Beckley Bicycle Accident Lawyer

Beckley Bicycle Accident Attorney

Cycling is one of the most enjoyable forms of exercise, but it carries risk. Car vs bicycle accidents are all too common on West Virginia roadways. It is our hope that you never have to face the trauma of such an accident, but if you or a loved one has been impacted, a Beckley bicycle accident lawyer can help you receive compensation.

Bicycle accidents can create long-lasting hardships for victims, including physical injury, emotional and mental anguish, financial challenges due to time lost from work, and compounding costs for medical care. If you’ve been injured in a bicycle accident, it’s important to know your rights. The team at Wooton, Davis, Hussell & Johnson, PLLC, is here to help.

West Virginia Bicycle Accidents

While West Virginia has some of the highest funding in the nation for bicycle safety policies, the state still ranks in the bottom ten for bicycle safety, with more than 28 fatalities for every 10,000 cyclists. Contributing factors to the prevalence of bicycle accidents are poor visibility on roadways, reckless driving, and a lack of designated bicycle lanes. Helmets are also not required for bicyclists over the age of 15, increasing the risk of severe injury.

Beckley currently holds a bronze rating for bicycle friendliness and safety, which is an encouraging accomplishment, but there is still room for improvement in our community.

Rules of the Road

Cyclists on West Virginia roadways have the same rights and duties as drivers operating motorized vehicles. Drivers and bicyclists must obey the rules designated in the West Virginia Code.

Some of the rules cyclists must follow:

• Bicyclists must ride in the designated bike lane if one exists. If there is no designated bike lane, the cyclist must ride as far to the right curb as possible except when passing another bicycle, pedestrian, or vehicle; avoiding an obstruction or hazard; or preparing to perform a left turn.
• No more than two cyclists may ride abreast on any roadway.
• Every bicycle operated at night must have a front-facing, functioning headlight/lamp.
• Operating a bicycle under the influence of drugs or alcohol is illegal.

Here are some of the rules drivers must follow when engaging with cyclists:

• The driver of a vehicle must give a signal when passing or overtaking a cyclist.
• Drivers must allow at least 3 feet of distance between the car and the cyclist when passing.
• Drivers must exercise due care at intersections and yield the right-of-way to cyclists when executing a turn.
• Drivers must sound their horn whenever necessary to avoid a collision.
• Drivers shall avoid driving in designated bicycle lanes.

Accidents and West Virginia’s Modified Comparative Fault System

Despite all the rules and laws governing bicycle and driver safety, accidents still occur. In West Virginia, a modified comparative fault system helps determine the degree of liability between cyclists and motor vehicle drivers in the event of an accident.

Under West Virginia Code 55-7-13a, a plaintiff can only receive damages if they are 49% or less at fault. Courts assess fault using evidence, including police reports, insurance assessments, analysis from experts, and eyewitness testimony, which is why it’s vital for plaintiffs to build a strong case proving that their share of the liability is less than the other party.

Why You Should Hire a Bicycle Accident Lawyer

When you have been injured in a bicycle accident, knowledgeable legal advice is crucial. When you hire a bicycle accident lawyer in Beckley, your qualified legal team can assess the viability of your accident claim, help you gather evidence, and advocate for you with the court system to help ensure you receive compensation. In Beckley, most bicycle accident cases are heard at the Raleigh County Judicial Center at 222 Main Street.

Compensation for bicycle accidents usually takes two forms:

• Economic damages, such as medical bills and ongoing therapy after an accident, lost wages, and property damage.
• Non-economic damages to help cover hardships that are often difficult to financially quantify, such as pain and suffering and emotional distress.

With over 130 years of combined experience in bicycle accident cases, Wooton, Davis, Hussell & Johnson, PLLC, is qualified to explain West Virginia’s complicated traffic laws and help you build a strong, comprehensive claim.

FAQs

What Happens if You Accidentally Hit a Cyclist in Beckley?

If the driver of a motor vehicle accidentally hits a cyclist in Beckley, they should immediately offer assistance by calling 911, stay with the injured party until help arrives, and share insurance and personal info with the other party. Leaving the scene of an accident is a prosecutable offense and can significantly impact liability.

Do Bicyclists Always Have the Right-of-Way in Beckley?

In Beckley, bicyclists must obey the same traffic rules as motor vehicles. Right-of-way is dependent on the rules of traffic, but at intersections, motor vehicle drivers must yield the right-of-way to cyclists and pedestrians and must not impede travel on designated bike lanes. All parties must obey traffic signals, operate their conveyance responsibly, and give one another plenty of room on roadways to allow for safe travel.

Who Is at Fault When a Car Hits a Cyclist?

Liability in car vs bicycle accidents is dependent on the percentage of fault for each party. West Virginia’s modified comparative fault standard states that the party who is most at fault in an accident must be assigned at least half of the liability. This percentage is determined by evidence, such as witness testimony, expert analysis, medical records, and police reports.

What if the Bicyclist is Not Injured and Walks Away?

Even if a cyclist does not appear to be injured, they may still have a valid claim. Not all accident injuries are apparent, and property damage in car vs bicycle accidents is almost always a given. Both parties in an accident should guard against admitting fault or denying liability. Proper accident protocol should always be followed, even if neither party appears to be injured.

Contact Wooton, Davis, Hussell & Johnson, PLLC, Today

If you or a loved one has been involved in a bicycle accident, you deserve to know whether your case qualifies for legal action and compensation. Contact us to schedule a consultation to discuss your situation with our compassionate, client-first legal team.