Motorcycle Accident Lawyer

Motorcycles can be dangerous, but that doesn’t stop thousands of people riding them every single day. Whether it is your first time on a bike or you have ridden for years, if you ever find yourself involved in an accident, you need to contact a motorcycle accident lawyer in Morgantown, West Virginia from Hayhurst Law as soon as possible to get representation. Here are some of the most common things people wonder about when they are involved in an accident. 

Can You Seek Damages if You Weren’t Wearing a Helmet?

You may think that if you were not wearing a helmet, you cannot seek damages in a motorcycle accident. This is typically not the case. You will want to speak with a lawyer, but you can likely file for some sort of compensation even if you were not wearing the proper safety gear. 

What Happens If You Were Partially At Fault for the Accident?

Every state has different rules and regulations regarding seeking compensation. Some will allow you to seek damages even if you were partly at fault for the accident. Others will not allow it, even if you only played a very small role in creating the accident. You will want to speak with your lawyer before talking to anyone else about the accident. He or she will be able to guide you in the process to make sure you do not accidentally admit to fault in the accident. 

What Kind of Compensation Can You Seek?

There are many different types of damages that you can seek in a motorcycle accident case. Some of the most common include all of your medical bills and costs, compensation for anything damaged in the accident – including your bike and any accessories that were damaged or destroyed – and lost wages due to missed work. Your life should not change financially because of an unfortunate accident that happened. The at-fault party should be held responsible for these damages so that you can begin to move on with your life after the accident. 

Contact a Lawyer Today

Do not hesitate to reach out to a motorcycle accident lawyer in Morgantown, WV from Hayhurst Law as soon as you are involved in an accident. There is a statute of limitations for filing and you want to make sure you are able to seek compensation for your damages. A lawyer will guide you through the entire process and make sure you are prepared, should your case go to court. We can set up a free consultation to go over what happened in the accident and what the best way to proceed will be. Sometimes it is best to just take a settlement if the number seems fair. If you are being lowballed, however, you may want to take your case to court. Your lawyer will keep you on track and make sure that you are prepared either way. Contact us today to learn more.  

What To Expect During A Motorcycle Accident Lawsuit

When we’re involved in a motorcycle accident, the aftermath can feel overwhelming. From medical bills to lost wages and dealing with insurance companies, it’s easy to feel like we’re facing an uphill battle. If we decide to pursue a motorcycle accident lawsuit with the help of our Morgantown, WV motorcycle accident lawyer, understanding the process can ease some of the stress and help us feel more prepared. Here’s a breakdown of what we can expect during a motorcycle accident lawsuit.

1. Initial Consultation And Case Evaluation

The first step in the process is meeting with a motorcycle accident lawyer for an initial consultation. During this meeting, we discuss the details of our accident—how it happened, the injuries we sustained, and the impact on our daily lives. Our lawyer will evaluate whether we have a strong case by reviewing evidence like:

• Police reports

• Medical records

• Witness statements

• Photos and videos from the scene

If the lawyer believes we have a viable claim, they’ll guide us through the next steps and outline the legal process.

2. Investigation And Gathering Evidence

Once we decide to move forward, our lawyer conducts a thorough investigation. This step is crucial because the more evidence we have, the stronger our case becomes. Key evidence includes:

• Accident Reconstruction: Experts may recreate the accident to determine exactly how it happened.

• Medical Documentation: Detailed records of our injuries, treatments, and prognosis are vital.

• Witness Testimony: Statements from those who saw the accident can support our version of events.

Our lawyer also reviews the other party’s driving record and insurance coverage to assess liability.

3. Filing The Lawsuit

If a fair settlement cannot be reached through negotiations with the insurance company, the next step is filing a formal personal injury lawsuit. At Hayhurst Law PLLC, we can confirm that this involves submitting a legal document called a complaint that outlines our claims, the damages we’re seeking, and how the other party’s negligence caused the accident.

Once the lawsuit is filed, the defendant (the other party) is served with legal papers and given time to respond.

4. Discovery Phase

The discovery phase allows both sides to exchange information and gather additional evidence. This process can take several months and typically includes:

• Interrogatories: Written questions each party must answer under oath.

• Depositions: Oral testimony from witnesses, medical professionals, and accident experts, all recorded under oath.

• Document Requests: Both sides request and review relevant documents like medical records and accident reports.

Discovery is a critical part of the case because it allows us to build a compelling argument while understanding the other side’s position.

5. Settlement Negotiations

Most motorcycle accident cases are settled out of court. Throughout the lawsuit, our lawyer will engage in ongoing negotiations with the other party’s legal team and insurance company. If we reach a fair agreement, the case ends, and we receive compensation.

Settlements can cover a variety of damages, including:

• Medical expenses (past and future)

• Lost wages and future earning capacity

• Pain and suffering

• Property damage

Pursuing a motorcycle accident lawsuit may seem daunting, but having our Morgantown motorcycle accident lawyer by our side makes the process easier. From gathering evidence to negotiating with insurers and presenting our case in court, our legal team will fight to ensure we receive the compensation we deserve. If we’re facing the aftermath of a motorcycle accident, knowing what to expect can give us the confidence to move forward and seek justice.