Portsmouth Motorcycle Accident Lawyer
Although not more frequent than those involving cars or trucks, motorcycle accidents do have a higher risk of causing life-changing injuries or, even worse, fatalities. Negligent drivers commonly report not seeing a motorcycle before impact, and some motorcyclists are victims of a hit-and-run.
Driving may come with its share of accidents, but working with the Pendleton Law Team means you’ll also get justice. Our motorcycle accident lawyers will assist you in seeking justice if you or someone close to you was hurt in a Portsmouth, VA, motorcycle collision.
Our firm has a strong track record of success managing biker accident cases across Virginia, and we’ll do everything in our power to make sure you receive a just settlement.
Injured in a Motorcycle Accident? Take Theses Important Actions
After a motorcycle accident, you must immediately take immediate action to protect your health and entitlement to financial compensation from the at-fault party.
- Prioritize your health and safety first by finding a safe place to move to if you can and getting medical help for any injuries you may have received.
- Report the collision to the authorities and file a detailed accident report, particularly if the at-fault individual escapes the scene.
- Gather as much proof as possible at the accident site, such as pictures, videos, and witness reports, as these will be essential in substantiating your claim.
- Speak with an experienced motorcycle accident attorney to see if you qualify for an accident settlement and to prepare before speaking with the insurance company. Contributory negligence laws can eliminate your ability to collect compensation, so you’ll want to refrain from talking to the insurers alone.
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Understanding What Caused Your Portsmouth Motorcycle Accident
In blind spots or crossroads, where a majority of motorcycle accidents occur, a motorcycle’s size and speed can make it difficult to see. Although you are not responsible for the reckless actions of another motorist, it’s always safest to ride with the precaution that other cars can’t see you.
Our motorcycle accident attorneys have seen bike accidents in Portsmouth, including:
Reckless Driver
This leading factor includes careless actions, including failing to yield, texting while driving, driving too fast, and failing to utilize signals or sufficient headlights. When riding a motorbike, the glare can be blinding, and intersections and distracted drivers also lower drivers’ field of vision.
Poor Road Conditions
Unsafe driving circumstances, such as potholes in the road or hazardous areas without speed or traffic signs cause accidents. In situations like this, your accident lawyer would look into whether a local government was to blame for your motorcycle accident.
Impaired Driving
Research from the Governors Highway Safety Association (GHSA) found that motorcycle accidents involving impaired drivers are becoming more common.
With marijuana laws in Virginia changing, the number of fatal accidents involving impaired drivers has increased and is cause for concern.
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What to Expect When Seeking Compensation After a Virginia Motorcycle Accident
It is difficult to determine your settlement amount without legal counsel because no two motorcycle accident cases are ever exactly the same. While some cases might only cost $10,000 to settle, others might cost more than $100,000.
Your motorcycle accident lawyer will emphasize the following factors following a collision in Portsmouth, VA, to determine the value of your accident compensation package:
Medical expenses
If your motorcycle accident resulted in catastrophic injuries, you may be able to recover the cost of your medical bills. For long-term injuries, you may win additional money for any future medical expenses and costs related to altering your way of life (e.g., hiring an in-home nurse).
Loss of wages
If your injuries require you to miss work or cause you to lose money, you will be eligible to recoup monetary damages. Also, if injuries prevent you from working again, you may be eligible to file a claim for a loss of earning capacity, any potential future wages, or the expense of retraining.
Pain and suffering
Any emotional or physical discomfort brought on by your motorcycle accident, such as a decrease in your quality of life, can be recovered with the right attorney. Because pain and suffering are hard to measure, accident victims who seek such damages frequently require the assistance of a personal injury lawyer.
Property loss
If the damage is significant enough to require expert maintenance, the overall settlement amount will include any necessary repair or replacement costs if the person who hit you was uninsured. This portion is usually handled by the insurance company paying directly to the mechanic.
Wrongful death
If a motorcycle accident resulted in the loss of a loved one, you may file a wrongful death claim under the Code of Virginia § 8.01-50. This kind of case will result in compensation that will cover your loved one’s funeral and burial expenses and others such as loss of consortium and mental anguish of the remaining family.
Punitive damages
In some motorcycle accidents, the at-fault party may have engaged in substantial misconduct or be a repeat offender. In this case, the judge may impose punitive damages as additional penalties of up to $350,000.00 in Virginia to punish the at-fault party.
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Identifying the At-Fault Party FollowingYour Motorcycle Accident
To establish liability and prove the other motorist was at blame, you must establish four elements, also referred to as “components” by Virginia personal injury lawyers and courts.
- Duty of care: Show that they were responsible for driving safely and within Virginia traffic laws.
- Violation of duty: Show that the other motorist drove negligently or unlawfully, thereby violating the “standard of care” owed to other road users.
- Causing harm: You must experience harm as a result of them violating their duty of care.
- Damages: Last but not least, you must show evidence that the other driver’s breach of duty to you caused the damages you have.
For either personal injury or property damage resulting from an accident, survivors in South Carolina have two years to file a complaint under Code of Virginia § 8.01-243.
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Need Help with the Insurance Companies After a Portsmouth Motorcycle Accident?
The Pendleton Law Team has years of experience representing individuals like you who were involved in motorcycle accidents. To ensure that clients receive just compensation, our compassionate and successful motorcycle accident attorneys give each Portsmouth case their full attention.
Stop worrying about the legal aspects of your claim by contacting us right now. In a no-obligation consultation, we can go over the expected settlement amount and plan a solid defense to back up your claim.
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