Accidents with pedestrians, bicyclists, and Motorcyclists
Accidents With Pedestrians, Bicyclists, And Motorcyclists

- Overview
- Common Causes of Pedestrian, Bicycle, and Motorcycle Accidents
- Liability in Pedestrian and Motorcycle Accidents
- West Virginia’s Comparative Liability
- The Role of a Pedestrian and Bicycle Accident Attorney
- Injuries Commonly Sustained in Pedestrian, Bicycle and Motorcycle Accidents
- Compensation for Victims of Pedestrian, Bicycle, and Motorcycle Accidents
- How to Protect Your Rights After an Accident
- Your Pedestrian And Bicycle Accident Attorney In Charleston, WV
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Overview
Walking and bike riding are great for exercise and getting around without a car. The Mountain State also has a plethora of roads and trails ideal for bicyclists and motorcyclists nearly all year long.
Anyone using Charleston’s roadways is required to pay attention to everyone on the road, whether on foot or on any number of wheels. Pedestrians have the right-of-way in most circumstances, and motorists must yield to them at crosswalks and signs indicating when they are allowed to cross. With no sidewalks, West Virginia law dictates that pedestrians walk on the left side.
Bicyclists must follow the same laws as vehicular traffic and ride on the right side of the road. Motorcyclists are also considered vehicular traffic just like passengers and other vehicles, and must ride with traffic.
Unfortunately, drivers of cars, trucks, and larger vehicles don’t always see them. Their vehicle may be too big for them to be seen, or they’re simply not paying attention. Most of these accidents are preventable. The result is that an accident victim is left with considerable medical expenses, time away from work, and possibly life-changing injuries.
If you are walking or riding on two wheels, your chances of serious injuries in an accident are much greater than they are in an enclosed vehicle. The Love Law Firm’s pedestrian and bicycle accident attorney is ready to help you or a loved one after an accident.
Common Causes of Pedestrian, Bicycle, and Motorcycle Accidents
These accidents can happen anytime, anywhere, and are usually by:
- Driver Negligence: Distracted driving, speeding, improper or unsafe lane changes, and failing to yield.
- Dooring is when a driver leaves a vehicle door open giving the bicyclist no opportunity to avoid a collision.
- Road Hazards: Potholes, road damage, poor signage, malfunctioning signals, bushes and other obstacles that inhibit vision, and other hazardous intersections.
- Weather Conditions: Rain, fog, and other conditions affecting visibility and traction.
- Vehicle Design and Defects: Brake or tire failures causing accidents, or other mechanical defects that impact the vehicle’s operation.
The most frequent causes of accidents with pedestrians, bicyclists, and motorcyclists often involve a combination of driver negligence, environmental and other factors.
Liability in Pedestrian and Motorcycle Accidents
West Virginia Code §17C-10-4 states that, “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.”
To establish liability in pedestrian and motorcycle accidents, as the plaintiff, you must prove that:
- The defendant owed you a duty of care
- The defendant breached that duty to you
- As the plaintiff, you suffered harm and losses as a result
- The defendant’s breach of duty caused the accident that led to your harm and losses
Once established, your attorney will determine how much liability the party has, or how much each one is responsible for if there are multiple parties. The Love Law Firm’s pedestrian and bicycle accident attorney can help determine who might be liable for your accident, and whether it’s one or more parties.
West Virginia’s Comparative Liability
Sometimes more than one party is responsible for an accident. Occasionally that party is the victim themselves, whether a pedestrian, bicyclist, or motorcyclist. Comparative liability is the legal principle that assigns a percentage of liability to each party of an accident.
If a pedestrian, bicyclist, or motorcyclist is partly responsible for their accident, they may be assigned a percentage of the total fault. This will depend on the actions that contributed to the accident. Shared liability in pedestrian and motorcycle accidents can mean that a settlement is reduced by a specific percentage.
If someone has told you that you were partly or wholly responsible for the accident, comparative liability can reduce or even eliminate any compensation you might be entitled to receive. Speak with a pedestrian and bicycle accident attorney immediately before speaking to an insurance adjuster or signing any paperwork.
The Role of a Pedestrian and Bicycle Accident Attorney
A person injured while walking or riding will likely suffer catastrophic injuries that require more intense and longer-term medical care than someone riding in a vehicle. Despite this, an insurance company will work to pay you the least amount of money they can, no matter how much your losses are.
A pedestrian and bicycle accident attorney can help ensure that your rights are protected and that you receive the compensation you need. Our process is:
- Initial Case Evaluation d to determine the validity of your claim.
- Gathering Evidence: accident reports, witness statements, surveillance footage, and other relevant information
- Negotiation with Insurance Companies on your behalf to avoid lowball settlements and ensure that you are fairly compensated
- Filing a Lawsuit: when negotiations fail, we prepare for litigation.
Once you retain our firm for your accident, we handle all the administrative and legal tasks, including negotiations. While most claims are settled outside of court, occasionally, we must litigate. If necessary, we’ll prepare your case for trial and represent you in court.
Injuries Commonly Sustained in Pedestrian, Bicycle and Motorcycle Accidents
Pedestrian Injuries:
Fractures and breaks, lacerations, traumatic brain injuries (TBI), and spinal cord injuries.
Bicycle Injuries:
Road rash, broken bones, and internal injuries, including TBI and organ damage.
Motorcycle Injuries:
Severe burns, disfigurement, and paralysis.
These and other injuries may require long-term medical care, especially if the accident victim is permanently disabled and can no longer work. Our attorneys are ready to discuss your case.
Compensation for Victims of Pedestrian, Bicycle, and Motorcycle Accidents
There are several types of damages you may be able to recover after an accident, including:
- Medical expenses (current and future).
- Lost wages and diminished earning capacity.
- Pain and suffering.
- Wrongful death claims for families of fatal accident victims.
We determine the value of your case by reviewing all documented losses, such as medical expenses and lost wages.
How to Protect Your Rights After an Accident
What you do right after an accident can make a big difference in the outcome of your case.
- Immediate Steps: seek medical attention and report the accident.
- Gather Evidence: take photos, get contact information from witnesses, and get a copy of any police report available.
- Avoiding Common Mistakes: do not speak to any insurance adjusters without consulting with an attorney first. You will risk losing any chance of a fair settlement.
Learn more about your case by speaking with our West Virginia pedestrian and bicycle accident attorney before speaking to anyone else. We can help you recover needed compensation and ensure that your rights are protected.
Your Pedestrian And Bicycle Accident Attorney In Charleston, WV
An accident can be devastating, but you don’t have to handle everything by yourself. You need time to heal and recover. We can help–we’ll examine all the facts in your case, and the police report, and advise you on how to proceed.
You may be able to recover compensation for your injuries, including medical expenses, lost wages, and pain & suffering.
If you’ve been involved in an accident as a pedestrian, bicyclist, or motorcyclist, contact us at The Love Law Firm, or call us at (304) 344 5683. Your consultation is free, and we only collect if we win your case.
Phone:
(304) 344-5683