Motorcycles are more vulnerable to roadway accidents than cars for a myriad of reasons. Drivers who don’t check their blindspots may find themselves contending with an unexpected motorcyclist, often to dangerous ends. That said, drivers and motorcyclists alike are responsible for one another’s safety.
Unfortunately, even the most diligent of motorists can get into accidents. That’s where Chesapeake motorcycle accident attorneys can help. Christina Pendleton & Associates can help you address your post-accident needs. While you recover from your injuries, our legal team can help you file a complaint.
Understanding Your Rights After a Motorcycle Accident
When you’re on the road, you have an unspoken duty to the people around you. This duty of care requires all drivers to operate their vehicles with one another’s well-being in mind. Each motorist must uphold state roadway laws and strive to protect one another from harm.
Motorists who violate their duty of care can be held liable for a motorcyclist’s losses if their behavior results in an accident. With that in mind, parties who endured a motorcycle accident need to consider what circumstances led to the accident. These circumstances can change how they choose to respond.
Our motorcycle accident attorneys in Chesapeake can break down duty of care in your initial case consultation. If another party can be held liable for your losses, you have the right to pursue financial support. You can work with a lawyer to bring a civil complaint before a judge.
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Motorcycle Accident Compensation Makes Your Life Easier
You face two kinds of losses after a motorcycle accident: economic and non-economic. You can measure the value of your economic losses without doing mathematical gymnastics. These losses can include:
- Vehicle repairs
- Rent on alternative means of transportation
- Accident-related medical expenses
- Physical therapy
Your non-economic losses are more ambiguous. You can discuss your post-accident well-being with our personal injury attorneys. If you feel your ability to recover has waned, you can file for compensation based on that loss.
The Average Motorcycle Accident Settlement
If you wonder how much your case might be worth, know that there’s no such thing as an average motorcycle accident settlement. The circumstances of your accident are distinct. As a result, your losses are going to be unique. That kind of specificity makes an average settlement difficult to pin down.
That said, people injured in a motorcycle accident can reference the same blueprint when calculating their compensation. Don’t be afraid to refer to previous motorcycle accident cases in Chesapeake. When you cite these cases, you can use a court’s previous rulings to fight for your financial support.
You can also bring previous cases into independent settlement discussions. If you’re offered out-of-court compensation, discuss your offer with a legal team. When you reference your expenses and legal precedent, you’ll have a better chance of getting the support you need.
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What to Expect When Filing a Motorcycle Accident Complaint
If you want legal support while requesting motorcycle accident compensation, you need to file a complaint. Motorcycle accident complaints exist to provide courts with more information about your circumstances. This includes the details of your losses and a party’s alleged liability.
Both you and a motorcycle accident lawyer in Chesapeake can use this document to present evidence of driver negligence and your financial losses.
Understanding Motorcycle Accident Liability
Liability rests at the heart of your motorcycle accident complaint. If you don’t have a liable party in such an accident, there’s no one you can hold accountable for your losses. There are a few different parties you can bring to court after an accident.
For example, motorists tend to find themselves involved in motorcycle accident suits more often than most parties. However, the roadway conditions may also have contributed to your losses. If this is the case, you can take construction teams or even government officials to court. Other liable parties can include the motorcycle’s manufacturer or a local mechanic.
You’ll want to be careful when naming the party you wish to hold liable for your losses, though. Virginia’s contributory negligence statute, outlined in Code of Virginia § 8.01-58, can block you from compensation. If a court believes you contributed to any percentage of the losses in your accident, this statute will bar you from pursuing financial support, regardless of extenuating circumstances.
Working With a Contingency-Based Law Firm
Don’t let concerns about legal fees keep you from post-accident compensation. Our Chesapeake motorcycle accident attorneys are on your side. The team with Christina Pendleton & Associates specifically operates on contingency.
A contingency-fee agreement means that you and your loved ones will bear no responsibility for your legal fees unless the firm wins your case. Even then, our personal injury firm only requests a percentage of your compensation as payment. This way, you won’t have to endure additional financial strain.
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Filing Within Virginia’s Statute of Limitations
Code of Virginia § 8.01-243 notes that all parties who want motorcycle accident compensation have two years in which to bring their complaints to a judge. That two year period begins on the day your accident takes place.
Note that filing a complaint within this time block does not mean that you’ll find yourself involved in a hearing. Rather, by filing a complaint by your assigned deadline, you’ll have the opportunity to have legal professionals weigh in on your losses. You can still come to a settlement agreement outside of court, depending on the circumstances of your accident and the wants of the liable party.
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Chesapeake Motorcycle Accident Lawyers Can Work for You
You have the opportunity to recover compensation from your most recent motorcycle accident. For more information about your legal options, you can get in touch with a Chesapeake motorcycle accident attorney.
The Christina Pendleton & Associates team has the experience to help you file a legal complaint. Call our office or use our online contact form to schedule your first case consultation.
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