety is still the top priority. Turn on hazard lights and place warning triangles or flares to alert oncoming traffic to the accident if possible.
3. Call the Police
You should always report a motor vehicle accident to the police, regardless of how minor it may initially seem. Police will document the scene and gather information from all parties to create a police report. This report can be a key piece of official evidence should you pursue a personal injury claim.
While you should accurately describe the accident as you remember it to the responding officers, avoid admitting any fault at the scene. This could be used against you in a future court case.
4. Collect Information and Evidence
Get as much information and evidence as possible at the scene if you can. Including:
- Names, addresses, and contact information of all drivers, passengers, and witnesses
- Driver’s license and insurance information of the other driver(s)
- Photos and videos of the accident scene, including damage to your motorcycle, other vehicles, road conditions, relevant signage, and any visible injuries
- Contact information for the responding officers and a police report number, if available
All of this information will be crucial when filing an insurance claim or if you decide to pursue legal action.
5. Avoid Discussing Fault
Even though you may be upset or traumatized at the accident scene, it’s important to avoid discussing fault with anyone. Even a casual remark or an apology could later be misrepresented as an admission of guilt. Let your lawyer and insurance companies determine liability based on the facts.
6. Notify Your Insurance Company
It’s important to notify your insurance company following the incident promptly. Give them all of the necessary details and any documentation you’ve gathered. Keep in mind that while you must cooperate with your insurer, you’re not obligated to provide statements or any details to the other driver’s insurance company without first speaking with your own lawyer.
7. Keep Track of Medical Records and Expenses
Keep all documentation of your medical treatments and any related expenses. This is crucial for any personal injury claim and potential compensation. This includes detailed records of:
- Medical bills
- Prescription medication receipts
- Therapy or rehabilitation appointments
- Lost wages due to time off work
- Any additional out-of-pocket costs that are related to your accident
8. Seek Legal Counsel
Motorcycle accidents often result in complex legal cases, especially when serious injuries or significant damage occur. A personal injury attorney experienced in motorcycle accidents can help protect your rights, negotiate on your behalf with insurance companies, and, when necessary, represent you before a judge in court.
Your lawyer will also fight to ensure maximum compensation for your economic and non-economic losses, including medical bills, lost wages, pain and suffering, and any future expenses.
The Role of a Motorcycle Accident Lawyer
Several key duties make a motorcycle accident lawyer an invaluable asset to those injured in an accident.
Some of these include:
- Case Evaluation and Investigation: A reputable motorcycle accident lawyer will begin by conducting a thorough investigation into the circumstances of your accident. This will include gathering evidence like police reports, witness statements, and available surveillance footage.
- Negotiating with Insurance Companies: Dealing with insurance companies can be challenging, as they often seek to minimize payouts or deny claims altogether. Your lawyer handles these negotiations on your behalf to make sure that you’re getting fair compensation for your losses.
- Representation in Court: If a fair settlement can’t be reached through negotiation, your lawyer is prepared to represent you in court and advocate on your behalf. This includes presenting your case persuasively and fighting for the maximum compensation allowed by law.
Why Choose a Local Charleston, WV Motorcycle Accident Lawyer?
A lawyer based in Charleston, WV, brings invaluable knowledge of local traffic laws, court procedures, and judicial tendencies. Local expertise can often significantly enhance your case’s chances of success.
A local attorney can also provide you with more personalized attention and support compared to what you might get from larger firms. They understand your community and are dedicated to helping fellow residents like you recover and rebuild their lives after motorcycle accidents.
Having a Charleston, WV motorcycle accident lawyer nearby means you’ll have easier access to meetings and a greater sense of involvement in the legal process of your case.
Our Experienced Attorneys at DiPiero Simmons McGinley & Bastress, PLLC, Are Ready to Help
Navigating the aftermath of a motorcycle accident can be a daunting and frustrating experience.
At DiPiero Simmons McGinley & Bastress, PLLC, our skilled personal injury lawyers can guide you through the complexities of legal proceedings, advocate for your rights, and help secure the compensation you deserve. Whether you’re facing medical bills, lost wages, or emotional trauma, seeking legal representation can make a significant difference in your recovery journey.
If you or a loved one has been involved in a motorcycle accident, don’t hesitate to reach out to a trusted Charleston, WV motorcycle accident lawyer for assistance.
Contact us today for a free consultation.
