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Charleston Motorcycle Accident Lawyer in Charleston

Charleston motorcycle accident attorney

Charleston Motorcycle Crash Lawyer

People ride motorcycles for many reasons: Freedom, adventure and maybe because it just costs less than driving a car. You had your own personal reasons. Unfortunately, a crash may have left you with injuries that now keep you from enjoying your motorcycle – and caused many other physical, emotional and financial problems for you. The lawyers of Mani Ellis & Layne, PLLC, want to help you.

Our personal injury attorneys assist motorcycle accident victims and their families in Charleston and throughout West Virginia. It’s not just business for us. It’s personal. We get to know how a crash has impacted our clients’ lives, and we work tirelessly to get their lives back on track.

When you work with us, you will see us go the extra mile to seek all available compensation for your medical bills, lost income, pain and suffering and more. With more than 35 years of combined legal experience and a record of positive results, our Charleston motorcycle accident attorneys have what it takes to a make a difference for you.

It starts with a free consultation. Contact us today to discuss your case.

What Should You Do After a West Virginia Motorcycle Accident?

As soon as you are ready to discuss your motorcycle accident, we can meet with you at our Charleston law office or at any other location that is convenient for you. To prepare for your consultation, we suggest that you take the following five steps:

  1. See your doctor or visit the emergency room. You want to make sure that you are thoroughly checked for injuries. A doctor can also document your injuries, which will be important in your case.
  2. Report your accident to your insurer. Your insurance policy may require you to report your motorcycle wreck within a certain time period, regardless of who is at fault. You should comply with the policy, or else you could lose your right to file a claim.
  3. Gather your documents and other evidence. Collect your medical bills, motorcycle repair receipts and documentation of all other accident-related expenses. You should also gather any letters or e-mails that insurance companies have sent you, crash scene or injury photos and contact information for eyewitnesses.
  4. Get a copy or your accident report. You can ask for a copy of the accident report from the law enforcement agency that responded to your motorcycle crash, or you can go to the West Virginia State Police website to order a copy.
  5. Do not accept a settlement or give a statement. If the other driver’s insurance company calls you, asks for a statement or makes a settlement offer, you should decline to take any action until you speak with a personal injury lawyer first. Remember: The insurance company will be out to protect its interests – not yours. The lawyers of Mani Ellis & Layne, PLLC, will help you to deal with the insurance company as you move forward.

Additionally, we suggest that you write a summary of what you recall about your accident and a description of how your injuries have impacted you. This summary will help you to organize your thoughts when you talk with us about your case. You may also want to write out a list of questions that you want to ask us about your case and our law firm’s experience.

How Are Motorcycle Accidents Different from Other Accidents?

Each of our three partners at Mani Ellis & Layne is a member of the elite, invitation-only Million Dollar and Multi-Million Dollar Advocates Forums. We know how to seek maximum compensation for clients who have suffered injuries in motorcycle accidents.

We achieve success for our clients because we understand how motorcycle accidents are different than other types of car accident cases. Five important differences are:

1. Motorcycle accidents typically involve life-changing injuries.

Motorcycle accident victims can suffer catastrophic injuries – even when they wear helmets and other protective gear. The lack of any structural protection, and the fact that riders typically are thrown from their bikes, contribute to the severity of these injuries.

Common motorcycle accident injuries include:

The motorcycle accident attorneys of Mani Ellis & Layne, PLLC, have extensive experience with helping people who have suffered these injuries and other catastrophic injuries. When we take on your case, we will thoroughly review your medical records and determine the nature and extent of your injuries. We will also consult with medical, vocational and life care-planning experts. They can help us to assess the impact of your injuries and project your future medical needs and expenses.

If you have suffered life-changing injuries in a crash, we will aggressively pursue damages that:

  • Cover your past and future medical expenses so you pay no out-of-pocket costs and receive the medical treatment and rehabilitation you need for your recovery
  • Compensate you for any lost income due to your injuries and address the decrease in your future earning ability
  • Reflect the pain and suffering you have experienced, including your emotional distress and loss of enjoyment of life.

2. A motorcycle accident may cause the wrongful death of a loved one.

According to the National Highway Traffic Safety Administration, on average, 33 motorcyclists die each year in accidents in West Virginia. If you lost a loved one in a motorcycle crash, you will need to work with a lawyer who has experience with handling wrongful death cases.

A wrongful death claim is similar to a personal injury claim in many ways. Like a personal injury claim, you must establish that another person’s negligence caused the accident in order to recover damages. However, a wrongful death lawsuit also presents many unique issues, including determining who is eligible to pursue a claim and the types of damages available.

The attorneys of Mani Ellis & Layne, PLLC, can draw on our experience with these cases to seek just compensation for you and your family, including your funeral and burial expenses, reasonably expected loss of your loved one’s income and damages that reflect your own sorrow and mental anguish.

3. Insurance companies try to blame motorcyclists for accidents.

West Virginia is a comparative negligence state. If you are more than 50 percent at fault for your accident and injuries, you can be barred from recovering anything. If you are less than 50 percent at fault, your recovery will be reduced according to the percentage of fault assigned to you.

Because of this law, insurance companies often try to portray motorcycle riders as dangerous risk-takers. They want to blame the motorcyclist’s negligence for a crash so they can reject or minimize the motorcyclist’s insurance payout. At Mani Ellis & Layne, PLLC, our attorneys refuse to let this happen to our clients.

When we work with you, we will thoroughly investigate your car-motorcycle collision and let the facts – not stereotypes – determine liability for your injuries. We will tirelessly pursue the compensation that you deserve.

In reality, driver negligence frequently causes crashes. The most common causes of motorcycle accidents that we encounter are motor vehicle drivers who:

  • Fail to keep a proper lookout for motorcycles
  • Make turns or lane changes without checking their mirrors
  • Illegally share lanes with motorcycle riders
  • Tailgate motorcycles, or follow them too closely
  • Refuse to yield the right of way to motorcycle riders.

As we investigate a motorcycle accident case, our law firm often determines that drunk driving, distracted driving and drowsy driving are the underlying factors. If these factors played a role in your case, our Charleston motorcycle accident lawyers will work hard to hold the driver accountable for your injuries.

4. Insurance companies try to use violations of West Virginia’s helmet law against motorcycle riders.

Like many states, West Virginia has a “universal helmet law.” If you operate or ride as a passenger on a motorcycle, you must wear an approved helmet that is securely fastened to your head by a chin or neck strap. You must also wear safety, shatter-resistant eyeglasses, goggles or a face shield that complies with state standards. There is a good reason for this law: Studies and statistics show that helmets prevent brain injuries and save lives.

If you failed to wear a helmet or face protection when your accident happened, an insurance company may try to use that fact to deny your claim or diminish the amount you recover. Our law firm knows how to counter this common insurance tactic.

Our personal injury attorneys will dig deep when we investigate your case. We will also consult with experts. They can analyze the facts of your case, determine the nature of your injuries and conclude whether your lack of a helmet, in fact, contributed to the injuries you suffered. If necessary, an expert can testify on your behalf at trial.

5. Many motorcycle accidents involve hit-and-run drivers.

Typically, when another driver causes a motorcycle accident, you turn to the driver’s liability insurance to pay for your damages. Unfortunately, many motorcycle accidents in Charleston and other areas of West Virginia involve hit-and-run drivers, or drivers who flee the scene before police arrive.

If you were injured in a hit-and-run accident, our law firm will help you to file a claim through your own uninsured motorist (UM) policy. As a motorcycle owner in West Virginia, you must carry this insurance coverage. We will review your policy to determine the amount of coverage available to you.

Hit-and-run cases can be highly complex. For instance, you must establish that another driver was at fault for your accident, which is challenging when that other driver cannot be identified. Additionally, your insurance company may contest the amount of damages that you seek. However, with our experience in hit-and-run motorcycle accident claims, the attorneys of Mani Ellis & Layne, PLLC, will know how to tackle these issues for you.

Get Help from Our Charleston Motorcycle Accident Attorneys Today

If you suffered injuries or lost a loved one in a motorcycle accident in Charleston or elsewhere in West Virginia, make Mani Ellis & Layne, PLLC, your first call. Our law firm will give you the close personal attention you deserve and focus on what is important to you and your family. Our attorneys won’t rest until we have done everything we can to pursue the maximum amount of compensation for you.

To discuss your case, contact our motorcycle accident lawyers today. We will provide a free consultation, and you will pay us nothing unless we obtain a financial recovery for you.