All drivers assume a duty to provide protection to everyone they encounter while on the road, including motorcyclists. As a result, motorists must drive in a careful way that does not place others at risk of harm. When they fail to do so, they may be required to compensate victims for any resulting injuries.
If you were hurt in a motorcycle accident, a seasoned personal injury attorney may be able to fight for your interests. A Richmond motorcycle accident lawyer can obtain vital evidence needed to demonstrate a defendant’s negligence and leverage that evidence into a claim for appropriate compensation.
A motorcycle accident can have a permanent impact on a person’s life. Common injuries in motorbike crashes can include:
However, the effect of a motorcycle accident often goes beyond mere physical injuries. A fair personal injury claim should cover the full extent of a victim’s losses. As a result, it is essential to evaluate the total impact of the incident on a rider’s life, beyond medical expenses alone.
One alternative source of compensation is lost earnings. If a rider misses time at work to seek medical treatment, this is a compensable loss. In addition, if an accident is so catastrophic as to inflict a permanent disability, a claim should estimate the victim’s lost earning potential.
Another source of compensation is mental anguish. Many of the injuries resulting from motorcycle accidents are highly painful. In addition, victims are often burdened with a serious loss of emotional wellbeing. A Richmond motorcycle accident attorney could help plaintiffs to identify all of their losses and pursue a case for their full value.
To recover compensation following a motorcycle accident, it is necessary to prove that a defendant was negligent. This means that they operated their vehicle in such a careless way to put others at risk of physical harm. A negligence case does not require the two vehicles to make contact but does require a plaintiff to prove that a defendant was directly responsible for the accident.
Many cases rely on police reports showing that the attending officer issued the defendant a ticket. Indeed, the presence of a ticket on a report and a subsequent guilty plea in traffic court can constitute evidence of negligence per se (negligence as a matter of law).
However, plaintiffs in Richmond motorcycle accident cases need to be cautious, as Virginia has the common law doctrine of contributory negligence, which means that if a jury believes that a biker is even one percent to blame for an incident, the jury must find for the defendant. Consequently, it is essential to present a powerful case during all settlement talks to convince insurance companies of their client’s fault. A motorcycle crash lawyer in Richmond can help to collect the required evidence and to present it in a way that names a defendant as the sole responsible party after an accident.
Motorcycle accidents have the potential to leave your life in chaos. In addition to physical injuries, the accident may leave you in severe financial trouble and with a significant loss in the quality of your life. This can combine to demoralize and intimidate many bikers away from filing a claim for the damages that they deserve.
Thankfully, a Richmond motorcycle accident lawyer can help. They could work to protect your legal rights while building a case for compensation against negligent drivers and their insurance companies. They could also help to meet the Commonwealth’s strict statute of limitations. Virginia Code § 8.01-243 gives you only two years from the date of the accident to file a lawsuit for personal injuries. Contact a law firm today to discuss your case.