Motorcycle accident victims often face a long, uphill battle when it comes to obtaining compensation for their injuries. Unfortunately, motorcycle accident injuries are often very serious and can have lasting or even lifelong effects. Insurance companies routinely deny claims or make minimal settlement offers with the hope that injured motorcyclists will quickly and quietly give up. If you were injured in a motorcycle accident and are having trouble getting the compensation you need to obtain medical treatment and move forward in your recovery, reach out to an experienced personal injury lawyer before talking to anyone from the other motorist’s insurance company.
At Portner & Shure, P.A., our award-winning motorcycle accident attorneys in Vienna have been representing motorcycle accident victims throughout Virginia for over 30 years. In that time, we have successfully secured numerous favorable results for our clients, including large settlements and jury verdicts. We are ready to put our years of experience and skill on your side.
Call or submit an online contact form to get started with a free and confidential consultation today.
Common Motorcycle Accident Injuries
Injuries from motorcycle accidents are often severe due to the speed the vehicles were traveling and the relative lack of protection motorcyclists have when they are hit by larger, heavier vehicles. As a result of this lack of protection, motorcyclists are frequently the ones to sustain the more severe injuries in a crash.
Common injuries resulting from motorcycle accidents include:
- Paralysis
- Traumatic brain injuries
- Lacerations
- Skull and facial injuries
- Broken bones/fractures
- Dental injuries
- Spinal cord injuries
- Road rash, or friction burns
How Do Motorcycle Accidents Happen?
The facts surrounding a given motorcycle accident are often unique. What is common among these types of cases, however, is that a motorcycle accident victim must prove that the at-fault driver performed a negligent action that resulted in the collision. This is because, in order to win personal injury case in Virginia, the person bringing the claim must prove their case by a preponderance of the evidence, i.e., 51%.
Common causes of motorcycle collisions that generally constitute negligence include:
- Distracted driving (including texting while driving)
- Failing to yield
- Improper lane changes
- Speeding
- Improper passing
- Reckless or aggressive driving
- Violating traffic laws
- Fatigued driving
Each of these instances provides the negligent driver several defenses.
Defenses in Virginia Motorcycle Accident Cases
All drivers, including motorcycle drivers, have a duty to operate their vehicles in a safe and reasonable manner. Nonetheless, there are several defenses available under Virginia law that insurance companies routinely use in order avoid responsibility in motorcycle collisions.
Virginia is one of four states that continues to follow the defense doctrine of contributory negligence. Under this defense, a personal injury victim is precluded from recovering anything if it is proven that their actions contributed to the accident in any way. Stated more clearly, a civil defendant can avoid responsibility by shifting blame onto the victim. In order to succeed in this defense, a civil defendant must put forth evidence showing that a victim acted negligently prior to an accident.
Along with this, Virginia also allows a civil defendant to raise the defense of assumption of risk. Under this defense, a civil defendant must generate evidence showing that a personal injury victim had knowledge of a risk, appreciated the risk, and, despite knowing of the risk, undertook an action that caused the injury.
In order to overcome these defenses and obtain sufficient financial compensation, an injured motorcyclist should consult with a knowledgeable and experienced personal injury attorney. The team at Portner & Shure, P.A. is ready to fight back against the insurance company’s tactics and attempts to defend against your claim.
Damages Available in Motorcycle Accident Claims
As previously stated, motorcycle accident victims tend to sustain very severe injuries. As a result, they often require extensive emergency medical care, as well as ongoing rehabilitation therapy and continuous medical treatment. In many cases, motorcyclists are unable to return to work after an accident, putting them in an even more serious financial situation.
Under Virginia law, injured motorcyclists can seek compensation for both economic and non-economic damages, including but not limited to:
- All medical expenses associated with the accident
- Ongoing and future medical care costs
- Lost income/wages, including lost future earnings
- Reduced or lost earning capacity/disability
- Pain and suffering, including emotional distress
- Property damage repair costs
How a Vienna Motorcycle Accident Lawyer Can Help You
At Portner & Shure, P.A., our Vienna motorcycle accident attorneys have earned a reputation for providing aggressive representation for victims of negligence throughout the Commonwealth of Virginia. Our commitment to success can be seen in the many five-star reviews from our past clients, as well as in the numerous awards and accolades earned by our attorneys and our firm as a whole.
We offer personal injury services on a contingency fee basis. This means that you do not owe any attorneys’ fees unless we recover compensation for you. We also provide free initial consultations, so there is no risk in speaking to a member of our team about your potential case today.
