You may ride your motorcycle and follow the rules of the road. If a motorist is negligent and crashes their vehicle into you and your bike, you may want to consult with a Staunton personal injury lawyer. From here, a Staunton motorcycle accident lawyer may help you pursue damages from the liable driver.
Personal injury attorneys at MartinWren, P.C. were responsible for three of the 14 largest verdicts in Virginia in 2023, according to Virginia Lawyers Weekly. Let us help you rebuild your life after your accident. Contact us today.
Motorcycle Laws in Virginia
There are rules in place for motorcycles, mopeds, and all-terrain vehicles. For example, motorcyclists must ride with a helmet. They must also make sure that their bikes have a working headlight, horn, and rearview mirror.
It is a motorcyclist’s responsibility to comply with local regulations. Failure to do so can put a rider in danger. Much in the same vein, a motorist must share the roads with motorcyclists — if they do not, they may cause accidents.
You may get hurt in a motorcycle accident due to no fault of your own. At this point, it may be beneficial to discuss the incident with a Staunton motorcycle accident attorney from MartinWren, P.C. To learn more, reach out to us.
For a free legal consultation with a motorcycle accident lawyer serving Staunton, call 434-817-3100
What to Do After a Motorcycle Accident
In the moments after your accident, it may be beneficial to call 911. This will bring medical personnel and police officers to the scene. Medical professionals can treat you and anyone else who may be hurt, and police officers can collect information that they can use to prepare an accident report.
You may believe you are not actually hurt after your accident, but it may still be a good idea to go to a hospital. This allows a doctor to evaluate you and determine if you are dealing with any injuries. If you are injured, you can receive treatment.
It may be helpful to continue to receive medical care following your accident. Also, you may want to keep track of your medical bills. If you were operating your motorcycle safely and your legal rights were violated, you may be able to work with a lawyer who can help you pursue compensation for these expenses and other accident-related costs.
Who Is Responsible for a Motorcycle Accident
A negligent motorist may be liable for an accident with a motorcyclist. For instance, a driver may miss a rider who is traveling in their blind spot and crash into this motorcyclist while they move from one lane to another. If this happens, the motorist may be responsible for the accident.
There are times when a motorcycle manufacturer, government entity, or other parties are at fault for an accident. A motorcycle accident lawyer in Staunton may help you identify the liable party. Next, they may help you determine the best course of action to seek damages.
You may request compensation from an at-fault party’s insurance company to cover your accident-related losses. Even if you do, this insurer may do whatever it can to avoid paying you damages. With help from an attorney, you may be able to strengthen your motorcycle accident claim, negotiate with a liable party and their insurer, and get the most compensation possible.
Staunton Motorcycle Accident Lawyer Near Me 434-817-3100
When to File a Motorcycle Accident Claim
According to Code of Virginia §8.01-243, you may have a maximum of two years from the date of your accident to either settle your claim or file a lawsuit to pursue damages from an at-fault party. There may be even shorter notice periods that require you to provide notice to certain at-fault parties. It may be best to submit a claim for compensation as soon as you can following your accident. If you do not, you may miss your opportunity to ask for compensation from a liable party.
A motorcycle accident attorney in Staunton may help you file your claim. You may request compensation through an at-fault party’s insurance. In a situation where this party does not have insurance or lacks sufficient coverage, you may want to move forward with an injury lawsuit.
You may submit a claim and expect immediate compensation, but the legal process may be long and arduous. Regardless, your attorney will advocate for you and help you build a compelling argument. If your lawyer succeeds, they may have no trouble showing a judge or jury that the defendant in your case was negligent and you deserve to be awarded damages.
Proving Negligence in a Motorcycle Accident Case
When it comes to finding legal help after a motorcycle accident, it pays to partner with a Staunton motorcycle accident lawyer. This allows you to craft an argument that shows the defendant in your case is fully responsible for your accident. To prove fault, you must show the following elements of negligence were present at the time of your accident:
- Duty of Care: An at-fault party had a legal obligation to avoid reckless and careless acts that could put you and others in danger.
- Breach of Duty of Care: The party violated their legal obligation.
- Causation: Because the party acted in a certain way, your accident happened.
- Damages: You are dealing with quantifiable and subjective losses due to the party’s actions.
You may use accident scene videos and photos, witness statements, and other forms of proof to support your case. Each piece of evidence may help you compel a judge or jury to rule in your favor. Your lawyer can help you gather evidence and present it in a way that makes it clear to a judge or jury that you are in no way liable for your accident.
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How Contributory Negligence Applies to a Motorcycle Accident Case
Based on the Code of Virginia §8.01-58, contributory negligence may hurt your chances of getting damages. A judge or jury may say you are partly liable for your accident. If this occurs, you may be ineligible for damages.
Your attorney may focus on finding ways to show the defendant in your case is responsible for your accident. At the same time, they may consider how the defendant will approach your case.
This may allow your motorcycle accident lawyer in Staunton to dispute any claims that the defendant makes against you and improve your chances of getting the compensation you want.
If there are concerns that you may not be able to get full damages, your attorney may encourage you to consider a settlement proposal. If you approve a settlement offer, you may get a portion of the damages you initially requested and avoid a trial. However, if you are not satisfied with a defendant’s settlement proposal, you can reject it, and your Staunton motorcycle accident attorney will continue to help you build your case.
Get Legal Help
You do not have to deal with the aftermath of your motorcycle accident on your own. The Staunton motorcycle accident lawyer at MartinWren, P.C. may be able to help you with your case. To schedule a free case consultation, contact us today.
Call 434-817-3100 or complete a Free Case Evaluation form
