Morgantown Motorcycle Accident Lawyers

Most motorcycle crashes are not the rider’s fault. They happen because another driver was careless.

The most common causes we see include:

• Drivers Who Never See the Rider: A driver turning left at an intersection or merging into traffic without checking their blind spot is one of the leading causes of motorcycle crashes.
• Distracted Driving: A driver looking at a phone can drift into a lane or miss a stopped motorcycle entirely.
• Speeding and Tailgating: Following too closely leaves no room to react, and high speeds turn a minor mistake into a serious crash.
• Drunk or Impaired Driving: Alcohol and drugs slow reaction time and impair judgment.
• Unsafe Lane Changes: Cutting across lanes without signaling or checking for a motorcycle can cause a rider to run off the road.
• Road and Weather Hazards: Potholes, loose gravel, debris, and poor visibility on mountain backroads are far more dangerous on two wheels than four.

Pinpointing the real cause takes a careful investigation. Our team can gather evidence showing what happened so the blame lands where it belongs.

Because riders are so exposed, motorcycle crash injuries are often severe and life-changing.

Some of the most common include:

• Road Rash: Skin scraped against pavement can cause deep wounds, infection, and permanent scarring.
• Broken Bones: Arms, legs, wrists, and ribs often break when a rider hits the ground or another vehicle.
• Traumatic Brain Injuries: Even with a helmet, a violent impact can cause a traumatic brain injury that affects memory, mood, and the ability to work.
• Spinal Cord Injuries: Damage to the spinal cord can lead to lasting nerve problems or paralysis.
• Internal Injuries: Damage to organs is not always obvious right away, which is one reason prompt medical care matters so much.

Serious crashes near Morgantown often mean a trip to J.W. Ruby Memorial Hospital, the region’s Level I trauma center, or to Mon Health Medical Center. The cost of that care, plus follow-up treatment and lost income, adds up quickly. Your claim should account for all of it.

Proving who caused a crash is the foundation of your claim, and the driver’s insurance company will look for any reason to shift blame onto you. Strong evidence is what protects you: the police report, photos from the scene, witness statements, traffic or surveillance video, and data pulled from the vehicles involved. In more complicated cases, a crash reconstruction can show exactly how the collision happened.

West Virginia uses a modified comparative fault rule under West Virginia Code § 55-7-13c. In plain terms, you can still recover money even if you were partly to blame, as long as your share of fault is not greater than the combined fault of everyone else involved.

If you are found partly responsible, your recovery is reduced by your percentage of fault. So if your damages are $100,000 and you are found 20% at fault, you would recover $80,000. This is exactly why insurers fight so hard to pin blame on riders, and why having a lawyer in your corner protects your recovery.

West Virginia has a universal helmet law. Under West Virginia Code § 17C-15-44, every motorcycle operator and passenger, regardless of age, must wear a helmet that meets recognized safety standards. The law also requires shatter-resistant eye protection, such as safety glasses, goggles, or a face shield, and any windshield on the bike must be made of shatter-resistant material.

If you were not wearing a helmet, do not assume your case is hopeless. A driver who caused your crash is still responsible for the harm they did. The insurance company may try to use a helmet question to reduce your compensation, but that is an argument an experienced lawyer can answer. Talk with us before you accept any version of events that blames you.

Corrected per W. Va. Code 17C-15-44(b): shatter-resistant eye protection is required for every operator and passenger regardless of a windshield. The draft’s ‘unless windshield’ exemption was inaccurate; WV separately requires any windshield to be shatter-resistant. Recommend firm sign-off on this legal wording before publication.

What you do in the hours and days after a crash can shape your health and your claim. If you are able, take these steps:

• Call 911. Reporting the crash creates an official record and gets medical help on the way.
• Get medical care right away. Some injuries, like a brain bleed or internal damage, do not show symptoms at first.
• Document the scene. Photograph the vehicles, the road, your injuries, and anything that may have contributed, like debris or a blind intersection.
• Get contact information. Collect names and numbers from the other driver and any witnesses.
• Be careful with insurers. Do not give a recorded statement to the other driver’s insurance company before you talk to a lawyer.

The sooner we can start, the more evidence we can preserve. You can reach our office any time.

In most cases, your recovery starts with a claim against the at-fault driver’s insurance. But insurers rarely make it easy. They may delay, deny your claim outright, or offer a lowball settlement and hope you take it while you are still recovering. You do not have to accept the first number they put in front of you.

If the driver who hit you had no insurance, or not enough to cover your injuries, your own uninsured and underinsured motorist coverage may help fill the gap. Under West Virginia’s uninsured motorist law, the same coverage can also apply in hit-and-run cases, where the at-fault driver is never found. Sorting out which policies apply gets complicated, and we can help.

A full claim looks at far more than your first hospital bill. Depending on your situation, you may be able to seek money for past and future medical care, lost wages, reduced earning ability, pain and suffering, and damage to your motorcycle.