A motorcycle accident can change everything in seconds. You’re in pain, your bike is damaged, and you’re trying to figure out what to do next while your adrenaline is still pumping. The decisions you make, at the scene and in the days that follow, can make or break your claim for compensation.
Here’s what you need to know to protect your health and your legal rights after a motorcycle accident in West Virginia. If you need help now, call our experienced West Virginia motorcycle accident lawyers at Kaufman & McPherson, PLLC at 304-842-4300 for a free consultation. We don’t charge a fee unless we win your case.
At The Scene: Immediate Steps That Matter
The first few minutes after a motorcycle crash are critical. What you do (and don’t do) at the scene directly affects your ability to recover compensation later.
Call 911 and don’t remove your helmet
Call 911 immediately, even if the accident seems minor. A police report creates an official record of what happened, who was involved, and any citations issued. That documentation is valuable evidence.
If you’re wearing a helmet, don’t take it off. Moving your head and neck after a crash can worsen a spinal cord injury or traumatic brain injury you may not even realize you have. Wait for paramedics to assess you.
Document everything you can
If you’re physically able, use your phone to capture the scene:
- Photos of all vehicles, road conditions, skid marks, and debris
- The other driver’s license, insurance, and plate number
- Names and contact information for witnesses
- Traffic signals, signage, and weather conditions
One thing you should never do: admit fault. Don’t apologize, don’t say “I didn’t see you,” and don’t speculate about what happened. Anything you say at the scene can be used against you later.
After The Scene: Protect Yourself And Your Claim
What you do in the hours and days after the crash matters just as much as what you do at the scene.
Get medical attention immediately
See a doctor the same day, even if you feel fine. Adrenaline masks pain. Injuries, such as internal bleeding, traumatic brain injury (TBI), and soft tissue damage, often don’t show symptoms for hours or days. A prompt medical evaluation creates a documented link between the accident and your injuries, which insurance companies will scrutinize.
Report the accident and notify your insurer
File a crash report with local law enforcement if one wasn’t taken at the scene. Then notify your own insurance company that the accident occurred. Stick to the basic facts: when, where, and what vehicles were involved.
Here’s the critical part: don’t give a recorded statement to the other driver’s insurance company. Their adjuster’s job is to minimize what they pay you. Anything you say in a recorded statement can be twisted to reduce or deny your claim. Politely decline and tell them to contact your attorney.
Build and preserve your records
Keep all medical bills, receipts, and documents related to your accident. Follow your doctor’s treatment plan completely. If you skip appointments or stop treatment early, the insurance company will argue your injuries aren’t as serious as you claim.
Contact a motorcycle accident attorney as soon as possible. Evidence disappears. Witnesses forget details. The sooner a lawyer starts investigating, the stronger your case will be.
Need help now? Call Kaufman & McPherson, PLLC at 304-842-4300. Your consultation is free, and there’s no obligation.
Common Motorcycle Accident Injuries
Motorcyclists don’t have the protection of a steel frame, airbags, or seatbelts. That means injuries are often severe.
- Road rash: Can range from minor scrapes to deep wounds requiring skin grafts.
- Broken bones: Fractures in the legs, arms, wrists, and pelvis.
- Traumatic brain injuries: Possible even with a helmet.
- Spinal cord injuries: Can result in partial or complete paralysis.
- Internal injuries: Organ damage that may not be immediately apparent.
These injuries often require long-term treatment, rehabilitation, and time away from work. Your compensation claim should account for all of it, not just your current medical bills.
How West Virginia Law Affects Your Motorcycle Accident Claim
West Virginia has specific laws that directly impact motorcycle accident cases. Understanding them is essential.
WV’s universal helmet law
Under W.Va. Code § 17C-15-44, no person may operate or be a passenger on any motorcycle unless they’re wearing a securely fastened protective helmet that meets federal safety standards. West Virginia is a universal helmet state, meaning this applies to all riders regardless of age or experience.
If you weren’t wearing a helmet at the time of your crash, the insurance company will use that against you to argue your injuries were worse because of your own choices. An experienced attorney can help counter that argument.
Modified comparative negligence (the 50% bar)
Under W.Va. Code § 55-7-13c, fault chargeable to the plaintiff doesn’t bar recovery unless the plaintiff’s fault is greater than the combined fault of all other responsible persons. In plain terms, you can still recover compensation as long as you’re not more than 50% at fault. If your fault is less than the combined fault of the other parties, your recovery is reduced in proportion to your degree of fault.
This is where rider bias becomes a real threat. Insurance companies know juries sometimes blame motorcyclists simply for being on a motorcycle. They’ll argue you were speeding, weaving, or riding recklessly, even without evidence. You need an attorney who knows how to fight back against these tactics and protect your right to full compensation.
The two-year statute of limitations
Under W.Va. Code § 55-2-12, personal injury claims must be brought within two years next after the right to bring the same shall have accrued. Miss that deadline and you lose your right to compensation entirely, no matter how strong your case is.
Two years may sound like plenty of time, but it goes fast. Building a strong motorcycle accident case takes investigation, evidence gathering, and negotiation. Don’t wait.
Get Help From Kaufman & McPherson, PLLC Now
Motorcycle accidents are complicated. Insurance companies are already working to minimize your claim. You need attorneys who understand West Virginia motorcycle accident law and know how to fight rider bias, preserve evidence, and build cases that achieve results.
Kaufman & McPherson, PLLC, represents injured people throughout West Virginia. We work on a contingency fee basis, meaning no fee unless we win. Your consultation is completely free.
Don’t wait. Call 304-842-4300 now for a free consultation. We can help you now.
