A Law Office in Martinsburg, WV Represents Motorcyclists Injured While Not Wearing a Helmet

by | Apr 24, 2018 | Lawyers

A law office in Martinsburg, WV that provides legal services for personal injury clients sometimes represents individuals who were hurt in motorcycle accidents. Most of these collisions are caused by other drivers, but motorcycle accidents can be some of the most serious incidents because the riders are highly exposed. Basically, the only protection they have is what they wear.

Universal Helmet Law

West Virginia has a legislation known as ‘universal helmet law’, meaning everyone who rides a motorcycle must wear a helmet. Many states only require younger riders, such as those under 21, to wear a helmet. This can make it more difficult for motorcyclists to successfully make a claim against another driver and that automotive insurer if the biker was not wearing a helmet. The rider was breaking the law.
Common Injuries

Attorneys with a law office in Martinsburg, WV will still provide aggressive representation for these clients if they were not at fault for causing the accident. Oftentimes, their injuries would not have been lessened by wearing a helmet. For example, leg and feet injuries are the most common results of a motorcycle accident. Even when the rider was wearing heavy blue jeans, hitting the pavement and sliding along at highway speeds can cause serious skin damage. Patients may need extensive skin grafts and might not be able to work for months.

Comparative Negligence

What if the person suffered head or facial injuries that could be directly attributed to not wearing a helmet, as well as the legally required eye goggles or face shield? Each situation is different, so these individuals may want to schedule a consultation with an organization such as Sherman Law Firm.

Sometimes the insurance company offers to pay a certain percentage of the medical expenses and other costs related to the accident, since West Virginia is a comparative negligence state. The injured person’s financial compensation is reduced by the percentage that they were determined to be at fault for the incident. These situations are complex, so contacting a lawyer through a link like website domain is recommended.

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