As a motorcyclist, you take certain steps to protect yourself from harm. Even so, you may fall victim to accidents caused by other motorists, construction crews, or even truck drivers. While the accidents themselves can be daunting, the expenses you deal with afterward can compound the stress you’re already under.
You can, however, argue that negligence or reckless behavior contributed to your accident-based losses. In turn, you can bring a motorcycle accident case to civil court. The Suffolk, VA, motorcycle accident lawyers at Christina Pendleton & Associates are willing to fight for your maximum case compensation.
Liability and Virginia’s Motorcycle Laws
Liability and duty of care go hand in hand in today’s motorcycle accidents. Motorists on the road must look out for motorcyclists because of their smaller size. It’s not always other drivers who you take to court after an accident, though. Other liable parties can include:
- Construction crews
- Government officials
- Commercial driving companies
- Trucks and trucking agencies
- Motorcycle manufacturers
- Motorcycle mechanics
Evidence at the scene of your accident can help you and an attorney determine who to hold liable for your losses. A Suffolk motorcycle accident attorney can communicate with witnesses and law enforcement to bring forward the evidence needed to back your claim, should your suit move forward.
However, motorcyclists must take steps to protect themselves from harm. If you don’t wear the appropriate safety gear, you may not be eligible for post-accident compensation.
Contributory Negligence and Motorcycle Accident Liability
Most states operate with some understanding of comparative negligence. This concept dictates that accidents involving fault from more than one party can have that fault assigned accordingly.
Virginia opts to base its state rulings on the concept of contributory negligence instead of comparative negligence, though. These rulings on fault tend to be more severe than they are in other states. In Virginia, for example, a liable party must be 100 percent responsible for your accident-based losses. If you hold any fault, you cannot pursue civil compensation.
With that in mind, many defendants in Virginia’s motorcycle accident cases try to argue that you or another party contributed to your accident. You can work with an attorney to get ahead of these arguments and fight for your time before a judge. Alternatively, you can keep your case confined to negotiations.
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Virginia’s Motorcycle Accident Statute of Limitations
Each state’s statute of limitations prevents a defendant from having to endure untimely legal action. While this may not seem fair, the rule is in place to make sure all parties involved in something like a motorcycle accident can enjoy the legal benefits afforded to them by states like Virginia.
With that in mind, any party that wants to file a motorcycle accident complaint must do so with Virginia’s statute of limitations in mind. Code of Virginia § 8.01-243(A) allows you two years to gather your information and present your claim. Any attempt to file a complaint outside of that deadline will see your request rejected.
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How to File a Motorcycle Accident Complaint
If you want to bring a motorcycle accident complaint forward, you need to deliver your complaint to a county clerk. A county clerk will then assess your case and pass it along to the applicable legal parties. If your case seems like it could bring forward fruitful conversations about your accident’s financial support, you’ll have the legal backing you need to proceed.
What information goes into a complaint, though? For a complaint to be comprehensive enough to trigger a legal case, yours should include:
- The identity of a liable party
- Details regarding your accident
- The financial losses you’re contending with
- The compensation to which you believe you are entitled
- Evidence supporting these claims
Most importantly, you need to submit a completed complaint within Virginia’s aforementioned statute of limitations. A Suffolk, VA, motorcycle accident lawyer can help you meet your deadline in time to fight for financial support.
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Calculating Motorcycle Accident Compensation
When you come away from a motorcycle accident, bills are going to be one of your most prevalent concerns. Whether you’re contending with accident-related injuries or need to replace your motorcycle, these expenses can seem insurmountable.
Motorcycle accident complaints can help you contend with the bills related to your loss. When you issue a complaint, you have the chance to request justice for your losses. At the same time, though, you can request compensation.
Financial support from a liable party after your motorcycle accident can include:
- Medical expenses related to accident-induced injuries
- Property replacement or repair
- Pain and suffering
- Loss of opportunities to work or wages
- Decreased quality of life
You can work with an attorney to determine which of these damages, among others, might apply to your case.
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Attorneys Can Help You Bring Your Concerns Forward
Interacting with your local court is more than complicated. For many people, the process of bringing forward a complaint can be intimidating or financially untenable. That, however, is where our motorcycle accident lawyers in Suffolk can step in.
Christina Pendleton & Associates does more than represent your interests in court. We walk you through your legal options free of charge. You will never receive a bill for our services. Instead, during our initial consultation, we’ll discuss our contingency fee agreements alongside your legal needs.
Once you’ve gotten comfortable with our team, we’ll discuss how you want to proceed with your complaint. Whether you need representation in court or help navigating settlement negotiations, our team can make a motorcycle accident lawsuit as stress-free as possible.
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A motorcycle accident doesn’t have to take you off of the road for good. If you’re looking for ways to speed up your recovery, you can turn to Christina Pendleton & Associates. Our motorcycle accident attorneys serving Suffolk understand how devastating your losses can be, both emotionally and financially. That’s why we fight on your behalf.
If you want to kickstart accident negotiations or take a motorcycle accident to court, get in touch with our team. You can schedule a free case consultation over the phone or through our online form.
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