Motorcycle accidents expose riders to risks that differ from car crashes. Without the safety features like a steel frame, airbags, or seatbelts, riders take the entire impact. If you’ve been injured in a motorcycle accident in West Virginia, you may be facing severe injuries, increasing medical expenses, and uncertainties about your future.
Kaufman & McPherson, PLLC, handles motorcycle accident injury cases throughout West Virginia. Your consultation is free, and you don’t pay us unless we win. Call 304-842-4300 now.
The Most Common Motorcycle Accident Injuries
Motorcycle accident injuries range from painful to life-altering. Here are the ones we see most often in West Virginia cases.
Road rash
Road rash happens when skin scrapes across pavement at high speed. It’s classified into three degrees. First-degree road rash involves redness and minor scraping. Second-degree road rash involves broken skin and potential exposure of nerves. Third-degree road rash strips away skin entirely, exposing muscle or bone. Severe road rash carries a high risk of infection and often results in permanent scarring that may require skin grafts.
Traumatic brain injuries
Traumatic brain injuries (TBI) are among the most serious motorcycle accident injuries. Even with a helmet, a violent impact can cause concussions, brain bleeding, or diffuse axonal injury. Symptoms don’t always appear immediately. Headaches, confusion, memory loss, and personality changes can develop hours or days after a crash. TBIs often require long-term medical care and can permanently affect a person’s ability to work.
Spinal cord injuries and paralysis
A spinal cord injury can result in partial or complete paralysis. Damage to the upper spine can cause quadriplegia (loss of function in all four limbs), while lower-spine injuries may result in paraplegia (loss of function in the legs). These injuries typically require lifelong medical care, adaptive equipment, and home modifications. The lifetime cost of caring for a spinal cord injury can reach millions of dollars.
Broken bones and fractures
Broken bones are extremely common in motorcycle crashes. Legs, arms, wrists, ribs, and the pelvis are all vulnerable. Compound fractures (where bone pierces the skin) and pelvic fractures are particularly serious and often require surgery, hardware implantation, and extended rehabilitation.
Internal organ damage and amputation
The blunt force of a motorcycle collision can damage internal organs, including the liver, spleen, kidneys, and lungs. Internal bleeding is a medical emergency that isn’t always immediately obvious. In the most severe crashes, limbs can be crushed or severed, resulting in traumatic amputation. Even when surgeons can reattach a limb, the injured person may face permanent loss of function.
Soft tissue injuries and burns
Ligament tears, tendon damage, and deep muscle injuries are common motorcycle accident injuries that don’t always show up on X-rays. These soft tissue injuries can cause chronic pain and limited mobility. Burns from contact with hot engine parts, friction with pavement, or ignition of fuel can cause severe scarring and may require multiple reconstructive surgeries.
How Your Injuries Affect The Value Of Your Claim
Not all motorcycle accident injuries carry the same claim value. The more severe, long-lasting, and disabling your injuries are, the more compensation you may be entitled to recover. Key factors include:
– Total medical costs: Past and future surgeries, rehabilitation, medication, and assistive devices.
– Lost income: Missed work during recovery, plus reduced future earning capacity.
– Pain and suffering: Physical pain, emotional distress, and loss of enjoyment of life.
– Permanent disability or disfigurement: Scarring, amputation, paralysis.
Catastrophic injuries, such as TBI, spinal cord damage, and amputation, typically involve substantial future damages. That’s why it’s critical to work with attorneys who understand how to calculate long-term costs rather than accepting a quick settlement that won’t cover your needs.
West Virginia Helmet Laws And Your Claim
West Virginia requires all motorcycle operators and passengers to wear a DOT-approved helmet under W. Va. Code § 17C-15-44. This is a universal helmet law with no age-based exemptions.
Here’s what matters for your claim. Even with a helmet, traumatic brain injuries still occur. If you weren’t wearing a helmet at the time of your crash, the insurance company will almost certainly try to use that against you to reduce your compensation. An attorney who handles these cases can push back on this argument and focus the case on the other driver’s negligence.
How Insurance Companies Minimize Motorcycle Injury Claims
Insurance adjusters know that juries sometimes carry “rider bias,” the assumption that motorcyclists are inherently reckless. Insurers exploit this by:
– Arguing the rider was speeding or riding aggressively (even without evidence)
– Blaming the motorcyclist for not being “visible enough.”
– Downplaying injury severity or claiming injuries were pre-existing
– Pressuring injured riders into fast, lowball settlements before they understand the full scope of their injuries
Don’t accept a settlement offer without talking to an attorney first. Once you accept, you cannot go back.
West Virginia Laws That Affect Your Motorcycle Injury Case
Two West Virginia laws directly impact your ability to recover compensation.
Under W. Va. Code § 55-7-13a, West Virginia follows a modified comparative fault standard. Recovery is based on each party’s percentage of fault. Under W. Va. Code § 55-7-13c, your fault won’t bar recovery unless it’s greater than the combined fault of all other responsible parties. If your fault is less, your recovery is reduced in proportion to your degree of fault. In practical terms, if you’re 50% or less at fault, you can still recover, but your percentage of fault reduces your compensation. At 51% or more, you recover nothing.
Under W. Va. Code § 55-2-12, you have two years from the date of your injury to file a personal injury lawsuit. Miss that deadline and your claim is gone, with very limited exceptions. Evidence also degrades over time, so acting quickly strengthens your case.
Frequently Asked Questions About Motorcycle Accident Injuries
Should I see a doctor even if I feel fine after a motorcycle crash?
Yes. Many serious motorcycle accident injuries, including TBI and internal bleeding, don’t produce immediate symptoms. A medical evaluation creates documentation that directly supports your claim.
What if the other driver’s insurance says the crash was my fault?
Don’t accept blame or give a recorded statement. West Virginia’s comparative fault rules mean that even if you share some fault, you may still recover compensation. Call an attorney before speaking to the insurer.
How much does it cost to hire a motorcycle accident attorney?
Kaufman & McPherson, PLLC, works on a contingency fee basis. You pay nothing unless we recover compensation for you. Your consultation is completely free.
Get Help From Kaufman & McPherson, PLLC Now
Motorcycle accident injuries are serious, and the legal process won’t wait. Insurance companies start building their defense immediately. You should have attorneys who handle these cases working just as fast on your side.
Kaufman & McPherson, PLLC, represents injured riders throughout West Virginia from our Bridgeport office. We can help you now. Call 304-842-4300 for a free consultation.
