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What Can a Motorcycle Accident Attorney Do for You?
A Motorcycle Lawyer Can Offer You Tools You Need
An experienced motorcycle accident attorney can offer you a lot of benefits. You will need someone with experience in dealing with bike accidents and how to handle their cases. You will have peace of mind knowing that your medical bills will be addressed along with your claim. The Miley Legal Group takes pride in the care they give to their clients. You will have assigned staff to your case that will allow you to deal one on one with our firm. The assigned staff will deal with your medical providers and insurance companies directly on your behalf.
Your motorcycle attorney will protect your rights and provide personal service to you. You will be kept up to date on your case and you will receive any correspondences between our firm and those involved in your case. You will be comforted in knowing that if you are not treated fairly by the insurance company, we will utilize any resource available to fight for justice. We have a proven track record of fighting insurance companies to get what our clients are entitled to.
How Can a Motorcycle Accident Attorney Help Me?
How do we provide these things? We will educate you along the way. We will answer your questions and make sure you understand every step before a decision is made. We will immediately begin to gather documentation and evidence on your case. This will allow us to identify at-fault parties, insurance involved, and review the facts of your case. Our staff will also begin to interview witnesses and investigate the scene of the accident.
This will only be the beginning. The motorcycle accident claim process can be tedious and lengthy, you will be confident that you have chosen the best option when you choose our firm.
Do I Need a Motorcycle Lawyer?
Let a Motorcycle Accident Attorney Help You
You have been in a motorcycle accident. It was devastating; you were hospitalized and have begun recovery. What should you do? What should you not do? Who can help?
As with any accident, whether in a car or on a motorcycle, there are important factors you must consider immediately. You may not want to deal with the insurance company, with the medical bills or even deal with getting your motorcycle repaired. You are hurt, in a lot of pain and want to try and move on with your life. But who is going to pay your medical bills and who is going to put your life back together?
Severity of the Damages to You and Your Motorcycle Matter
In some instances, you may not need an attorney. In fact, if you only have property damages and you did not get medical attention, you probably could settle with the insurance company on your own. In fact, at your free consultation, that may be something that we recommend. However, if you have significant medical bills and possible permanent damage, you will need an attorney. If that’s the case, there are a number of things you need to be immediately made aware of.
One of the first things you need to be aware of are deadlines in the law that can affect your case. The most important date you need to be aware of, is the date a lawsuit must be filed by. If this date passes, you will miss you best opportunity to get the money you need to rebuild yourself and your bike. As with car accidents, a typical motorcycle accident case that involves injury has two years from the date of incident to file a lawsuit. Not two years from when you are recovered, but two years from the accident. (Children under the age of 18 who are injured fall under a different category, contact us for further details.)
Do Not Delay in Hiring a Motorcycle Lawyer
Delaying the process of hiring a lawyer and filing a claim can destroy your injury claim. It can also affect what you can recover. A delay in the process can affect the evidence that will be available to you and your attorney when working to collect.
In all accidents evidence is key. Your first and foremost actions should be to get the best medical attention you can and as quickly as you can. Healing should be your number one priority. This process will be long and hard, visits with doctors, physical therapists and chiropractors. Your first thoughts should not be to hire a lawyer, but waiting to do so can and will affect your case.
Preservation of evidence is necessary to win your case. An attorney has the experience to gather and protect what you will need in the coming months. Whether it is getting your motorcycle inspected or snapping picture of the accident scene before mother nature or other drivers destroy it; an experienced motorcycle attorney has the knowledge of what needs to be gathered to best present your claim. With the increase use of technology in courtrooms, evidence is becoming more and more important.
Insurance Companies Do Not Like Motorcycle Accident Victims
We have seen cases in which insurance companies will try any and all tactics to get out of paying what victims deserve. Accident scene reconstruction, injury graphics and even private investigators can be used to prove that you were somehow at fault for the accident. You will need an attorney to assist you in combating against not only the stigma of bike riders, but also against a number of these tactics. Insurance companies will look at damages to your bike, how much treatment you received, did you have pre-existing conditions, were there gaps in your treatment and even if you have taken prescription medication. They will have an attorney on their side and you will want one on yours.Their attorney will begin the process of protecting their bottom line immediately. You should be prepared. You will be asked to provide statements, sign documents and even provide medical history. Do not make the mistake of damaging your claim by providing insurance companies with information that they get directly from you!
Do I have a Motorcycle Accident Case?
Not every accident leads to a personal injury case. There are a few requirements that must be reviewed prior to determining if you have a case. An experienced attorney can review these with you and The Miley Legal Group does offer FREE case evaluations, but here are a few things that are common in most personal injury cases.
Liability is an Important Part of a Motorcycle Wreck Case
Were you the victim of the accident? Or, does someone hold liability. The easiest way to determine this is from the police report. In general law enforcement will make a determination of who is at fault for the accident. There is a lot to the concept of liability, so even though a report has made the determination, it still needs to be able to hold up in a court of law.
Using an example, as a motorcycle rider, you have certain responsibilities under the law. These include following road signs, speed limits, etc… If those are not followed and an accident is caused, then there is fault. In most cases, the at fault driver is breaking the law and their negligence caused the accident.
The Amount of Injuries after a Motorcycle Crash are Important
Another determination that should be considered is the severity of your injuries or damages. It is important to note that a number of accident cases can be settled without an attorney when there are no medical injuries involved. If you just have damages to your bike, then it can be handled as a property claim. However, with motorcycles in general, most accidents have significant injuries and need an attorney to navigate the process.
Keep in mind that there are a variety of applicable damages with a motorcycle accident. Types of damages generally fall into two categories, special and general. Special damages consist of economic damages (wages), medical bills, property damages and other damages that you can place a specific number on. General damages are pain and suffering type damages that make it more difficult to place a number on. This is where an experienced attorney can help. An attorney that has dealt with a number of accident cases will have a better idea of what general damages are fair.
Let Your Motorcycle Accident Attorneys Review Your Claim
If you have any doubt, contact our office for a case evaluation. Our cases evaluations are free and you are never under any obligation. Even if you agree not to hire The Miley Legal Group, we will guide you in the right direction for your case.
How Much Motorcycle Accident Insurance Should I Carry?
Motorcycle Accident Insurance to Cover your Claim
More often than not, we have clients come into our office needing our services because of a motorcycle collision where either the driver or the accident victim does not carry adequate insurance to cover the damages. This poses a very big issue. We see those involved in motorcycle collisions often have injuries that are more serious, therefore more costly. When someone hits you while you are operating a motorcycle, it is important to have enough insurance coverage that will allow you to be compensated for the injuries that you sustain. It is vital to review your insurance policy BEFORE getting on your motorcycle to be sure that your coverages are high enough to protect you if you become the victim of an accident.
After a Motorcycle Wreck, Insurance is Important
To give you an example, our office represented a gentleman who was struck while riding his motorcycle by a young woman who pulled out into the roadway without any regard to the safety of the driver. In fact, the young driver claimed that she did not see the rider before moving into the roadway. After significant injury, the motorcycle rider required several surgeries, with medical bills, totaling over $275,000. The young woman that struck our client only had $100,000 in liability coverage and our client only carries $25,000 in underinsured motorist coverage on his motorcycle policy. Between the two, the amounts do not come close to adequately compensating our client for his medical bills, let alone pain and suffering or lost wages.
We also see way too often car collisions that occur when the driver that hits a motorcyclist is not insured AT ALL. This is when it is important to have adequate uninsured motorist coverage as well, to protect you if this situation were to ever become your reality. Even though the at-fault driver may get a citation for not having insurance, you still will not have the benefit of insurance coverage to help cover your injuries.
Let Your Motorcycle Accident Lawyer Help You
If you have not already done so, you should review your motorcycle insurance policy to ensure you have the coverage you need in case of an accident. We offer a free insurance review if you have any question or doubt.
What are current Motorcycle Laws and Regulation in West Virginia?
West Virginia has laws specifically related to motorcycle drivers. Below you will find some of the most important current motorcycle laws.
Helmet and Equipment Requirements in West Virginia
- Every motorcycle must display lighted headlamps at all times when on the highway.
- Every motorcycle must be equipped with: (1) at least 1 but not more than 2 headlamps; (2) at least 1 brake operated by hand or foot; and (3) a rearview mirror affixed to the handlebars or fairings, and adjusted so that the operator has a clear view of 200 feet.
- The operator or passengers on a motorcycle or motor-driven cycle must wear a protective helmet with a neck or chin-strap; and safety, shatter-resistant eyeglasses, eye goggles, or face shields.
- If any motorcycle is equipped with a windshield or windscreen, the windshield or windscreen must be constructed of safety, shatter-resistant material.
- It is not permissible to operate a motorcycle with handlebars or grips that are more than 15 inches higher than the uppermost part of the operator’s seat.
- An operator of a motorcycle may carry as many passengers as the vehicle or sidecar is designed for.
License Requirements for Motorcycle Riders in West Virginia
In order to operate a motorcycle on public roads in West Virginia, the driver must obtain a motorcycle endorsement. You will be required to take and pass both a knowledge test and an “on-cycle” test before you receive your endorsement. If you are under 18, you must complete a GDL Level 2 endorsement. Contact your local DMV for testing information.
Can I sue a motorcycle manufacturer after an accident in Clarksburg?
Most understand they may sue a negligent motorist who causes a motorcycle accident. But some ask, “Can I sue a motorcycle manufacturer if the bike was defective?” The answer is yes, you can hold a bike manufacturer liable for damages.
Motorcycle manufacturers owe their customers a duty of care to design and manufacture safe, reliable vehicles. When they fail to do so, they are liable for medical bills, lost wages, pain and suffering, and other damages that arise because of an accident related to the defect.
Holding a Motorcycle Manufacturer Liable for a Clarksburg Wreck
To hold a motorcycle manufacturer liable you must gather evidence that shows there was a defective component in the motorcycle. It may be helpful to watch the National Highway Traffic Safety Association (NHTSA) recall website for listings of all recent recalls and instructions on how to obtain a repair or replacement.
If no recall notice was issued and you believe a defective motorcycle caused your accident, you will need to allow investigators to examine your damaged bike to identify any potential defects. In any motorcycle accident where you suspect your bike failed because of a defect, ensure your bike is kept in a secure location following removal from the crash scene. The wreckage will need to be examined to determine if a defective in the bike or one of its parts led to your crash.
The investigators reports and other motorcycle accident evidence in defective product cases can be critical to recover damages.
Get Help from a Lawyer to Prove Motorcycle Manufacturer Liability
Filing a claim against a motorcycle manufacturer for a defective motorcycle is not a task to undertake on your own. A motorcycle accident and defective product attorney will help you determine your rights as a consumer and the duties the motorcycle manufacturer owed you in the production and sale of your bike. There are third parties such as mechanics and motorcycle dealerships that may also be liable if they resold recalled bikes or parts.
At the Miley Legal Group our attorneys assist injured motorcyclists in cases of accidents and defective products. Many come to us with questions like, “Can I sue a motorcycle manufacturer?” or “How much is my case worth?” We can address these questions based on the facts of your case.
If you believe you were injured in a motorcycle accident that was caused by a defective motorcycle, contact us today to schedule a free, no-obligation consultation: 304-931-4088.
I was hurt in an accident and my insurance company has asked me to submit to a medical exam even though it wasn't my fault. Should I go?
When you are hurt in an accident and submitting a claim for damages, it is not unusual for your insurance company to ask you to submit to a medical exam, even if the accident wasn't your fault.
Since insurance companies have a contractual right for you to be examined by a medical professional other than your own physician, you will likely have little to no choice in the matter. These medical professionals are known as Independent Medical Examiners (IMEs) and are often used in an attempt to terminate your benefits.
The insurance companies request an exam with an IME to ensure that the medical reports from your own physician are not biased in your favor. While it may seem unfair or cause you some anxiety, your best bet is to approach the appointment with the IME with focus and knowledge about how to best handle the visit.
Listed below are some things to know before undergoing this type of medical exam:
- Thoroughly read your policy to be sure the insurance company's right to do so is included in the contract.
- Contact a Clarksburg personal injury attorney who can advise you of how to best approach this situation.
- Provide a clear and accurate description of your medical condition (including complaints, symptoms, diagnoses, facts surrounding your accident).
- Be honest and do not try to exaggerate any of your symptoms in the hopes that you will strengthen your case. This will only backfire and call your entire claim into question.
- Exercise due caution when interacting with the IME and other medical staff. They are likely watching you very carefully and making note of how you look when you arrive at the appointment and everything you say and do once you are inside.
Contacting a Clarksburg Personal Injury Attorney
If you have been seriously injured in a West Virginia accident, don't try and go it alone. Insurance companies work in their best interests, not yours. So contact a personal injury lawyer in Clarksburg who will fight for your rights.
The Miley Legal Group in Clarksburg, West Virginia will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a no cost consultation - 304-326-1800
In Addition to the Federal Regulations, Does West Virginia Have Any State Regulations Regarding Trucks?
West Virginia does not have any separate state regulations regarding trucks. However, the state has adopted parts of the Federal trucking regulations to govern intrastate trucking with a few modifications. Trucking regulations are in place for the safety of the truck driver as well as to help prevent other drivers from being involved in a truck accident in West Virginia. Remember that all interstate traffic is governed by the Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399).
West Virginia's Adaptations of Federal Trucking Regulations
To regulate the operations of trucks running only in West Virginia, the state adopted federal trucking regulations with modifications as legislators saw fit. These regulations and modifications include:
- Driver Qualification (Part 391): West Virginia has made several modifications to the Driver Qualification section of the Federal Trucking Regulations. One example of these modifications is age limitations. To drive a truck in West Virginia, you need only be 18-years-old rather than 21.
- Hours of Service (Part 395): West Virginia has made only one notable modification to the Hours of Service section of the Federal Trucking Regulations. There are no maximum driving or on-duty requirements for intrastate truckers working for agricultural businesses or farms if the truck stays within a 100 air-mile radius of its source throughout planting and/or harvest season.
- Parts and Accessories (Part 393): West Virginia has made one notable modification to this section of the Federal Trucking Regulations as well, requiring all intrastate wrecker trucks to carry a first aid kit.
If you have been injured in a truck accident in West Virginia, you may be wondering what to do next. Although there will be a lot of questions and important decisions to make during this time, choosing the right legal representation can help you make the most informed decisions possible while you seek compensation for your medical bills, lost wages, and other expenses. The Miley Legal Group in Clarksburg, West Virginia will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - (304) 326-1800