Morgantown, WV Motorcycle Accident Lawyers

By J. Brandon Shumaker  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated October 28, 2026

A rider has none of the protection that a car’s frame, seat belts and airbags give its occupants. When a driver turns across a motorcycle’s path or changes lanes without looking, the rider and any passenger usually take the full force of the crash.

At Slavey & Shumaker PLLC, our motorcycle accident lawyers represent injured riders, passengers and families throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. Our office is on Chancery Row, beside the Monongalia County Courthouse in Morgantown. We investigate the crash, deal with the insurance companies, and pursue full compensation under West Virginia law, through settlement or trial.

1. Why Motorcycle Crash Cases Are Different

Motorcycle cases raise issues that do not come up the same way in most car crash cases:

• More serious injuries. Riders are more likely to suffer head, spinal cord and other severe injuries, which means larger medical bills and longer recoveries.
• Bias against riders. Insurance adjusters, and sometimes jurors, may assume a rider was speeding or riding recklessly. A careful investigation helps answer that assumption with facts.
• Helmet and gear questions. Insurers often ask whether the rider was wearing a helmet and eye protection, and may argue that missing gear made the injuries worse.
• Not enough insurance. Serious injuries can quickly exceed the at-fault driver’s liability limits, so your own uninsured and underinsured motorist coverage often matters.

2. Common Causes of Motorcycle Accidents

Many motorcycle crashes are caused by other drivers who fail to see or yield to a motorcycle. Knowing why your crash happened is the first step in proving who is responsible.

We represent riders hurt on interstates and highways such as I-79, I-68, U.S. 19, U.S. 50 and U.S. 119, and on the two-lane state and county roads that run throughout West Virginia.

3. West Virginia Motorcycle Safety Laws

West Virginia sets specific safety requirements for motorcycle operators and passengers in W. Va. Code § 17C-15-44:

4. What to Do After a Motorcycle Accident

1. Get medical care right away, even if you feel able to ride away. Head and internal injuries do not always show symptoms at first.
2. Call law enforcement so an official crash report is made.
3. Document the scene: photos of the vehicles, skid marks, road surface, traffic signals and your injuries, plus the names and contact information of witnesses.
4. Keep your helmet, jacket and other gear as they are. Damaged gear can show how the crash happened and how you were hurt.
5. Do not repair or dispose of the motorcycle until it has been photographed and inspected.
6. Do not give a recorded statement to the other driver’s insurance company before getting legal advice.
7. Talk to a motorcycle accident lawyer as soon as possible, while evidence is still available.

5. Fault and Insurance in Motorcycle Cases

West Virginia uses a modified comparative fault rule. Under W. Va. Code § 55-7-13c(c), your own fault does not bar recovery unless it is greater than the combined fault of all other persons responsible. If your fault is less than the combined fault of everyone else, your recovery is reduced in proportion to your share of fault.

Each defendant is generally responsible only for its own percentage of fault (§ 55-7-13c(a)). One important exception: a defendant whose impaired driving, as described in § 17C-5-2, is a proximate cause of your damages is jointly and severally liable (§ 55-7-13c(h)(1)).

West Virginia’s minimum liability limits are $25,000 for bodily injury or death of one person and $50,000 for two or more people in one accident, subject to the one-person limit (W. Va. Code § 17D-4-2(b)). Those amounts are often not enough to cover a serious motorcycle injury. That is where your own coverage can matter:

• Uninsured motorist (UM) coverage. Every West Virginia auto liability policy must include coverage that pays you what you are legally entitled to recover from an uninsured driver, within limits no less than the state minimums (§ 33-6-31(b)). A driver whose identity is unknown is treated as uninsured, subject to the conditions in the statute (§ 33-6-31(c)).
• Underinsured motorist (UIM) coverage. Insurers must offer UIM coverage as an option, and it applies only if you selected it (§ 33-6-31(b); W. Va. Code R. § 114-63-5.1). UIM coverage applies when the at-fault driver’s liability insurance actually available to you is less than your total damages, regardless of how those liability limits compare to your UIM limits (Syl. Pt. 5, Pristavec v. Westfield Insurance Co., 184 W. Va. 331, 400 S.E.2d 575 (1990); W. Va. Code R. § 114-63-2.2). UIM coverage then pays the damages that the at-fault driver’s available liability coverage does not, up to your UIM limits (State Automobile Mutual Insurance Co. v. Youler, 183 W. Va. 556, 396 S.E.2d 737 (1990)). Amounts payable under UIM coverage may not be reduced by payments made under your policy or any other policy (§ 33-6-31(b); W. Va. Code R. § 114-63-5.2).

We review every policy that may apply, including your motorcycle policy, any auto policies in your household, and the at-fault driver’s coverage, to find all available sources of recovery.

6. The Deadline to File a Motorcycle Accident Lawsuit

In most West Virginia motorcycle accident cases, a personal injury lawsuit must be filed within two years (W. Va. Code § 55-2-12(b)). Property damage claims also generally have a two-year deadline (§ 55-2-12(a)). Claims for a death caused by a crash have their own rules; see our wrongful death page.

7. What Compensation You Can Recover

An injured rider or passenger may be entitled to compensation for both economic and non-economic losses, including:

No lawyer can guarantee a result. The value of a claim depends on factors such as the cost of past and future medical care, lost income, whether the injury affects your ability to work, property damage, whether the injury caused permanent scarring or disability, and the insurance coverage available. Common motorcycle injuries include traumatic brain injuries, spinal cord injuries, broken bones, road rash and other skin injuries, and internal injuries. See our page on serious injuries.

Serving Injured Riders Throughout West Virginia

We represent people injured in motorcycle accidents throughout the State of West Virginia, including Morgantown and all of Monongalia County, Preston County, Marion County and Harrison County. If you cannot travel to Morgantown, we offer consultations by telephone.

8. Frequently Asked Questions About Motorcycle Accidents in West Virginia

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.