Losing a loved one in a motorcycle accident is a sudden and devastating experience that no family is prepared for. When that loss is caused by another driver’s negligence, you deserve answers and accountability. Call (304) 720-6700 or message Tiano O’Dell, PLLC today to schedule a free consultation and discuss your wrongful death claim.
Why Choose Us?
- We will treat your family with compassion and respect while guiding you through a difficult legal process.
- We focus on building strong relationships so you understand your rights and options at every stage.
- We pursue accountability in a way that reflects the true impact of your loss.
Our Results
We have secured meaningful results in wrongful death and serious injury cases, including:
- $5 million settlement for a wrongful death caused by dangerous conditions.
- $3 million settlement for a tractor-trailer crash involving severe injuries.
- $10 million settlement for a catastrophic brain injury case involving long-term harm.
Liability in Fatal Motorcycle Accident Cases
Responsibility for a fatal motorcycle accident may involve multiple parties, including:
- The negligent driver who failed to operate their vehicle safely.
- An employer if the driver was working at the time of the collision.
- A manufacturer if a defective vehicle or part contributed to the crash.
- A government entity responsible for unsafe road conditions.
West Virginia law recognizes that these cases can be complex and that more than one party may share responsibility. Under West Virginia Code §55-7-13a, a claim may still move forward as long as the person who was lost is found to be “less than fifty percent” at fault. Any compensation awarded is then reduced based on the percentage of fault assigned.
For example, if a claim is valued at $200,000 and your loved one is found to be 10 percent at fault, the recovery would be reduced to $180,000. While no amount of compensation can replace your loss, this process helps ensure that responsibility is fairly considered.
West Virginia Wrongful Death Laws
When a motorcycle accident results in a fatality, West Virginia law allows families to pursue a wrongful death claim to seek accountability and financial support.
Damages Available to Families
Under West Virginia Code §55-7-6, families may recover damages for both financial and emotional losses. Damages may include:
- “Sorrow, mental anguish, and solace” experienced by surviving family members.
- The “reasonably expected loss of income, services, protection, care and assistance.”
- Funeral and burial expenses.
These damages are intended to reflect the full impact of the loss on your family’s life.
Who Can File a Claim
Under West Virginia Code §55-7-6(a):
- A wrongful death claim must be filed by the personal representative of the deceased person’s estate.
- Compensation is distributed to surviving family members such as spouses, children, parents, and other dependents.
This structure ensures that the claim is handled on behalf of all those affected by the loss.
Statute of Limitations
West Virginia places a time limit on filing wrongful death claims. Under West Virginia Code §55-7-6(d):
- A claim must be filed within two years from the date of death.
If the personal representative does not file the claim, another eligible family member may seek appointment through the court to pursue the case. However, if no action is taken before the deadline, the claim may be permanently barred.
How a Lawyer Can Help
Fatal motorcycle accident cases require careful investigation to understand what truly happened and why. During this difficult time, having the right legal guidance can help bring clarity and a sense of direction. A Charleston, WV motorcycle accident attorney can:
- Carefully investigate the crash and gather police reports, witness statements, and other critical evidence.
- Work with experts to reconstruct how the accident occurred and identify contributing factors.
- Identify all responsible parties and available insurance coverage.
- Evaluate the full impact of the loss, including long-term financial and personal consequences.
- Handle negotiations with insurers and prepare the case for trial if a fair resolution is not offered.
By taking on the legal responsibilities, a lawyer can help relieve the pressure of the process and give your family the space to focus on healing and honoring your loved one.
Contact Us Today
Call (304) 720-6700 or message Tiano O’Dell, PLLC online to schedule a free consultation today with our Charleston fatal motorcycle accident lawyers.
