Motorcycle accidents can be devastating, often resulting in severe injuries, extensive property damage, and even fatalities. When you experience injuries and damages from a motorcycle crash, you must understand your legal rights and options for seeking compensation. A Roanoke motorcycle accident lawyer can guide you through the steps of the legal process and fight for possible justice.
The effects of a motorcycle crash are challenging, especially when dealing with physical pain, emotional trauma, and financial strain. Working with a Roanoke personal injury lawyer specializing in motorcycle accident cases can make all the difference in securing a fair settlement to cover your medical bills, lost wages, and other damages.
MartinWren, P.C. attorneys were acknowledged by Virginia Lawyers Weekly in 2024 for securing three of the top fourteen verdicts throughout 2023.
Statistics of Motorcycle Accidents in Virginia
In 2022, there were 2,053 motorcycle crashes in the state, according to the DMV Virginia Traffic Crash Facts. This represents 1.7% of all traffic crashes in the state. These motorcycle accidents resulted in 113 fatal crashes, 1,573 injury crashes, and 367 property damage crashes.
Out of the 1,005 total traffic fatalities in Virginia in 2022, 111 were motorcycle riders, accounting for 11% of all traffic deaths, as mentioned by the above DMV. 108 motorcycle drivers and 3 motorcycle passengers lost their lives. Additionally, 1,677 motorcycle riders were injured, 2.8% of the 59,404 traffic injuries. This included 1,590 motorcycle drivers and 87 passengers who were hurt in crashes.
Looking at serious injuries, motorcycle riders represented a disproportionately high percentage compared to all traffic accidents. 762 motorcycle riders were seriously injured, making up 10.7% of the 7,137 total serious traffic injuries in Virginia. This included 720 motorcycle drivers and 42 passengers who suffered major injuries in these crashes.
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The Impact of Virginia’s Laws on Motorcycle Accidents
Virginia follows a traditional “fault” system when it comes to motor vehicle accidents, including those involving motorcycles. This means the party who caused the crash, usually through negligence or recklessness, is responsible for compensating the victims. However, Virginia also applies a harsh rule known as contributory negligence.
Under contributory negligence, if an injured motorcyclist is found even 1% at fault for the accident, they may lose the ability to recover any compensation at all. Insurance companies often try to use this rule to deny claims by shifting blame onto the motorcyclist. Having a motorcycle accident attorney in Roanoke on your side is essential for countering these tactics and proving the other party’s liability.
Virginia law requires motorcyclists to wear helmets and eye protection, have a Class M driver’s license or motorcycle endorsement, and obtain minimum liability insurance coverage. Failure to comply with these regulations could negatively impact your injury claim. Your lawyer can assess whether any non-compliance issues may affect your case and develop strategies to overcome them.
Common Types of Motorcycle Injuries
Motorcyclists are particularly vulnerable in crashes due to the lack of protection compared to occupants of passenger vehicles. When accidents occur, riders often suffer severe and life-altering injuries that require extensive medical treatment and long-term care.
The specific injuries sustained in a motorcycle crash can vary widely depending on factors such as speed, point of impact, and whether the rider was wearing proper safety gear, several types of injuries are seen with alarming frequency. Some of the most frequently seen injuries in motorcycle accidents include:
- Traumatic brain injuries (TBI) and concussions
- Spinal cord damage and paralysis
- Broken bones and fractures
- Road rash and lacerations
- Internal organ damage
In the most tragic cases, motorcyclists may suffer catastrophic injuries that permanently alter their lives, or they may lose their lives entirely. The financial burden of medical bills, lost income, and other accident-related expenses can quickly become overwhelming for riders and their families. It is important to understand motorcycle safety and your legal rights when it comes to the injuries you endure.
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What to Do When the Other Party Won’t Take Fault
One of the most frustrating aspects of a motorcycle accident claim is when the at-fault party refuses to accept responsibility. They may try to blame you for the crash or downplay the extent of your injuries. In these situations, having compelling evidence and expert support is crucial.
A motorcycle accident lawyer in Roanoke will thoroughly investigate the crash to make sure you can potentially get the best outcome. This involves gathering police reports, witness statements, photos, surveillance footage, and more to build a strong case on your behalf. They may also bring in accident reconstruction specialists, medical experts, and other professionals to provide testimony supporting your claim.
If the insurance company still denies liability or offers an unfair settlement, your attorney can file a lawsuit and take your case to trial. Having a litigator in your corner shows the other side you’re serious about defending your rights. This can increase your leverage in negotiations.
Possible Forms of Compensation
A Roanoke motorcycle accident lawyer can assess the full impact of the crash on your physical, emotional, and financial well-being to pursue the maximum compensation you deserve. While every case is unique, there are several common types of damages that may be available. Some possible types of compensation are:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
In cases of extreme negligence or intentional wrongdoing, you might also be awarded punitive damages. These serve to punish the at-fault party and deter others from similar misconduct. Your attorney will evaluate your unique circumstances to determine the full value of your claim.
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Let a Roanoke Motorcycle Accident Attorney Help You
If you’ve been hurt in a motorcycle accident in the Roanoke area, don’t put off seeking justice. The sooner you have an advocate working on your behalf, the better your chances of securing fair compensation. Roanoke motorcycle accident lawyer at Martin Wren Law, we are here to walk you through each step and look forward to your free consultation.
Call 434-817-3100 or complete a Case Evaluation form