Virginia Motorcycle Accident Lawyers
If you were hurt in a motorcycle accident and believe another driver is 100% at fault for the accident, you may have grounds for an accident and personal injury lawsuit that can compensate you for your damages. Virginia law allows for compensation to be recovered when another driver is at fault for an accident, but there are considerations as to whether or not you have grounds for a lawsuit. Our Virginia motorcycle accident lawyers can determine if you have a claim and help you pursue compensation.
Fault in Virginia Accidents
Virginia is one of several states that require fault or liability to be 100% on the other party if you wish to recover damages after an accident. If you could be determined to be even 1% responsible—making the other party only 99% at fault for the crash, you may not have a case. An experienced motorcycle accident lawyer knows how to evaluate and gather all the evidence related to your accident to determine who is at fault and what percentage of negligence each party holds.
The lawyer’s job in a motorcycle accident case is to prove that you were relying on the “duty of care” or responsibility the other driver had to drive safely and then prove that their violation of that care caused the accident.
After an accident, the insurance company may try to quickly wrap up a case by determining their insured driver was not completely at fault. They may offer you a settlement amount to try to prevent you from talking to a lawyer and filing a personal injury and accident lawsuit. The goal of an insurance adjuster is to close a claim with the company owing as little as possible. This is why it’s important to stick to discussing only the facts of the case with an adjuster and to seek legal counsel as soon as possible after an accident.
Evidence in a Personal Injury Case
A Virginia personal injury lawyer with experience in motorcycle crashes knows how to gather evidence and talk to witnesses to build a case for your lawsuit. Evidence in a motorcycle accident case can include:
- Weather reports for the day of the crash
- Police reports, diagrams, and other evidence
- Expert testimony, such as from accident reconstruction specialists
- Witness statements
- Recovery of camera footage from street cams or homeowner cameras
- Road or street condition documentation
- Photographs and/or video from the day of the accident and/or of the crash site
- Depositions or statements from the other driver
- Data recovered from on-board computer systems in vehicles involved in the crash
Types of Damages You Can Recover
If you have been hurt in a motorcycle accident, you may be able to recover costs related to your medical treatments along with the cost of repairing your bike from the other party’s insurance company. Costs related to your accident, called “damages,” and a lawsuit to recover those costs can include seeking compensation for:
- Current and future medical expenses, such as emergency room visits, visits with medical personnel, medical equipment, surgery, therapy, and other medical treatments.
- Loss of wages from work due to your injury, including the day of the crash and subsequent days missed for medical treatments, doctor appointments, physical therapy, diminished abilities to perform your job duties, and missed work due to the pain of your injuries.
- Costs related to pain and suffering as a result of the injuries from your motorcycle accident, including compensation for loss of spousal privileges (the ability to be intimate with your spouse).
- Costs to repair or replace your motorcycle.
It’s essential to understand how Virginia law works in these types of accidents to determine fault and recover expenses. An experienced lawyer knows Virginia law inside and out when it comes to vehicle accidents, has experience handling cases like yours, and has the passion to fight for the compensation you’re entitled to under the law when you or your loved one has been the victim of a motorcycle accident.