Following a major motorcycle accident, you should get medical help as quickly as you can following a major motorcycle accident. After getting the required medical attention, you must contact your insurance and inform them about the incident.
If you’re uncertain about your insurance following a motorcycle accident in Hampton, VA, speak with an attorney. A motorcycle accident lawyer at Christina Pendleton & Associates will guide you through the legal procedure and will also connect with your insurance provider on your behalf.
Filing A Claim After A Motorcycle Accident
Being examined by a doctor and reporting the accident to the authorities should be your priority. Then, it’s time to initiate the claims process so the insurance provider can start investigating the accident.
You may file a claim against the policy of the party who caused the collision if they have Virginia auto insurance. You may also file a claim with your insurance company if you have the insurance. This would cover your medical costs for the time, regardless of who was to blame.
The concept of finding an at-fault party is prime in any accident case. Depending on the state laws, the liability of accident changes. The compensation distribution is different for an at-fault state than for a state that follows the no-fault rule.
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Who Is Responsible for a Motorcycle Accident?
If you were injured in a motorbike accident in Hampton, VA, and want to sue the other driver, you’ll need to show that the other driver was at fault and that your injuries were severe enough to warrant a settlement. The following can be helpfully responsible for your motorcycle accident:
- Professionals that work on motorcycles and are in charge of the upkeep
- Dealerships selling defective motorcycles that caused the accident
- Those responsible for manufacturing an unsafe motorcycle part
- Accidents caused by other drivers, such as careless car or truck drivers, motorcyclists, or even pedestrians
- Governmental bodies responsible for maintenance and road design
However, you should immediately contact our motorcycle accident attorneys if you were injured in a crash and are unsure of who was responsible. We will assist you in recovering damages for the harm and losses you suffered.
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Damages in a Motorcycle Accident Lawsuit
If your claim is approved, you might be eligible for compensation for any costs you incurred as a consequence of the accident. Typical damages include:
- The medical care cost might be rather high, resulting from an initial emergency department visit to further procedures.
- Injuries sustained in a motorbike collision may cause severe and long-lasting bodily agony. You have the legal right to seek monetary damages for your suffering due to the collision.
- The financial burden of recovering from a motorbike accident might be exacerbated by time lost from work. Without your regular salary, paying for things like medical bills and living costs may be tough. A successful claim may allow you to recoup any lost earnings due to your accident.
- The motorcycle may be a complete loss after an accident. You are eligible for damages to cover the price of fixing or replacing it.
- You have the right to seek compensation if your injuries may cause you to lose future income.
Other than the damages you might be eligible for, it is also important to understand that the compensation depends on the type of fault law a particular state abides by. Virginia follows contributory negligence law.
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Virginia’s Contributory Negligence Law
Most states in the United States apply an “at-fault” standard to auto accidents. Only four states have abandoned the punitive “contributory negligence” approach for auto accidents, and Virginia is one of them.
Contributory negligence is the common law notion that states a person is not entitled to claim any damages if they suffered injuries owing to their fault, even if it is partially. For example, if, at the moment of the collision, the other motorist was speeding and distracted by their phone.
90% of the blame for the collision goes to them. However, the authorities conclude that your decision not to indicate a lane change contributed to the collision by 10%. Under Virginia’s strict contributory negligence law, you would be barred from suing the other driver for damages.
For this rule to apply, the fault must be determined. If you feel you were responsible for the crash in any form, contact a motorcycle accident attorney for legal assistance. We will study the case specifics and work with you to strengthen your case.
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Statute of Limitations for Virginia
Regarding motorcycle accidents in Virginia, you have two years before your case is permanently barred. So if you were injured in a motorcycle accident in Hampton, VA, you should consult with a motorcycle accident lawyer as soon as possible.
The statute of limitations begins on the day of the accident, but in exceptional circumstances, the court may extend this to the day you become aware of your injuries. Nonetheless, it would be best if you didn’t count on the courts to grant you a reprieve since they do so only in exceptional cases.
Consult a Motorcycle Accident Attorney for Legal Representation
A motorbike accident and its repercussions might be quite serious. You may require surgery, a lengthy stay in the hospital, and a lot of time to recuperate. Seeking early legal counsel from a motorcycle accident attorney is essential in this case.
You may be awarded damages to cover medical bills, missed pay, and emotional distress. Our attorneys can help you file an insurance claim against the party or parties responsible if you’ve been injured.
Most injuries are resolved out of court. If you need a lawsuit, you will be better off with a personal injury attorney on your side to counter the insurer’s arguments. To discuss your case, contact us by filling out our online form. We offer a free consultation for the first time.
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