Motorcyclists are more vulnerable to damage than other vehicles on the road. That’s why safety gear, including helmets and specialized boots, are part and parcel of a cyclist’s wardrobe. No matter how careful a cyclist is, though, a negligent driver can cause them serious injury.
Virginia’s motorcycle accidents can result in significant injuries and property damage for all parties involved. That said, motorcyclists shouldn’t be punished for a motorist’s bad behavior. If you’ve been injured in a motorcycle accident, Virginia gives you the right to pursue financial support.
Our motorcycle accident lawyers in Newport News can fight for support on your behalf. To begin collecting information for your accident case, call on the team with Christina Pendleton & Associates.
Your Motorcycle Accident Losses
It’s difficult to overstate how a motorcycle accident can financially devastate a family. Immediately following an accident, you may have to balance medical bills, property loss, and lost opportunities to work. Other damages can include:
- Upcoming surgeries
- Mobility aids
- Pain medication
- Pain and suffering
- Disability
- Wrongful death and funeral expenses
While your insurance can help you contend with the worst of these losses, you can pursue compensation through Virginia’s civil court. Work with a Newport News, VA, motorcycle accident attorney to calculate the extent of your losses, and you’ll have a good estimate of the compensation to which you may be entitled.
If you’re concerned that your estimate may not cover all your needs, let us know. We can work with you to see how you might increase your personal injury settlement.
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Bringing Your Motorcycle Accident Concerns to Court
Submitting a motorcycle accident complaint helps you bring your concerns to the attention of an area judge. Of course, your case may not go to trial. Even so, submitting the appropriate paperwork helps you get the legal backing you need to fight for compensation.
That said, you do have a limited amount of time to bring your concerns forward. Code of Virginia §8.01-243 gives you two years to act on your losses. If you don’t submit a complaint within that time period, there’s a chance that you may not receive the financial support you need.
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Contingency-Based Work Benefits You
You don’t have to let any concerns about the cost of legal fees prevent you from seeking out financial support. Our Newport News motorcycle accident attorneys can be there for you.
More specifically, the team with Christina Pendleton & Associates operates on contingency. This makes it easier for you to maintain control of your finances during a civil case. We’ll only request payment for our service after winning your case. Even then, you can work with our representatives ahead of time to determine what your fees may look like.
Holding Motorists Accountable After an Accident
The question of liability can seem relatively straightforward in some motorcycle accidents. However, the person behind the wheel of a car isn’t always to blame for your losses. Rather, a personal injury attorney knows that determining liability may be a matter of establishing duty of care.
Understanding Duty of Care Around Motorcyclists
Duty of care is not a specific piece of legislation. Rather, it is a concept. Drivers and cyclists who take to the road need to be careful around one another to prevent accidents. This means following the rules of the road. It also means acting in ways that can reasonably keep others from harm.
Drivers who fail to protect others or deliberately violate roadway laws can be accused of neglecting their duty of care. Both negligence and deliberate recklessness can result in serious accidents, especially if there are motorcyclists on the road.
In civil cases, duty of care evolves into something that the prosecution has to prove. If you establish a duty of care, evidence of a violation, and a correlation between your losses and that breach of duty, you have a better chance of proving liability.
Liability in a Motorcycle Accident
Motorists aren’t the only ones who have to uphold a duty of care. Mechanics, manufacturers, and even government officials are responsible for ensuring the safety of everyone they work with. If these parties make mistakes, they may be liable for your motorcycle accident losses.
That said, proving liability isn’t always easy. To begin your case, you can turn to our motorcycle accident attorneys in Newport News. We can assess the scene of your accident for the elements that may have contributed to your losses.
At the same time, attorneys can interview bystanders, call in professional witnesses, and refer back to older cases for precedent. The more information you have on hand, the easier it will be for you to direct your complaint to the appropriate liable party.
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Contributory Negligence Impacts Your Compensation
Unfortunately for some motorists, there are rulings in Virginia that make it difficult to pursue financial support. Motorcyclists involved in a roadway accident will have their behavior assessed for contributory negligence.
If Virginia courts believe that a cyclist contributed any percentage of fault to the accident they wish to file for, their claim will be denied. Code of Virginia §8.01-58 is one of the most severe contributory negligence policies in the United States. This statute makes it more difficult for injured parties to fight for post-accident support.
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Call Us For More Information About a Motorcycle Accident Case
Our experienced Newport News motorcycle accident attorneys can help you overcome even the most trying of post-accident challenges. If you have questions about your post-accident rights, you can come to us for help. The Christina Pendleton & Associates team can sit down with you and give you the legal support you need.
For more information about financial support after a car accident, you can get in touch with our team. Call our office or use our online form to schedule your first case consultation.
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