Motorcycles offer little room for mistakes. Naturally, as a rider, you take the necessary precautions to stay safe – you wear your helmet, check your bike and stay alert on the road. You also make sure your passenger is ready to ride safely.
The ride alone is risky, but with a passenger, it gets trickier, especially if you crash and you both get hurt. Questions about responsibility and compensation arise. To help you understand your situation, read on to learn about the rights both riders and passengers have after a motorcycle crash in West Virginia.
West Virginia’s compensation laws in motorcycle cases
When you’re involved in a motorcycle crash in West Virginia, the same injury laws apply as with car or truck accidents. All motor vehicle accidents fall under the state’s personal injury statutes, such as the “modified comparative negligence” rule.
Fancy words aside, this rule is the state’s way of determining who is entitled to compensation and how much after an accident. It ultimately decides if you receive money, and how much, based on your role in causing the crash:
- Found 51% or more at fault: You cannot receive compensation.
- 50% or less at fault: You can still receive compensation, but the amount will be reduced based on your fault percentage.
- Passengers: Passengers often have more options. They’re almost never considered at fault, which generally gives them more avenues for recovery than the driver.
It’s possible for passengers to file claims against you, the motorcycle operator (even if you’re their friend), the other drivers involved and, sometimes, even those responsible for dangerous road conditions. In a case where your passenger files a claim against you, your insurance company handles the payment and legal defense, not you.
An example scenario of a motorcycle accident case
To get a clearer view of what a rider might face, here’s a real-world example: If your medical bills total $25,000, your bike repairs cost $5,000, you lost $10,000 in wages and you deserve $20,000 for pain and suffering — that totals $60,000. If you’re found 30% responsible for the crash, you’d only get $42,000.
Unfortunately, motorcycle riders often face unfair assumptions about their riding habits, which can affect the insurance adjuster’s and court’s decisions during settlement negotiations or if the case proceeds to a formal lawsuit or trial.
Stay protected: On the road and legally
It’s always best to err on the side of caution and follow traffic laws, maintain proper insurance and ensure your bike is roadworthy. But if you do get into a crash, despite doing everything right, know that you don’t have to face it alone.
Consider having someone who knows the law on your side to help you get the compensation you deserve. A legal professional can fight these biases, gather proper evidence of your injuries and talk with insurance adjusters who might try to minimize your claim or shift more blame onto you as a motorcyclist.