Martinsburg Motorcycle Accident Lawyer

When You Need Justice After a Motorcycle Accident

If you recently suffered serious injuries or a loved one died in a motorcycle crash in West Virginia, contact the Martinsburg motorcycle accident attorneys at Manchin Ferretti Injury Law. We can discuss your options for recovery, as one or more at-fault parties could owe you compensation for your damages.

A collision between a motorcycle and a motor vehicle is almost always more severe for the motorcyclist. Unlike car drivers, motorcyclists don’t have the protective metal shell, seat belt, or airbag to prevent injuries.

Navigate This Page

• Why Choose Us?
• How a Martinsburg Motorcycle Attorney Can Help
• Are You Eligible for Recovery?
• Fault Laws in West Virginia
• Partial Fault in Motorcycle Accidents
• Steps After a Motorcycle Accident
• Value of Your Motorcycle Accident Claim
• Time Limits for Filing a Claim
• Common Motorcycle Accident Injuries
• Common Causes of Motorcycle Accidents
• Contact a Martinsburg Motorcycle Accident Lawyer
• Frequently Asked Questions

Why Choose Us?

• We are a client-centered personal injury firm that believes in close communication, customized legal services, and treating clients like family.
• Our accident attorneys in Martinsburg have been helping individuals and families throughout West Virginia recover compensation for their injuries since 1983.
• We have years of practice area experience representing motorcycle accident clients and understand the unique laws that accompany these claims.
• We accept Martinsburg motorcycle accident cases on a contingency fee basis, meaning no lawyer’s fees unless we win.

How a Martinsburg Motorcycle Attorney Can Help

When you hire a motorcycle accident lawyer in Martinsburg, you gain an advocate ready to help you every step of the way. Your lawyer will be responsible for:

• Fully investigating the incident to determine liability
• Handling all negotiations with the other parties involved
• Preparing to take the case to trial if necessary

Your lawyer will use their resources to stand up to the other parties involved, and you won’t be responsible for paying legal fees until after your attorney successfully recovers the compensation you’re entitled to.

Are You Eligible for Recovery?

A successful claim could lead to awards for several different damages, such as:

• Hospital bills and health care expenses
• Past and future lost income
• Physical pain and emotional distress
• Motorcycle repairs or replacement
• Attorney’s fees
• Punitive damages

The best way to get an accurate evaluation of your motorcycle accident case is with a free legal consultation. Give an attorney the details about your accident and how it has affected your life to start your injury claim.

Fault Laws in West Virginia

West Virginia is a fault-based car accident state. As an injured party, you or your lawyer must identify the at-fault party before filing an insurance claim. You’ll file your initial insurance claim with the at-fault party’s insurance provider.

If the at-fault party doesn’t carry insurance, you may be able to file a first-party claim with your auto insurer. Unfortunately, insurance companies often treat motorcyclists unfairly due to biases and stigmas against them.

Partial Fault in Motorcycle Accidents

West Virginia follows a “modified comparative negligence” system. This means:

• If you’re 50% or more responsible for your injuries, you can’t recover compensation.
• If you’re less than 50% responsible, you can still recover compensation, but it will be reduced by your fault percentage.

For example, if you sustain $100,000 in damages but are found 30% at fault, you would recover $70,000.

Steps After a Motorcycle Accident

After a motorcycle accident, take these crucial steps:

• Seek medical care immediately, even for minor injuries.
• Involve the police to conduct a preliminary investigation and generate an accident report.
• Gather evidence if it’s safe to do so, including photos and witness contact information.
• Report the incident to your insurance carrier as soon as possible.

Value of Your Motorcycle Accident Claim

There’s no set amount for motorcycle accident claims. Factors affecting compensation include:

• Severity of injuries
• Level of pain and suffering
• Ability to work during recovery
• Long-term impact on quality of life

Time Limits for Filing a Claim

In West Virginia, the personal injury statute of limitations is two years from the date of the accident. If you don’t file your lawsuit within this timeframe, your case will likely be dismissed.

Be aware of insurance carrier reporting deadlines as well, which are often within a day or two after the incident occurs.

Common Motorcycle Accident Injuries

Our Martinsburg motorcycle accident lawyers help victims secure compensation for various injuries, including:

• Road rash
• Traumatic brain injuries
• Spinal cord injuries
• Broken or dislocated bones
• Crush injuries or amputations
• Internal organ damage or internal bleeding
• Severe lacerations or puncture wounds

Common Causes of Motorcycle Accidents

At Manchin Ferretti Injury Law, we’ve identified some of the most common causes of motorcycle accidents:

• Motor vehicle driver error
• Distracted driving
• Drowsy driving
• Drugged or drunk driving
• Failure to yield the right-of-way
• Speeding
• Red-light running
• Dangerous roadways
• Motorcycle defects

Our Martinsburg motorcycle collision lawyers understand West Virginia’s fault laws and how to use them to your best advantage.

Contact a Martinsburg Motorcycle Accident Lawyer

As the victim of a motorcycle accident or a surviving loved one, you have rights. Discover them with help from a motorcycle crash lawyer at Manchin Ferretti Injury Law today.

Request a free motorcycle accident consultation online or call our Martinsburg law office at (304) 458-5403 today.