Gainesville Motorcycle Accident Lawyers Helping Clients Recover Compensation After Property Damage or Injury
When temperatures rise, the number of motorcycles on the roadways also increases as many riders enjoy the good weather and freedom that a motorcycle brings. But without the safety measures found in other vehicles (such as seatbelts, airbags, and other protective features), an accident involving a motorcycle can usually result in severe injuries or fatalities, especially when drivers are distracted and fail to yield to bikes.
The Johnson Law Firm, PC, handles many cases of clients seeking compensation for their motorcycle accident and assists riders throughout the Gainesville, VA area to protect their rights in case they have been injured due to another driver’s reckless or negligent actions. Let’s take look at a few important answers to questions you may have after an accident.
Who is Responsible for My Motorcycle Accident?
Motorcycle riders are at a greater risk of getting involved in an accident with significant injuries than passenger vehicles and other larger vehicles. Common factors that cause motorbike accidents can be linked to other driver’s actions, road conditions, equipment malfunction, and the motorcyclist’s own actions. This is important to understand because it may greatly affect a victim’s probability of receiving compensation.
If the accident was caused by another driver who, for instance, failed to see the motorcycle during a left turn and caused the bike to crash laterally into the car, the victim may be eligible for compensation if they can prove the accident happened due to a negligent driver making a left turn. The same applies to an accident caused by a mechanical defect that can be linked to a manufacturing problem. However, if the motorcyclist contributed in any way to the accident by engaging in actions such as speeding or making unsafe lane changes (for example), state laws will not allow for any compensation to be claimed.
Unlike most at-fault states, Virginia has a variation of the contributory negligence rule called “pure contributory negligence”. In cases where the victim is determined to have a small percentage of fault for the accident, the state rule does not allow for that victim to receive any compensation – whoever caused the accident must be 100% to blame for it. For that reason, it is important to correctly determine who might be responsible for your accident and whether you are partially at fault for it or not, as this greatly affects your eligibility to claim compensation.
What is My Motorcycle Accident Case Worth?
Assuming that your accident was caused by the negligent or reckless actions of another driver or by external factors such as mechanical failure due to manufacturing defects, the next thing a motorcycle accident attorney would examine is the severity and extent of your injuries, including the degree of current and future medical care required. As one may expect, the more severe the injuries, the higher your requested payout will be. Your attorney will fight to make sure that if your case is won, you are offered a fair settlement amount that covers both economic and non-economic damages.
Economic damages are tangible, measurable expenses and damages such as medical bills, property damage (if your motorcycle requires repairs or a full replacement if totalled), loss of income and loss of earning ability, to name a few. Your attorney may also include non-economic damages in your claim. Those are personal, non-measurable damages that are highly subjective, including pain, suffering, loss of life enjoyment, mental anguish and emotional distress. Because each case is different, there isn’t an accurate way of estimating how much compensation you may receive – if any. Consulting with a personal injury attorney is a smart move to get a better approximation of how much your case may be worth.
How Much Time Do I Have to File a Motorcycle Accident Claim in Virginia?
Virginia has a statute of limitations of 2 years for personal injury claims. That means the clock starts ticking on the day your accident takes place, and your ability to file a claim expires exactly 2 years later. There are a lot of moving parts to a motorcycle accident claim, and because of that, it is fundamental to consult a personal injury attorney as soon as you can. Your attorney will not only be able to conduct their own investigation while the accident is still fresh in everyone’s minds but also will have enough time to gather evidence and confidently build a complete claim that will maximize your chances of being paid for your injuries.
How Can an Attorney Help After an Accident?
In the wake of an accident, there is so much to consider—financially, personally, physically and psychologically. We offer answers and provide skilled guidance to our clients. The Johnson Law Firm, PC has a legal team that is passionate about helping Gainesville, VA riders and their families recoup fair compensation for their accident. Contact us at (703) 884-8003 for a consultation to see if you are eligible for a claim.