After a car accident involving a motorcyclist, insurance representatives might try to shift blame from the negligent driver to the motorcyclist to avoid paying out a settlement. Under West Virginia state law, sharing responsibility for a motorcycle accident impacts a victim’s ability to recover compensation.
Sharing most of the blame (more than 50 percent) for a motorcycle collision will bar a financial recovery. Sharing some of the blame (less than 51 percent) for a motorcycle crash in Charleston will reduce your financial recovery.
Damages are reduced in direct proportion to your share of the blame. If you are 40 percent at fault, you will see a reduction in damages by 40 percent to reflect that.
At Warner Law Offices PLLC, we are ready for the insurance company’s victim-blaming tactics. Our attorneys work to discredit those claims by demanding evidence, challenging the trustworthiness of witnesses, and gathering evidence that paints a different picture. If you do share some responsibility, we will work to limit how much fault is assigned to you.