Virginia Beach Motorcycle Accident Lawyer
Motorcycles are a common method of transportation for many residents and tourists in Virginia Beach, especially during the warmer months. While riding a motorcycle can be thrilling, particularly in coastal cities like Virginia Beach, it can also be incredibly dangerous.
If you’ve been injured in a motorcycle accident that was caused by someone else’s negligence in Virginia Beach, The Motorcycle Injury Attorneys can help you hold the at-fault party accountable for their carelessness by demanding compensation for your losses. Although no settlement can undo the pain and trauma you have experienced, it can help alleviate the financial strain of hospital bills, lost earnings, future lost income, and other expenses.
Mike Deering and Chris Hendrick has over 30 years of combined experience helping motorcycle crash victims in Virginia Beach seek justice through compensation. Contact us or call our office today at 757-383-6848 to set up a consultation with us. During a free, no-risk case evaluation, we will explain your legal options and help you understand the likely outcome of your case.
Why Motorcycle Accidents Are So Dangerous
Motorcycle accidents frequently result in severe injuries. This is because motorcyclists don’t have the same level of protection from the force of a collision that motorists have. Passenger vehicles contain safety features such as airbags, seat belts, and anti-lock brakes, all of which work to protect vehicle occupants from being injured in a crash. Motorcyclists’ bodies, however, are usually directly impacted when they are in a crash with a motorist. Depending on the speed a motorist is traveling prior to a collision, motorcyclists can even be thrown from their bikes, leading to traumatic brain injuries, fractures, road rash, and other catastrophic injuries. Severe injuries can turn into permanent disabilities.
Causes of Motorcycle Accidents in Virginia Beach
Most motorcycle accidents are caused by some form of negligence, often on the part of another motorist. Some of the most frequent causes of motorcycle accidents in the Virginia Beach area include:
- Distracted driving
- Drunk or intoxicated driving
- Speeding
- Running red lights or stop signs
- Passing a motorcycle without moving over to an adjacent lane
- Turning or changing lanes without signaling or checking mirrors
- Tailgating (following too closely)
- Failure to obey traffic laws
- Reckless driving
- Road rage and other aggressive driving behaviors
- Driver fatigue
- Lack of driving experience
- Failure to yield the right-of-way
- Failure to check blind spots for motorcyclists
- Lane splitting
- Sudden turns
If you were injured in a motorcycle accident through no fault of your own, then you could be eligible to pursue an insurance claim or personal injury lawsuit to obtain compensation for your motorcycle accident-related injuries and losses.
What Injuries Do Riders Suffer in Motorcycle Accidents?
Motorcycles offer riders little protection in a crash. As a result, riders often suffer a wide range of severe and potentially life-threatening injuries. Some of the common injuries suffered by riders in motorcycle accidents include:
- Road rash
- Broken/fractured bones
- Foot, leg, hand, and arm injuries, including dislocated joints, ligament sprains/tears, muscle or tendon strains/tears, or traumatic amputation/limb loss
- Head and neck injuries, including whiplash and facial trauma
- Spinal injuries, including herniated disc injuries or spinal cord injuries
- Traumatic brain injuries
- Fatal injuries/wrongful death
Elements of a Motorcycle Accident Claim in Virginia Beach
Even if your motorcycle accident was caused by someone else, you still need to be able to prove that the person who hit you was negligent in some way for your claim to be successful. Insurance companies are for-profit businesses, and the at-fault party’s insurance company is likely to challenge your claim, particularly if you suffered severe losses. To craft an ironclad case, you must establish all four elements of negligence:
- First, you must show that the at-fault party had a duty of care to protect others from being harmed by operating their vehicle in a safe manner.
- Second, you need to present evidence demonstrating that the at-fault party breached their duty of care. For example, if a drunk driver collided with you while you were riding your motorcycle, you could use the results of their BAC (blood alcohol concentration) test or field sobriety test to show that they were intoxicated at the time of the accident. Impaired driving is a clear breach of a motorist’s obligation to prevent you from being injured.
- Third, you need to show causation. You must directly link the at-fault party’s actions to the accident and the accident to your subsequent injuries.
- Finally, you’ll need to prove that you suffered compensable losses because of the motorist’s behavior.
Because motorcycle accidents often lead to devastating injuries, you could be facing steep medical costs, and if you aren’t able to work, you won’t have an income with which to pay your bills. You could quickly begin falling into medical debt.
That’s why it is crucial to hire a seasoned motorcycle accident lawyer to handle your case. The lawyers at The Motorcycle Injury Attorneys are committed to helping motorcycle accident victims just like you craft a robust case for compensation. We have the resources to thoroughly investigate the cause of the accident, establish negligence, determine the total value of your claim, and gather evidence to support your version of events. We will also negotiate a settlement on your behalf and represent you in court if needed.
Statute of Limitations on Motorcycle Accident Lawsuits in Virginia
Many motorcycle accident claims settle during the claims process. In that case, it is not necessary to sue the at-fault party. However, if settlement negotiations fail, then going through the courts might be the best option available to you.
Virginia’s statute of limitations allows two years to file a personal injury lawsuit. This means that if you plan to bring a motorcycle accident lawsuit against the at-fault party, you must do it within two years of the date of the motorcycle accident. If the statutory period passes before you take legal action, then the court will most likely dismiss your case. You will then have no choice but to accept whatever settlement the insurance company is willing to offer, even if it’s less than you deserve.
Compensation for a Motorcycle Crash in Virginia Beach
Through an insurance claim or lawsuit, you can seek compensatory damages from the negligent party. There are two main types of compensatory damages: money to cover financial losses (expenses you incurred due to the accident) and money for non-financial losses (intangible losses you suffered).
You might be eligible for compensation for the following:
- Medical expenses
- Rehabilitative care costs
- Lost income to replace earnings you would have made while recovering
- Reduced future earning capacity if the motorcycle accident left you permanently disabled and unable to carry out your normal vocational duties
- Property damage, such as damage to your motorcycle
- Pain and suffering
- Emotional distress and mental anguish
- PTSD, depression, anxiety, and other mental health issues caused by the accident
- Loss of enjoyment of life
It’s important to note that Virginia is a “pure contributory negligence” state. This means that, in Virginia, if you are found to be partially liable for the accident, you will be barred from recovering any compensation from the at-fault party. Even if you are only ten percent to blame, and the other party is 90 percent to blame, you still won’t be able to recover compensation.
Contact a Virginia Beach Motorcycle Accident Attorney
Were you injured in a motorcycle accident in Virginia Beach that wasn’t your fault? If so, contact the Motorcycle Injury Attorneys at 757-383-6848 or send an email to mike@deeringhedrick.com to set up a free consultation.
