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Insurance Companies and Motorcycle Accidents

Providing aggressive representation in West Virginia

Dealing with insurance companies after a motorcycle accident can be a tremendous headache. All you want is to be paid the compensation you deserve for the injuries you suffered because someone else was negligent. All they want is to pay you as little as possible. The motorcycle accident attorneys at Mani Ellis & Layne, PLLC know how insurance companies operate and how to file a successful claim.

West Virginia is a modified comparative negligence state. If you are more than 50 percent at fault for your motorcycle 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.

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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.

We know how to fight for injured bikers

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, we will work hard to hold the driver accountable for your injuries.

Understanding helmet laws in West Virginia

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. The reality is that just because you weren't wearing protective gear doesn't mean your injuries were automatically your fault. Our law firm knows how to counter this common insurance tactic.

Our legal team 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.

If you were injured in a motorcycle accident, our attorneys know how to deal with insurance companies that don't want to pay you. Contact us for a free consultation.

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Mani Ellis & Layne, PLLC
602 Virginia St E #200
Charleston, WV 25301
Phone: 304-720-1000