Motorcycle crashes can leave riders with life-altering injuries and overwhelming financial stress. In West Virginia, motorcycle accident claims often involve complex questions about fault, insurance coverage, and the severity of injuries.
Understanding how these claims typically work can help injured riders and families make informed decisions after a crash.
How Fault Is Determined: Modified Comparative Fault
West Virginia follows a legal rule known as modified comparative fault. Under West Virginia Code § 55-7-13A, this rule plays a critical role in determining whether an injured rider may recover compensation.
The statute defines “comparative fault” as “the degree to which the fault of a person was a proximate cause of an alleged personal injury or death or damage to property, expressed as a percentage.”
West Virginia Code § 55-7-13C establishes the critical rule: “Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is greater than the combined fault of all other persons responsible for the total amount of damages.”
This means:
- An injured person may recover damages as long as their share of fault does not exceed 50 percent
- If partially responsible, compensation is reduced by that percentage of fault
- If 51% or more at fault, the injured rider cannot recover any compensation
For example, if a motorcyclist was 20 percent responsible for a crash and total damages equal $100,000, the rider’s recovery may be reduced to $80,000. However, if the rider is found 51% at fault, they recover nothing.
West Virginia Helmet Laws and Safety Requirements
West Virginia Code § 17C-15-44 governs motorcycle equipment and safety regulations. The statute requires:
“No person may operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing securely fastened on his or her head by either a neck or chin strap a protective helmet designed to deflect blows, resist penetration and spread impact forces.”
The law also requires:
- Helmets must meet federal safety standards (DOT FMVSS No. 218, ANSI Z 90.1, or Snell Standards)
- Riders must wear protective eye gear (safety glasses, goggles, or face shield) unless the motorcycle has an approved windshield
Compliance with these laws may become relevant during an injury claim, particularly in cases involving head injuries or facial trauma. Insurance companies sometimes raise helmet-related issues when evaluating damages.
The Two-Year Statute of Limitations
West Virginia law places strict deadlines on personal injury claims. Under West Virginia Code § 55-2-12, a motorcycle accident lawsuit must be filed within two years from the date of the crash.
The statute provides: “Every personal action for which no limitation is otherwise prescribed shall be brought… within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries.”
Missing the filing window may prevent a claim from moving forward in court. If the accident results in death, a wrongful death claim generally must also be filed within two years under West Virginia Code § 55-7-6.
Insurance Coverage Requirements
West Virginia requires drivers to carry minimum liability coverage of:
- $25,000 for injury or death to one person
- $50,000 for injury or death per accident
- $25,000 for property damage
State law also requires uninsured motorist coverage, which may apply when an at-fault driver does not have insurance. In serious motorcycle crashes, injuries may exceed these minimum coverage limits.
Contact Katz, Kantor, Stonestreet & Buckner, PLLC
Motorcycle accident claims can involve complicated legal and insurance issues, particularly when serious injuries are involved. Understanding your rights and options after a crash can be an important step toward protecting your future.
The attorneys at Katz, Kantor, Stonestreet & Buckner, PLLC have decades of experience representing individuals and families affected by serious accidents throughout West Virginia.
To learn more about your options after a motorcycle crash, visit us. If you would like to discuss your situation, you can request a free consultation.
You may also call (304) 898-8499 to speak with the team and learn how they may assist you after a West Virginia motorcycle accident.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.