West Virginia Motorcycle Accident Attorney
Serious Injury Representation Backed by Over $1 Billion Recovered
Motorcycle riders have virtually no barrier between themselves and the road. When a distracted driver, an impaired motorist, or a vehicle making a blind-spot lane change strikes a rider, the results can be catastrophic. Fitzsimmons Law Firm, PLLC represents injured motorcyclists throughout West Virginia, pursuing the compensation they may need to recover and rebuild.
Founded in 1978 in Wheeling, the firm brings over 100 years of combined attorney experience and more than $1 billion recovered in verdicts and settlements. With more than 190 individual recoveries of $1 million or more, Fitzsimmons Law Firm, PLLC has the depth and resources to go up against well-funded insurers on behalf of seriously injured riders.
Dial (888) 492-4303 to discuss your motorcycle accident case with the firm’s attorneys.
Compensation Available to Injured West Virginia Motorcyclists
Motorcycle accident injuries rarely end at the emergency room. Brain injuries, broken bones, paralysis, spinal damage, and nerve damage carry long-term costs in rehabilitation, lost income, and ongoing care that initial treatment estimates rarely capture. The firm pursues the full range of damages available under West Virginia law on behalf of injured riders.
Recoverable damages in a motorcycle accident claim include:
- Past and future medical expenses, including rehabilitation and adaptive equipment
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Diminished quality of life and loss of consortium
- Property damage to the motorcycle and riding gear
When a motorcycle crash results in a fatality, the personal representative of the deceased’s estate may pursue a wrongful death claim on behalf of surviving family members.
West Virginia follows a modified comparative fault rule: an injured rider may still recover compensation even if partially responsible for the crash, provided their share of fault doesn’t exceed 50 percent. Any award is reduced proportionally by their percentage of fault. Under WV Code §55-2-12, riders have two years from the date of the accident to file a personal injury lawsuit. Missing that deadline typically bars recovery entirely, which is why contacting an attorney promptly matters.
Hear From Our Happy Clients
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"Fitzsimmons Law does an outstanding job for their clients by having great attorneys and a great reputation. They also have an outstanding reputation for helping their community in many ways. All of the attorneys are great."
Fitzsimmons Law does an outstanding job for their clients by having great attorneys and a great reputation. They also have an ...
Rick -
"Fitzsimmons' Law Firm staff were so helpful and made the process of my lawsuit easy and effortless. They kept me informed at every step and got me the maximum for my personal injury settlement."
Justin and the Fitzsimmons' Law Firm staff were so helpful and made the process of my lawsuit easy and effortless. They kept ...
Stacey -
"The team really took care of me! They were always so responsive and helpful when I contacted them."
Justin and the team really took care of me! They were always so responsive and helpful when I contacted them.
Haley -
"Because of their knowledge in law and empathy was able to get the justice for the loss of a son. For your handling of my case, thank you."
I found this firm and Justin Wiater to possess fairness, knowledge, good judgement, perseverance and experience. This firm ...
Patricia Girts -
If you need a law firm, look no further.
Cannot thank this firm enough for the expertise and efficiency with which they handled my case. True professionals in every ...
Bob Reasbeck -
When our families lives took a tragic turn we knew we needed the best law office to listen to our side and represent us. So ...
Rich S. -
"Professionalism, integrity, and expertise".
Referred by our personal attorney, because of the Fitzsimmons Law Firm's expertise in personal injury cases, we found that ...
Mary -
A Special Thank You
My husband and I recently had some end-of-life documents drawn up by Rocky. From my initial phone call to Kashelle, his ...
K Bauer
What to Do After a Motorcycle Accident in West Virginia
The steps taken immediately after a crash affect both a rider’s health and their ability to recover compensation. Moving through each one carefully protects both.
Call the Police
West Virginia law requires reporting a crash when anyone is injured. The responding officer’s report documents fault, witnesses, and scene conditions and becomes a foundational document for any personal injury claim. Give the officer an honest account of events, but don’t admit fault or speculate about what happened.
Seek Medical Care Immediately
Emergency responders frequently transport motorcycle accident victims from the scene. Riders who are able to leave under their own power still need a medical evaluation as soon as possible. Adrenaline following a crash can suppress pain, allowing serious injuries to go unnoticed for hours or days. Prompt medical care creates the treatment record a personal injury claim depends on.
Common Causes of Motorcycle Accidents in West Virginia
Most motorcycle crashes aren’t caused by rider error. They result from the behavior of other drivers and, in some cases, from road conditions that would be minor inconveniences for enclosed vehicles. Identifying the cause matters because it determines who is liable.
Frequent causes of motorcycle accidents include:
- Unsafe lane changes: Motorcycles are easily missed in blind spots, making lane-change collisions among the most common crash types
- Left-turn collisions: A turning vehicle cutting across a motorcyclist’s path accounts for a significant share of motorcycle-car crashes
- Sudden stops: Rear-end collisions caused by vehicles stopping without warning can throw riders from their bikes
- Poor road conditions: Potholes, gravel, and wet or icy pavement on West Virginia’s rural and mountain roads present hazards that can be fatal for riders
- Distracted or impaired drivers: Inattentive and intoxicated motorists present heightened danger to riders who have no protective barrier
- Speeding: Reduced reaction time and stopping distance dramatically increase crash severity
- Motorcycle defects: Equipment failures can cause crashes independent of any other driver’s conduct
Lane splitting is illegal in West Virginia. If a rider was engaged in prohibited conduct at the time of the crash, West Virginia’s modified comparative fault rule governs how that affects any recovery.
Injuries Common in West Virginia Motorcycle Accidents
Even riders wearing DOT-certified helmets, as required by West Virginia law, remain exposed to a full range of serious injuries. Without structural protection, collision forces transfer directly to the rider’s body.
Common injuries in motorcycle crashes include:
- Traumatic brain injury, ranging from concussion to severe TBI with permanent cognitive or physical impairment
- Spinal cord injuries, including partial or complete paralysis requiring lifelong care
- Broken and fractured bones
- Road rash, which can cause deep tissue damage and permanent scarring
- Internal bleeding
- Whiplash and soft tissue injuries
- Lacerations
- Amputation
Traumatic brain injuries deserve particular attention in motorcycle cases. Bob Fitzsimmons co-founded the Brain Injury Research Institute (BIRI), placing the firm at the intersection of legal advocacy and medical research on head trauma. That background directly informs how Fitzsimmons Law Firm, PLLC investigates and presents TBI claims, including the long-term prognosis and cost-of-care arguments that can affect the value of a serious injury case.
Injured in a West Virginia Motorcycle Accident? Call Fitzsimmons Law Firm, PLLC.
The firm’s attorneys pursue fair compensation for motorcycle accident injuries, protecting clients’ rights throughout every stage of the legal process. With over 100 years of combined experience, more than $1 billion recovered, and a founding partner who co-founded the Brain Injury Research Institute, Fitzsimmons Law Firm, PLLC brings the depth an injured rider needs when facing insurers and opposing counsel. Cases receive individualized attention and a thorough investigation built to prove the claim.
Contact a West Virginia motorcycle accident attorney by calling (888) 492-4303 to discuss your injuries and learn what compensation may be available to you.