Martinsburg Motorcycle Accident Lawyer

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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 to discuss your options for recovery. 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. A motorcyclist does not have the protective metal shell, seat belt or airbag to prevent injuries that a driver has.

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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

It is not uncommon for individuals to be on the fence about hiring an attorney after a motorcycle accident. When you turn to a motorcycle accident lawyer in Martinsburg, you will have an advocate ready to help you every step of the way. Insurance carriers and legal teams for the other side regularly put up a strong fight against having to pay out compensation. Any motorcyclist who sustains an injury or property damage deserves compensation, and they deserve an adequate legal team.

Your lawyer will be responsible for many aspects of the claim, including:

  • Fully investigating the incident to determine my ability
  • Handling all negotiations with the other parties involved
  • Fully preparing to take the case to trial

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

Are You Eligible for Recovery After a Motorcycle Accident?

An insurance claim against one or more at-fault parties could lead to a settlement that covers your accident-related losses in West Virginia. Some cases, however, must go to court for the victim to receive fair compensation. The motorcycle accident attorneys at Manchin Ferretti Injury Law can assess your case and help you take the best route for recovery for your particular situation. 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. Then, work with a Martinsburg motorcycle collision lawyer from Manchin Ferretti Injury Law to fight for maximum possible compensation.

What Are the Fault Laws in West Virginia?

West Virginia is a fault-based car accident state, meaning as an injured party, you or your lawyer must identity the at-fault party before filing an insurance claim. You will file your initial insurance claim with the at-fault party’s insurance provider. If the at-fault party does not carry insurance, you may be able to instead file a first-party claim with your auto insurer.

Unfortunately, insurance companies often treat motorcyclists unfairly during claims due to biases and stigmas against them. Hire a motorcycle accident lawyer in Martinsburg to handle the claims process for you to ensure a fair chance at financial recovery.

What If I Was Partly At Fault for a Motorcycle Accident?

Not every single motorcycle accident is straightforward, which means there are often multiple parties at fault for an incident. Under West Virginia law, there is a “modified comparative negligence” system in place. This system is designed for situations where there are multiple parties at fault in order to help a portion of compensation based on the percentage of fault.

In West Virginia, individuals who are 50% or more responsible for their own injuries will be unable to recover compensation for the incident. However, individuals who are less than 50% responsible for the incident can still recover compensation, though the total amount they receive will be reduced depending on their fault level.

For example, let us suppose a person sustained $100,000 worth of damages after a motorcycle crash in West Virginia. However, let us also suppose that a jury finds that the individual was 30% responsible for the incident because they failed to use a turn signal. Under this theoretical scenario, the motorcyclist would recover $70,000 instead of the full $100,000. The $30,000 less accounts for the 30% of fault the individual had for the incident.

What Should I Do After a Motorcycle Accident in West Virginia?

In the aftermath of a motorcycle accident, victims will need to take several steps in order to ensure their well-being. This includes the following:

  • Seek medical care. Motorcycle accident victims must seek assistance from a doctor as soon as possible. Even if the injuries seem relatively minor, motorcycle accident victims need to ensure their well-being while also establishing a link between the motorcycle crash and their injuries.
  • Involve the police. Law enforcement needs to be present at any motorcycle accident crash so they can conduct a preliminary investigation and generate an accident report.
  • Gather evidence. If it is safe to do so at the scene of the motorcycle crash, victims should do what they can to gather as much evidence as possible. This can include taking pictures of any damages, injuries, causes of the crash, and more. This also includes gathering the names and contact information of any eyewitnesses to the crash.
  • Report the incident to the insurance carrier. Most motorcycle accident insurance carriers require that the incident be reported as soon as possible after the crash occurs. Failing to report the incident could result in a claim being delayed or denied unnecessarily.

How Much is My Motorcycle Accident Injury Claim Worth?

There is no set amount of money that a motorcycle accident victim will receive in the aftermath of a crash. No two claims are exactly alike, and there are various factors that could influence the total amount of compensation the victim receives. Some of the factors that can affect how much compensation motorcycle accident victims receive in Martinsburg include the severity of the injuries, the level of pain and suffering the victim and yours, whether or not a victim is able to work while they recover, and more.

How Long Do I Have to File a Motorcycle Accident Claim?

It is important for individuals involved in a motorcycle accident to know they have a limited amount of time to file their lawsuit in court. Each state is allowed to set a statute of limitations for personal injury claims, which is the maximum time limit for individuals to file lawsuits. In West Virginia, the personal injury statute of limitations is two years from the date an accident occurs. If a motorcycle crash victim does not file their lawsuit within this two-year timeframe, their case will likely be immediately dismissed, leaving the victim unable to recover compensation for their losses.

However, the personal injury statute of limitations is not the only time frame that individuals need to be aware of. After most motorcycle accidents, there will be an insurance carrier involved in the claim. Each insurance carrier has its own reporting deadlines related to filing claims, and these deadlines are often within a day or two after the incident occurs. Failing to promptly file an insurance report after a motorcycle accident in West Virginia could lead to a claim delay or even a denial from the insurance carrier.

Common Motorcycle Accident Injuries

Motorcycle accidents can lead to a range of injuries for victims. Some of the most common injuries that our Martinsburg motorcycle accident lawyers help victims secure compensation for include the following:

  • 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

Motorcyclists are very susceptible to sustaining serious injuries in the event they are involved in a collision. Even when wearing a helmet, a motorcyclist can still sustain significant bodily harm. Often, these incidents result in two impacts that can cause injuries – one with another vehicle and one with the ground.

What are Common Causes of Motorcycle Accidents?

Almost all motorcycle accidents are preventable. If every roadway user took his or her duties to drive safely seriously, motorcycle accidents would be far less common. At Manchin Ferretti Injury Law, we have assisted enough clients with motorcycle accident claims to recognize some of the most common causes of these collisions. These include:

  • 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

Identifying the appropriate at-fault party for your motorcycle accident is a task we could help you with as your motorcycle crash attorneys. We can investigate your crash, revisit the scene of the accident, examine police reports, interview eyewitnesses, hire experts and take other steps to determine fault. 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. You could be eligible for compensation for you and your family’s related financial, physical and emotional damages. Find out how we can help you recover. Request a free motorcycle accident consultation online or by calling our Martinsburg law office at (304) 264-8505 today.

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