Losing a Loved One in a Motorcycle Crash? We Can Help You Understand Your Options.

When a motorcyclist dies in a West Virginia crash, the family may be able to bring a wrongful death claim. A fatal motorcycle crash lawyer can explain who may file, what a claim may cover, and which deadlines apply. This guide covers those questions in plain language. Every case is different, and no specific result can be promised.

What a Fatal Motorcycle Crash Wrongful Death Claim Is

A wrongful death claim is a legal claim brought after a person dies because another party’s wrongful act, neglect, or default caused the death. W. Va. Code § 55-7-5 allows an action for damages in that situation, even though the injured person has died.

W. Va. Code § 55-7-6 lets the jury, or the court in a case tried without a jury, decide in what proportions any damages are distributed to the surviving spouse, children, parents, brothers, sisters, and others the law names. If there are no such survivors, distribution follows the decedent’s will or, if there is no will, the laws of descent and distribution.

A civil claim is separate from criminal charges. Prosecutors decide whether to file criminal charges. The family’s civil claim is a different matter.

This guide is written for spouses, children, parents, and other relatives who lost a motorcyclist in a West Virginia crash.

What a Wrongful Death Claim May Cover

A wrongful death claim may seek several kinds of damages. The statute names them, and not every family will have every category.

• Sorrow, mental anguish, and solace, including the loss of companionship, comfort, guidance, and advice the person gave.
• Lost income the person would reasonably have earned, and lost services, protection, care, and help the person provided.
• Medical, hospital, and treatment expenses tied to the injury that caused the death.
• Reasonable funeral expenses.

These categories come from W. Va. Code § 55-7-6. The statute also requires the jury to state medical and funeral amounts separately.

The damages a family may recover depend on the facts of the crash, the people involved, and the losses the family can document.

Common Causes of Fatal Motorcycle Crashes

A crash can have many causes. The factors below may be relevant in a particular crash. They are not findings about any specific crash.

• A driver who turns left in front of an oncoming motorcycle, or fails to yield the right of way.
• A blind spot collision, when a motorcycle is in a vehicle’s mirror blind zone during a lane change or pass.
• Speeding or reckless driving, which leaves less time to stop or swerve.
• Distracted driving, including phone use.
• Impaired driving. The West Virginia DMV impaired driving page covers alcohol-impaired crash data.
• Road hazards, such as potholes, gravel, debris, or poorly marked construction zones.

Who May Be Responsible

More than one party may share responsibility for a fatal motorcycle crash. Who is responsible depends on how the crash happened.

• Another driver whose negligence may have caused the crash.
• A commercial truck or vehicle operator, and in many cases the employer. W. Va. Code § 55-7-32 defines an “employer defendant” to include the vehicle’s owner, the operator’s employer, and any entity with legal control over the vehicle or driver.
• A vehicle or parts maker when a defect may have contributed.
• A property owner or government agency when a dangerous road condition may have contributed.

Questions about an employer’s hiring practices can come up in some commercial vehicle cases, depending on the facts.

Under W. Va. Code § 55-7-13c, each defendant is generally liable only for its own share of fault. A driver whose impairment caused the harm may face joint liability under the same section.

If another driver was at fault, the family may have a claim against that driver and any responsible insurer. Some insurers may dispute a claim, so accurate records matter.

How the Claim Process Works

A wrongful death claim usually moves through a free case review, an investigation, insurance discussions, and, if needed, a lawsuit. Each step may take a different amount of time.

1. Free case review. The family shares the crash facts, and the firm explains the options. The free case review is confidential and carries no obligation to continue.
2. Investigation. The firm can help gather the police crash report, scene and vehicle information, and witness contacts.
3. Identifying parties and insurance. The firm looks at who may be responsible and what coverage may apply.
4. Proving the losses. The family gathers funeral bills, pay records, and records of the support the person provided.
5. Claim and lawsuit. The claim goes to insurers. If a fair resolution is not reached, a lawsuit may be filed.

The length of each step may vary with the parties and insurers involved.

Deadlines and Evidence to Protect Early

West Virginia generally allows two years to file a wrongful death claim, and exceptions may apply (W. Va. Code § 55-7-6).

Personal injury actions have their own limit. W. Va. Code § 55-2-12 generally sets two years for those claims, and exceptions may apply. Because the two clocks can differ, families should confirm which one applies early.

Evidence that may be relevant includes:

• The police crash report. The Beckley Police crash report requests page lists a $20 copy fee for crash reports.
• Photos of the scene, the vehicles, the motorcycle, and the helmet.
• Dashcam or traffic camera footage, if any exists.
• Names and contact details for witnesses.
• Medical and emergency records.
• Funeral receipts, pay records, and records of the support the person gave the family.

Ask before repairing, selling, or discarding the motorcycle and gear. Keep them as they are until someone reviews them.

How the Firm Can Help Your Family

The firm represents families after fatal crashes. It handles wrongful death claims arising from car, truck, and commercial vehicle collisions. It also handles catastrophic injury, traumatic brain injury, and spinal cord injury claims.

We serve families across West Virginia, including Charleston, Huntington, Morgantown, and Wheeling. If you need a fatal motorcycle crash lawyer in West Virginia, the firm can review your family’s facts with you.

Our support staff can help your family keep records, schedule meetings, and track deadlines. To prepare for your free case review, gather:

• The police crash report number, if you have it.
• Names of the people involved and any witnesses.
• Photos of the scene and vehicles.
• Any letters you have received from insurers.

Frequently Asked Questions About Motorcycle Wrongful Death Claims

Practical Steps Families May Consider

If your family lost a motorcyclist in a West Virginia crash, you may have a claim, and you do not have to face the next steps alone. Call the firm about your case, or request a free case review through our contact page, and tell Big Bubba what happened in your own words.