Motorcycle Accident Injury Lawyers
Cranston & Edwards PLLC – Morgantown, WV Trial Attorneys
Motorcycle accidents can result in devastating injuries ranging from road rash and “biker’s arm” to fractures, concussions, burns, paralysis, and brain damage. These injuries can occur even at low speeds. To make matters worse, motorcycle operators may be further victimized by insurance carriers and others who may hold unfair stereotypes and biases that can make recovering compensation for medical bills, property damage, and other losses more challenging.
Aside from reckless and negligent drivers, poor road surfaces and other conditions may have contributed to the accident. At Cranston & Edwards PLLC, our skilled trial attorneys investigate the accident from all angles to get the maximum compensation allowed by law for seriously injured motorcycle riders.
- Gravel on Pavement
- Rough Roads
- Expansion Joints
- Slippery Surfaces
- Edge Breaks
- Open Joints in Bridges
- Unevenly Paved Surfaces
- Steep Drop-offs
- Uneven Berms
Legal Counsel – a Necessity to Secure Justice in Motorcycle Accident Cases
At Cranston & Edwards PLLC, our attorneys are passionate about the outdoor lifestyle. We understand the call of the open road and care about protecting the rights of our friends and neighbors to enjoy the beauty of the West Virginia countryside by bike without worrying about reckless and negligent drivers getting away with injuring our riders with no recourse. Even in cases where liability seems clear-cut, it is often necessary to secure legal counsel to achieve justice in motorcycle accident cases involving injury.
How WV, PA & OH Fault and No-Fault Insurance Coverage Can Affect Your Rights
Attorneys Cranston and Edwards are familiar with all of the laws governing motorcycle accidents. We work hard to help our clients obtain the financial resources necessary to pay for losses sustained as a result of the accident. Since West Virginia is a “Fault” insurance state that follows the Comparative Fault System, if you are found to be partially at fault for your injuries you may be significantly penalized. For example, if you are found to be 25% at fault, any damages you are ultimately awarded will be reduced by 25%. This can add up to a significant loss of the resources you need to pay medical bills and other essential expenses. At 50% fault on your part, no claim for compensation will be awarded. To help avoid having your recovery amount reduced or disallowed altogether, it is helpful to be as informed as possible regarding motorcycle safety and the laws of West Virginia and any other state you will ride through. The laws of Ohio and Pennsylvania, in particular, vary quite a bit from West Virginia laws.
-Instead of West Virginia’s 50% fault limit, Ohio’s comparative fault restriction kicks in at 51%, meaning a driver who is 50% at fault may STILL recover damages in Ohio. However, at 51% no claim for compensation can be awarded in either state.
-Pennsylvania has a significantly different motor vehicle insurance system called a “No Fault” system. Essentially, your own insurance company could be held responsible to pay your accident claim NO MATTER WHO WAS AT FAULT. To further complicate matters, drivers may choose to purchase a type of “Fault” coverage known in Pennsylvania as “Full Tort” coverage (the default “No Fault” coverage is called “Limited Tort” coverage and limits recovery to medical expenses only unless injuries are deemed severe). Drivers carrying “Full Tort” coverage who are injured in an accident are under no restrictions from seeking compensation.
Motorcycle Safety Laws in West Virginia
Helmets – Ensure that you are following all applicable motorcycle equipment safety regulations in West Virginia to minimize the likelihood of being deemed partially at-fault for an injury caused by another driver. You and ALL passengers must wear an ANSI or Snell-certified helmet that secures to the head by a chin or neck strap.
Eye protection – Except in cases where motorcycles are fitted with windshields/screens that comply with federal safety standards, you and ALL passengers must wear ANSI-certified eye protection. You may choose from a full-face shield, goggles, or safety glasses.
There are no special allowances for these requirements. They must be adhered to by ALL motorcycle operators and riders.
Cranston & Edwards PLLC works on a contingency basis for personal injury claims. There are no fees unless we collect on your behalf. If unable to come to our Morgantown, WV office, we will come to you. Do not delay. Call now.