If you or a loved one has been hit by a vehicle, you should seek medical care as soon as possible. You should also contact a West Virginia bicycle accident lawyer about your right to claim compensation. Bicyclists lack the protective shell that a vehicle body provides. Consequently, they can suffer severe injuries when struck by cars, trucks, buses and other vehicles.
The Manchin Injury Law Group in Fairmont, West Virginia is a team of highly experienced WV personal injury attorneys. We aggressively represent our clients, seeking maximum compensation for their medical costs, lost income, pain and suffering, and other losses.
For a free consultation with our West Virginia bike accident attorneys, call us at (304) 367-1862.
Most roads with heavy traffic have bicycle lanes beside the main section of the road. The lanes are usually between on-street parking and driving lanes. A person can easily injure a bicyclist by opening a parked car’s door without looking first. If the bicyclist and the car are close enough and the bicyclist is going fast, he or she will most likely not be able to stop. Hitting an open car door at high speed can severely damage a bicyclist.
Larger cars, such as semi-trucks, large commercial vans, and tractor-trailers are often significantly up off the ground. Being higher off the ground makes it more difficult for the driver to see a bicyclist. Any contact could cause a bicycle accident. If visibility is low, it is more likely that the driver will inadvertently brush a bicyclist.
Another cause of bicycle accidents comes from cars making right turns. It is more difficult for drivers to see bicyclists when they are turning right, increasing the risk that they may not see a bicyclist and hit him or her as they are turning.
You need to prove a driver was driving negligently and that his or her negligent actions caused your injury. When drivers are on the road, they automatically have a duty to drive in a way that keeps them and the other people on the road reasonably safe. If a driver caused the incident, he or she did not uphold his or her duty. Failure to uphold his or her duty and being the cause of your injury make him or her liable, and a court would rule that the driver should compensate you for injuries due to the incident.
A court can award a bicyclist damages in such a case. The most basic compensation for is medical expenses. If the defendant seriously injured you and you subsequently had medical bills, he or she is responsible for compensating you.
The court could also award you damages for your pain and suffering, which focuses on compensating you for the emotional, physical, and psychological distress or anxiety you experienced because of the incident. To determine the emotional and mental pain and suffering, your West Virginia bicycle accident attorney would call in witnesses to attest to the difficulties you have been experiencing since the accident.
If the accident caused considerable damage to your bicycle, the court could also order the defendant to reimburse you the cost of bicycle repairs, or if the damage was significant enough, a new bicycle.
The court could also award you lost wages. If you had to take days off work because of your injury, the court could order the defendant to compensate you for the wages you would have earned. The court could also award you damages if the accident reduced your overall salary potential. If you can no longer earn as much as you did before the accident, this is grounds for additional compensation.
To schedule a free case evaluation, call the West Virginia bike collision lawyers at Manchin Injury Law Group at (304) 367-1862 or send us an email.
From our offices in Fairmont, we represent people in Clarksburg, Morgantown, and throughout West Virginia.