Motorcyclists are some of the most vulnerable people on West Virginia roads — and some of the most unfairly treated when it comes to personal injury claims. When a crash happens, insurance adjusters are quick to blame the rider, even when another driver’s negligence was entirely responsible. If you were injured in a motorcycle accident in West Virginia, you need an attorney who knows how to counter that bias and fight for the full compensation you deserve.
At Stroebel & Stroebel, PLLC, we represent motorcycle accident victims throughout West Virginia. We know how these cases are defended, and we prepare our clients’ claims to overcome the assumptions that hurt riders’ recoveries.
The Bias Problem in Motorcycle Accident Claims
Motorcycle accident cases are unique because of a persistent — and provably unfair — bias against riders. Insurance companies and defense attorneys exploit it at every turn:
- “He was going too fast for those curves.”
- “She should have anticipated the car pulling out.”
- “Motorcycle riding is inherently risky — he assumed that risk.”
These arguments are common. They’re also legally insufficient in most West Virginia motorcycle accident cases. West Virginia’s comparative fault law doesn’t let an insurer simply blame the rider without evidence — but that doesn’t stop them from trying.
An attorney who handles motorcycle cases understands how to document the evidence, use accident reconstruction, and rebut these unfair characterizations so that your case is judged on its actual facts.
Common Causes of Motorcycle Accidents in West Virginia
The majority of serious motorcycle crashes are caused by other drivers, not the motorcyclist. Common scenarios include:
- Left-turn crashes — a car fails to yield to an oncoming motorcycle at an intersection, the most common cause of fatal motorcycle accidents
- Lane changes — a driver moves into a lane without checking for motorcycles in their blind spot
- Rear-end collisions — a driver following too closely hits a motorcyclist who brakes for traffic
- Dooring — a parked car’s door opens into the path of a motorcycle
- Road hazards — potholes, gravel, wet leaves, uneven pavement, and debris that are minor inconveniences for cars become serious hazards for motorcycles
- Drunk or distracted driving — inattentive drivers fail to see motorcycles at all
- Failure to yield — drivers pulling out of side streets or parking lots cut off approaching riders
West Virginia Motorcycle Laws — What You Need to Know
Helmet law. West Virginia requires all motorcycle operators and passengers to wear helmets under West Virginia Code § 17C-15-46. Failure to wear a helmet can be used to argue comparative fault for head injuries in some cases — though it does not bar recovery entirely and cannot be used to reduce compensation for injuries unrelated to the head.
Comparative fault. West Virginia’s modified comparative fault rule applies to motorcycle accidents. You can recover compensation as long as you were less than 50% at fault. Your recovery is reduced proportionally by any fault attributed to you.
Lane splitting. Lane splitting (riding between lanes of traffic) is not permitted in West Virginia. Insurance companies will argue lane splitting as evidence of fault if it was occurring at the time of the crash.
Injuries Motorcyclists Suffer
Because motorcycles provide no surrounding structure to protect riders in a crash, injuries tend to be severe even at relatively low speeds:
- Traumatic brain injury (even with a helmet)
- Spinal cord injury and paralysis
- Road rash requiring skin grafting
- Fractured arms, legs, pelvis, and collarbone
- Internal injuries and organ damage
- Degloving injuries and amputations
- Wrongful death
These injuries frequently require months or years of medical treatment. Many motorcyclists suffer permanent disability that affects their ability to work and enjoy life. Full compensation accounts for all of these losses — not just the emergency room bill.
What Damages Can You Recover?
In a West Virginia motorcycle accident case, you are entitled to recover:
Economic damages: Medical expenses (past and future), lost wages and earning capacity, cost of rehabilitation and long-term care, property damage to the motorcycle and gear.
Non-economic damages: Pain and suffering, emotional distress, disfigurement and scarring, loss of enjoyment of activities, loss of consortium.
Punitive damages: Available in cases involving especially reckless or intentional conduct — such as a drunk driver who deliberately got behind the wheel.
Insurance companies routinely offer motorcycle accident victims far less than the true value of their injuries. Having an attorney who will take the case to trial if necessary is what produces fair results.
How We Build a Motorcycle Accident Case
Strong motorcycle accident cases are built on evidence:
- Accident reconstruction to establish exactly how the crash happened and whose fault it was
- Witness statements gathered quickly before recollections fade
- Surveillance footage from traffic cameras, businesses, and nearby residences
- The at-fault driver’s phone records if distracted driving is suspected
- Police report and investigation materials
- Expert medical testimony documenting your injuries and long-term prognosis
- Documentation of your riding experience and training, which counters assumptions about rider fault
We also investigate the road conditions at the time of the crash. If a pothole, unmarked hazard, or improper road maintenance contributed to the accident, a government entity or road contractor may share liability.
Frequently Asked Questions
I wasn’t wearing a helmet. Can I still recover?
Yes, though the lack of a helmet may be used to reduce your recovery for head and brain injuries specifically. It does not bar you from recovering compensation for your other injuries, and it has no effect on fault for the crash itself.
The other driver’s insurance says the accident was my fault. What do I do?
Don’t accept that characterization without a thorough investigation. Insurance companies routinely shift blame to motorcyclists as a first negotiating tactic. An attorney can gather the evidence needed to establish what actually happened.
My motorcycle was totaled. Can I recover for that too?
Yes. Property damage to your motorcycle, helmet, protective gear, and other personal property damaged in the crash is compensable.
How long do I have to file a claim?
Two years from the date of the accident under West Virginia Code § 55-2-12. Contact us as soon as possible — evidence is time-sensitive.
Contact a West Virginia Motorcycle Accident Attorney
If you were seriously injured in a motorcycle crash in West Virginia, call Stroebel & Stroebel, PLLC at 304-346-0197 or complete the form on this page. We understand the unique challenges riders face and we fight to overcome them.
Contingency fee available for personal injury cases. Call or message anytime — we respond promptly.