Comparative Negligence: Motorcycle Accidents

Each year, thousands of motorcycle accidents occur that injure, seriously injure, or cause fatal injuries to unsuspecting individuals each year. The unfortunate part of any accident is that it can occur in a blink of an eye and yet the impacts can be devastating for a long time afterward. Often times, motorcyclists are aware of just how dangerous riding on roadways and highways can be. They are also aware of the added precautions that are necessary to take to avoid injuries. However, some accidents are unavoidable and many are the fault of multiple parties. If you or your loved one has been injured in a motorcycle accident in the state of West Virginia, contact Colombo Law today for a risk-free initial consultation with one of our experienced attorneys.

What is Comparative Negligence?

Comparative negligence is a legal theory that provides that individuals should not be able to recover for injuries that they caused themselves. The state of West Virginia is a modified comparative negligence state. If it is determined that you have contributed to your injury, your award will be reduced to the extent to which you caused your own injury. In addition, if you are more than 50% responsible for your own injury, your personal injury claim may be barred. This is why it is so important to take adequate precautions both before and after an injury to ensure that you can either avoid an accident entirely or to ensure that you can recover monetary compensation for any injuries sustained.

Motorcycles and Comparative Negligence

Some motorcyclists are negligent, and sometimes even reckless, when riding on roadways and other highways. Some driving concerns that could be considered when defendants assert comparative negligence include:

  • Riding without a helmet: Traumatic Brain Injuries are a serious consequence of motorcycle accidents. Even falls that occur at slow speeds have resulted in serious head trauma. Failing to wear a helmet can significantly reduce your right to recover for damages associated with head injuries.
  • Erratic and unlawful driving patterns: Motorcyclists sometimes break the law by driving on shoulders or weaving in and out of traffic. When this occurs, motorcyclists can be found partially negligent due to the fact that their behavior increases the likelihood of an accident.
  • Speeding: Speeding can significantly increase the risk of harm in any accident. A motorcycle accident that occurs at high speed can be fatal.

Injured in an Accident? Contact Colombo Law Today

Motorcycle accidents can be particularly complex cases. If you or your loved one has been injured in a motorcycle accident, it is crucial to obtain the assistance of an experienced attorney who can assist you with your claim. Colombo Law assists clients located in and around West Virginia including in Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood Grafton, Weston, Philippi, Buckhannon, Elkins, Parkersburg, as well as Monongalia, Marian, Harrison, Preston, Taylor, and Lewis county. If you are unsure of whether you have a personal injury claim or how to proceed with obtaining monetary compensation, contact Colombo Law today.


by Colombo Law
Last updated on - Originally published on