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Common questions following a motorcycle accident

While most motorcyclists in West Virginia have put away their bikes for the winter, it is still possible to ride his or her bike on an unseasonably warm day or in a state further south. And for some motorcyclists, he or she might currently be suffering some injuries from an accident that occurred during the warmer months. While initial steps might have been taken immediately following a motorcycle crash, it is likely that accident victims and their loved ones have many questions surrounding the incident.

Liability is often a major question following a motorcycle accident. An injured motorcyclist often wants to understand whether or not another driver is at fault. For example, if a motorist turned left in front of a motorcyclist, it is almost always the driver of the vehicle's fault.

Comparative negligence is also a big question asked. Could a motorcyclist be held partially at fault in a collision? The answer is possibly. If both the motorcyclist and another driver were careless, it is possible for both drivers to be held accountable. Accountability is not always 50-50, and could be apportioned based on the weight given to the negligence involved.

Another big question asked following a motorcycle question is whether or not a motorcyclist could collect damages if he or she was not wearing a helmet at the time of the crash. Even if a state has a mandatory helmet law, it is still possible to collect damages even when the injured party was not wearing a helmet. However, it should be noted that this factor could be used to show contributory negligence, especially if the failure to wear a helmet contributed to the catastrophic injuries suffered.

A motorcycle accident could have serious injuries and damages involved. Those harmed in a crash are likely to endure much pain and suffering. Therefore, it is essential to understand what steps can be taken to collect compensation for any losses and protect your rights.

Source:, "Motorcycle Accident FAQ," accessed Dec. 17, 2016

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Stephen P. New, Attorney at Law
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Beckley, WV 25801

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