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 Richmond motorcycle accident lawyer can be an important step to take as you look to recover.
If you’re involved in a motorcycle accident, you can suffer severe injuries requiring hospitalization, time away from work, and major expenses. Don’t settle for less than maximum compensation.Â
At Geoff McDonald & Associates, we have over 25 years of experience in Richmond accident litigation, securing over $400 million on behalf of our clients in personal injury claims. If you need a highly experienced Richmond motorcycle accident attorney, look no further. Our founder, Geoff McDonald, is a member of the National Trial Lawyers – Top 100, which features the premier trial lawyers from each state.
We charge no legal fees on our motorcycle accident legal services unless your case wins. Request a free consultation today for your motorcycle crash representation.
Free Consultation. Local Ph: 804-888-8888
Common Causes of Motorcycle Crashes in Richmond, Virginia
Over 1 million people live in the Richmond metropolitan area, leading to dense traffic and dangerous driving conditions, particularly for motorcyclists. Accidents can happen for many reasons with negligent drivers on the road. Common examples of negligent driving in Richmond, Virginia, include the following:
- Impaired driving
- Distracted driving
- Speeding
- Tailgating
- Running through red lights or stop signs
- Failing to signal before switching lanes
- Failing to check blind spots before switching lanes
Understanding How Fault Works in Richmond Motorcycle Accidents
If you’re hit by a negligent driver on your motorcycle in Richmond, you may think liability is obvious, but insurers often disagree. To recover any amount of compensation for your injury claim, your Richmond motorcycle accident attorney must be able to prove negligence by proving these four components:
- A duty of care was owed.
- The liable party breached that duty of care.
- That breach in care directly caused the accident.Â
- The accident directly caused your damages.Â
For example, if you were hit by a drunk driver, your Virginia accident attorney would gather evidence to prove (1) impaired driving laws in Virginia, (2) the driver’s blood alcohol content, (3) the details of the collision, and (4) the cause of your injuries. Insurance agents frequently argue many components of negligence, so you must work with a highly trained Richmond personal injury lawyer to protect your rights.Â
How Virginia’s Contributory Negligence Law Impacts Motorcycle Claims
Virginia follows contributory negligence law, meaning you cannot recover any compensation if you’re found partially liable. For example, if you’re hit by a drunk driver, but you were also speeding, you could assume some liability. Because of this harsh law, you must seek professional legal support to navigate your case.Â
Types of Compensation You Can Recover After an Accident in Virginia
You can recover numerous types of compensation in motorcycle injury claims, especially when working with our experienced legal advisors. Compensation can cover:
- Medical expenses
- Lost wages
- Losses in your future earning capacity
- Pain and suffering
- Punitive damages
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: 804-888-8888
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 804-888-8888 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 804-888-8888.
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.
Choose a Richmond Motorcycle Accident Lawyer Who Will Advocate for Your Rights
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.
Motorcycle Accident FAQs
Do I Still Have a Case If I Wasn’t Wearing a Helmet?
Yes, you may still have a case even if you weren’t wearing a helmet in your motorcycle crash. Virginia requires riders to wear a helmet, but breaking this law cannot prove a rider’s negligence unless other missteps were taken. The helmet law introduces numerous case complexities, so you must work with an experienced legal team.Â
Can I File a Claim Even If No One Hit Me?
Yes, you can file claims in single-vehicle crashes due to negligent actions like dangerous road conditions, vehicle malfunctions, and more.Â
How Long Do I Have To File a Motorcycle Claim in Virginia?
You have two years to file your motorcycle claim in Virginia unless your case falls under the umbrella of extenuating circumstances.