A motorcycle wreck can easily be described as one of the most terrifying accidents that a person could ever encounter on the road. Bikers love motorcycles for the speed and freedom they feel while riding, but speed and a lack of support can be fatal in an accident. Similarly, a lack of legal support can jeopardize your settlement outcome after an accident.
If you or a loved one was injured in a motorcycle accident in Chester, the motorcycle accident lawyers of the Pendleton Law Team may be able to assist you in collecting fair compensation. Our personal injury law firm has been recognized by insurance companies as “Heavy Hitters®” in seeking financial recompense after an accident.
In a free, no-obligation case review, our Virginia personal injury lawyers can assess your claim to see if you qualify for damages. Don’t face recovery or settlement negotiations alone; learn how our firm helps you maximize your settlement payout and avoid common legal mistakes.
The Increasing Amount of Motorcycle Injuries Across Virginia
According to the Virginia Department of Motor Vehicles (DMV), there has been an uptick in motorcycle wrecks since 2019 of over 30%. Most of these accidents vary in causes and injuries but share the commonality that negligence was to blame. The increase in motorcycle crashes throughout our state was commonly caused by:
- Distracted driving: All sorts of motor vehicle accidents, including motorcycle collisions, are frequently caused by distracted driving, such as texting or using a cell phone while operating a motor vehicle.
- Failing to maintain the speed limit: Speeding puts riders in greater danger of losing control of their vehicles and colliding with other objects.
- Splitting lanes: In Virginia, biking between two lanes of stopped or slowly moving traffic is known as “lane splitting.” Lane splitting may lead to catastrophic mishaps and injuries.
- Failing to yield: Drivers can cause serious collisions by failing to yield to motorcycles at intersections or when changing lanes.
- Driving under the influence: Motorcyclists and other drivers on the road are at serious risk from drivers who are impaired by drugs or alcohol.
- Inexperienced cyclists: Inexperienced cyclists are more likely to make errors that could lead to collisions.
These are but a few of Virginia’s frequent reasons for motorcycle accidents. It’s crucial that motorcycle riders take precautions to safeguard themselves, such as donning a helmet and other safety gear, abiding by the law, and riding cautiously.
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Compensation Rights for Motorcycle Victims in Virginia
Personal injury law in Virginia allows victims who were harmed in an accident to seek financial compensation that recovers damages for the following losses:
- Medical bills
- Pain and suffering
- Loss of income or benefits
- Mental anguish
- Disability or paralysis
- Punitive damages
The average motorcycle in Virginia may equate to thousands of dollars or millions of dollars depending on the details of the case, such as injury severity, cause, and the at-fault party’s insurance policy limits. The challenge that lies before each victim is quantifying non-economic damages such as mental anguish and loss of enjoyment in life and convincing the insurance agency to increase your settlement offer.
With the help of a qualified motorcycle collision attorney serving Chester, VA, these tasks will be handled with professional expediency and accuracy. By retaining the legal services of a legal professional, you greatly improve the likelihood of recovering a fair payout.
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Factors That Impact You Collecting a Settlement
Knowing the factors that impair your ability to collect compensation is equally important as knowing what increases your case’s worth. The following reasons shed light on components we’ve seen as attorneys representing Chester motorcycle accidents:
Not Wearing a Helmets
The Centers for Disease Control and Prevention (CDC) reports that helmets can reduce head injuries by up to 69%. Virginia mandates that all riders wear helmets when operating a motorcycle to encourage safe driving and reduce fatalities. If you are caught riding without a helmet, it is deemed a traffic violation and can result in a fine or citation.
If you are in a motorcycle wreck and you are not wearing a helmet at the time, any injuries sustained due to the lack of a helmet may impact your ability to recoup damages. Virginia is a contributory negligence state in which any role that the victim plays in their own harm jeopardizes the ability to claim a settlement. To know if you qualify, you can check with a lawyer.
Missing the Personal Injury Filing Window
Virginia’s filing window is known as the “statute of limitations,” and it enforces an expiring timeframe in which a personal injury victim can come forward to file for compensatory damages regarding their accident injuries. In Virginia, the filing window is two years from the date that the accident occurred.
If you miss this filing timeframe, you may forfeit your ability to collect the compensation you are rightfully entitled to. There are instances in which exceptions are given, but consulting with a personal injury attorney in Chester, VA, is the best course of action to confirm if your situation qualifies.
In order to safeguard your rights and your probability of receiving the compensation you deserve, it’s imperative to take action as soon as you suspect you have a personal injury claim resulting from a motorcycle accident in Chester, VA.
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Guaranteed Ways To Invalidate the Insurance Company’s Lowball Offer
The auto insurance companies don’t want you to know that there are things that you can do to protect yourself from their lowball settlement offers after an auto collision. The following actions will improve your chances of obtaining a fair settlement package:
- Document everything: At the accident scene, take photos, record witness statements, gather contact information, file a detailed police report, and make copies of your medical records.
- Refrain from signing anything: Oftentimes, the insurance agents will send release forms or settlement agreements for you to sign. Don’t accept the first offer or disclose too much regarding your health. Once they have your signature, it may be impossible to amend the agreed-upon terms.
- Seek legal counsel: For personal injury cases, our firm does not require any upfront costs for a consultation or legal services. Retaining a lawyer is a risk-free way of ensuring that you are awarded a fair amount for your losses.
There is no guarantee that the insurance company won’t attempt to make you settle for less. It’s protocol for them to offer below accident value. However, having viable evidence, a strong legal team, and providing limited access to your records will put you in the best position to win your motorcycle accident claim.
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Experience the Advantages of Having an Accident Lawyer Fighting For You
If you were hurt in a Chester motorcycle crash, a Virginia motorcycle accident lawyer from our firm can be beneficial to your case in many ways. The invaluable guidance that you will receive as a client of the Pendleton Law Team will ensure that you can navigate this injury claim process seamlessly. In addition, we hire experts to support your case and solidify your claim.
Contact us, a personal injury law firm that has received positive ratings for the effective manner in which we represent clients and handle cases. If your case is eligible for compensation, you won’t regret reaping the benefits of hiring a Virginia motorcycle injury attorney.
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