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West Virginia couple sues for motorcycle accident injuries


Injured victims have different options to consider after suffering accident injuries. Much of them concern the recovery of the injured party and becoming whole again after a negligent party adversely affected them.

A couple in a neighboring West Virginia community has brought a lawsuit against an energy contractor company after its employee supposedly injured the husband in a motorcycle accident. The couple is alleging that the employee failed to maintain a proper lookout, failed to maintain control of his motor vehicle and failed to maintain a speed that was reasonable in the circumstances when he struck the parked motorcycle from behind.

The victim and his wife claim that the employer is liable for the actions of its employee at the time of the accident. The husband is seeking physical, emotional and mental damages and his wife has lost companionship and services due to the injuries her husband suffered.

Motorcycle collisions can commonly lead to serious injuries because the vulnerability of motorcycle riders on the roadway. Due also to the size of motorcycles and accompanying reduced sightline; drivers sometimes fail to see a motorcycle. This could result in a failure to yield to motorcycles in oncoming traffic or going undetected in a blind spot when a vehicle makes a lane change.

Distracted drivers, in addition, can fail to see a motorcycle and may rear-end a rider because of that. In two-thirds or motorcycle accidents involving another motor vehicle, the motor vehicle violated the motorcycle's right of way and caused the accident.

When a motorcyclist has been injured by a negligent driver, the motorcycle accident victim may wish to bring a claim against the negligent driver for damages. Certainly, though, the motorcycle rider may also be able to bring a claim against the negligent driver's employer in some circumstances. Depending on the nature of the relationship between the employer and the employee and the nature of the employee's activity at the time of the accident, the injured victim may also be able to bring a successful claim against the employer for damages.

An injured party should understand their rights after an accident. Seeking advice can help victims identify who is responsible for the victim's accident and help guide the victim through the process. A recovery of damages can help the victim with the costs and losses the victim will incur.

Source: The West Virginia Record, "Couple sue T S Dudley Land for vehicle accident," Kyla Asbury, July 24, 2013

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