West Virginia Bicycle Accident Lawyer

West Virginia Bicycle Accident Attorney

After a bicycle accident, it can be difficult to know what to do next. Many West Virginia residents don’t understand the extent of their legal rights. Working with an experienced West Virginia bicycle accident lawyer can be pivotal in navigating your legal case.

How We Can Help

The team at Wooton, Davis, Hussell & Johnson, PLLC, understands the pain that comes from a bicycle crash. Our attorneys have over 130 years of combined professional experience. We’re known for our efficiency and dedication to our West Virginia neighbors’ legal rights.

You shouldn’t have to experience a dragged-out case when you’re dealing with recovery. Let us take care of the legal side of things so you can focus on taking back control of your life.

West Virginia Bike Accident Laws

In the United States, there were 1,377 bicyclist deaths in 2023. In 2021, 2.2% of traffic deaths were bicyclists. These deaths can be avoided, but city infrastructure and driver mistakes lead to devastation. Large roads with many lanes are often the most dangerous for bikers in West Virginia.

Traffic laws are important for safety. When riding a bicycle on the road, a person should stay in a bike lane if there is one. If there is no bike lane, they should ride as close as possible to the right side of the road. However, there are some exceptions to this that can make drivers confused and lead to accidents.

A cyclist can move away from the right side when passing another bike or vehicle, or when preparing to make a left turn. They can also do this when it is needed to avoid something unsafe, like:

• A parked car or other obstacle
• A hazard on the road
• A pedestrian
• An animal
• A lane that is too narrow for a bike and a car to fit safely side by side

Due to the complex rules involved with biking, accidents are common. Bicyclists don’t legally have to wear a helmet if they’re over 15 years old. This lack of physical protection makes injuries more severe.

West Virginia’s Modified Comparative Fault System

When filing a legal case after getting injured in a bicycle accident, West Virginia law uses a modified comparative fault system to make its decisions regarding compensation.

This means that if more than one person caused the injury or damage, the responsibility is divided based on how much each person contributed. Each person’s share of fault is shown as a percentage.

For example:

• If a bicyclist were hit by a speeding car, the driver of the car may be found to be 80% at fault for the accident.
• If the bicyclist didn’t stay in the bike lane when they could have, they may be assigned 20% fault for the crash.
• If the bicyclist were awarded a $100,000 settlement, they would only receive $80,000.

This system helps make sure that people only pay for the portion of damage they actually caused. Any compensation awarded to the filing party will be reduced by their percentage of fault. It’s important to hire a bicycle accident lawyer to represent your case. They’ll be able to factor in your estimated percent of fault when filing a compensation request with the court.

Types of Damages Recoverable in a Bicycle Accident Case

The amount of compensation awarded to the filing party is never random, but based on the real-life losses suffered after the bicycle crash. There are two main types that can be sought:

1. Economic damages. These cover easily calculable costs like medical bills, lost wages, and property damage. These are not capped, so you can be fully reimbursed for what you actually lost.
2. Non-economic damages. These cover things that are harder to put a price on, like pain and suffering, emotional distress, or loss of enjoyment of life. These are also usually fully recoverable.

FAQs

What Are Punitive Damages?

Punitive damages are awarded if the other person acted with actual malice or with a conscious, reckless disregard for the safety of others. Punitive damages are meant to further punish the guilty party and deter any similar behavior in the future. There is a limit on how much punitive damages can be awarded. The amount cannot be more than four times the regular damages or $500,000, whichever is higher.

What Do I Do After a Bicycle Accident to Preserve My Case?

After a bicycle accident, call 911 and seek immediate medical attention. Your safety is the first priority. Then, collect contact and insurance details from the other party. Don’t admit guilt or apologize, as it can negatively affect your legal case. Get contact information from any eyewitnesses. Then, hire a lawyer to help you through the next steps.

What Evidence Is Needed to Prove Fault in a Bicycle Crash Case?

Extensive evidence is recommended in any personal injury case. The court will make its final decisions based on the proof shown. Evidence can include photos and videos of the crash site, visible injuries, and bicycle or vehicle damage. Traffic camera footage can be especially helpful, as well as witness statements and professional opinions.

How Long Do I Have to File My Bicycle Accident Claim in West Virginia?

In West Virginia, you generally have two years to file your bicycle crash case. While this timeline may seem long, it’s important to file as soon as possible. Evidence tends to be difficult to collect the longer the time passes. Surveillance footage may be taped over, witness memories can fade, and the crash site is cleaned quickly. If you fail to file within that deadline, courts will most likely dismiss your case altogether.

Hire a Bicycle Accident Lawyer That You Can Trust

When you come into your first appointment with the attorneys at Wooton, Davis, Hussell & Johnson, PLLC, you’ll be treated with respect. Learn more about how we can help by scheduling your first appointment. We know you’re in emotional and physical pain, and we can help explain legal expectations so you can make informed decisions regarding your case.