Motorcycle accidents can have life-altering effects for victims and their families. Lost wages, medical expenses, repairs and more can present devastating financial obstacles that many victims are unable to Contacting a licensed attorney can be an important step to take as you look to recover.
The attorneys at Geoff McDonald and Associates have recovered over $400 million on behalf of personal injury victims throughout Virginia for over 25 years. Our founder, Geoff McDonald, is a member of the National Trial Lawyers – Top 100, which features the premier trial lawyers from each state.
We offer a no-cost initial evaluation. You will not be obligated to let us represent you and you will not be charged any legal fees unless we win compensation for your case.
Contact a licensed Richmond motorcycle accident attorney at Geoff McDonald and Associates and learn more about the legal options that may be available to you.
Free Consultation. Local Ph: 866-369-9051
How Do I Know if I Have a Case?
Many serious motorcycle accidents are caused by the negligence of other drivers. Negligence has four parts that must be proven by your attorney for you to be able to recover compensation:
- Duty of care was owed – You must prove that the at-fault party owed you a duty to take steps to prevent you from getting hurt. For instance, every driver is legally obligated to follow traffic laws as another reasonable person would.
- Breached duty of care – When a driver fails to uphold his or her duty of care, others on the road could be in danger.
- Causal link – You must prove your injury was directly caused by the breach of the duty of care.
- Damages were created – You must have proof of your damages, such as medical bills and bills for repairing your motorcycle.
Our Richmond motorcycle accident attorneys offer a free consultation to review your accident and determine if the four elements of negligence may have been present.
What Happens if I am Partially at Fault?
Unfortunately, you cannot recover any compensation if you are even one percent at fault for the accident. This is because of Virginia’s contributory negligence law. Virginia is one of only a few states in the nation that has this type of harsh law.
However, sometimes accident victims assume they are partially at fault when that is not the case. It is important to discuss the situation with a licensed attorney to find out if you may still have legal options.
Geoff McDonald and Associates: 866-369-9051
How Much Compensation Can I Recover?
Our attorneys have detailed knowledge of the damages that often occur in motor vehicle accidents. We are prepared to pursue maximum compensation for all damages suffered in your accident, which may include:
- Past, present and future medical expenses –Our attorneys are prepared to help you recover compensation for any medical expenses for treating your injuries, such as bills for surgery, stays in the hospital, appointments with doctors, physical therapy and prescription medications.
- Lost wages – Many motorcycle accident injuries force victims to miss time from work while they are recovering and receiving medical treatment.
- Loss of earning capacity – When a motorcycle accident injury is so severe that the victim cannot return to work in the same capacity as before, he or she may be able to receive compensation for loss of earning capacity.
- Pain and suffering – Motorcycle accident victims can also receive compensation for any physical pain and suffering sustained because of the accident. This includes mental anguish and psychological or emotional trauma.
- Punitive damages – Although this type of compensation is rarely awarded, if the negligence that caused your accident was particularly severe or it was intentional, punitive damages may be available. These damages serve as punishment for the at-fault party.
If you have a valid motorcycle accident claim, we are prepared to pursue maximum compensation for your damages.
Filing a Motorcycle Accident Insurance Claim
In Virginia, at-fault drivers are liable for the damages that result from a motor vehicle accident. That is why motorists, including motorcycle riders, are required to purchase liability insurance. The minimum required amounts are:
- $20,000 for property damage
- $25,000 for bodily injury or death, per person
- $50,000 bodily injury or death, per accident
When you purchase insurance, it must also include uninsured/underinsured motorist coverage. The only reason you would not have this coverage is if you specifically rejected it.
This coverage provides compensation if you are injured in a crash with a driver who does not have insurance or lacks enough liability insurance to cover the full cost of your damages. The minimum coverage is $20,000 for property damage and $25,000 per person/$50,000 per accident in liability coverage.
Our Richmond motorcycle accident attorneys are prepared to review the insurance coverage that may be available for your claim. We know how to protect the full value of a claim from insurers looking to pay out the least amount possible.
Find out how we may be able to assist you. Call us at 866-369-9051 anytime 24/7.
When Do I Have to File a Claim By?
Most personal injury cases in Virginia must be filed within two years after the date of the accident, however, there may be extenuating circumstances for your claim. For example, if your claim is against a government entity, you must provide written notice within one year. There may be other exceptions as well, but if your claim is not submitted before the appropriate deadline, it is likely to be dismissed in court.
Can I Be Compensated for a No-Contact Accident?
These are accidents where there is no collision with another vehicle. These are often caused by mechanical failure or a dangerous condition on the road.
Although it can be difficult to prove these accidents resulted from negligence, you may still be able to seek financial compensation, such as from a product manufacturer or government entity that was responsible for maintaining the road where the crash occurred. Our lawyers have access to industry experts who may be able to help us validate your claim.
Can I File a Claim if I was not Wearing a Helmet?
You may still be able to pursue compensation if you were not wearing a helmet. However, this is a complex issue that you should review with a licensed Richmond motorcycle accident lawyer.
Under state law, all motorcycle drivers and passengers must wear helmets. However, this same statute says not wearing a helmet cannot be used on its own to prove a rider’s negligence.
Schedule a free consultation to discuss your claim. Call (866) 369-9051.
How Can a Motorcycle Lawyer Help My Case?
Motorcycle accident victims who decide to hire an experienced motorcycle accident lawyer tend to recover larger compensation awards compared to those who do not.
If your claim is validated during your free case evaluation, there are several things our attorneys are prepared to do to build a strong case, including:
- Collecting evidence – This includes collecting the police report on the crash, medical documentation that can help prove the cause for your injuries, along with pictures from the scene, witness statements and any available video footage.
- Interviewing witnesses – Our lawyers know what questions to ask witnesses to help us gather vital evidence. We also have access to industry experts who can help us determine the extent of your injuries and other damages, along with the cause of the crash.
- Negotiating with insurance adjusters – Insurance adjusters will most likely contact you after your motorcycle accident to try to get you to quickly settle or trick you into saying something that invalidates your claim or lowers its value. For example, if you tell them your injury is feeling better, they may try to use this against you. Our lawyers know how to speak to insurance adjusters and protect the value of your claim.
- Preparing for trial – Most personal injury claims are settled before going to trial. At Geoff McDonald & Associates, we are prepared to go to trial when necessary to pursue maximum compensation.
Common Causes for Motorcycle Accidents
There are many reasons motorcycle accidents occur and they are often due to another driver’s negligence. Common examples of negligence include:
- Distracted driving
- Driving while drunk
- Turning in front of oncoming traffic
- Failure to yield the right of way
- Driving under the influence of drugs
- Failing to signal when switching lanes
- Not checking blind spots before changing lanes
No matter the cause for your motorcycle accident, you may be eligible to receive compensation.
Contact a Richmond Motorcycle Accident Lawyer Today
If you were injured in a motorcycle accident, you may be eligible for financial compensation. The experienced legal team at Geoff McDonald and Associates is prepared to review the details of your claim in a free consultation.
For over two decades, our law firm has been helping personal injury victims throughout the state of Virginia, including Eastern Shore, Chesapeake Bay, Blue Ridge Highlands, Hampton Roads, Shenandoah Valley and Heart of the Appalachia areas.
Our main office is located in Richmond at 8720 Stony Point Parkway, Suite #250, which is just down the road from Virginia iSpine Physicians.