Motorcycle Accident Attorneys Serving Richmond, Chesterfield, Petersburg, Mechanicsville & Surrounding Areas
Being involved in a motorcycle crash can change your life. The trauma of a motorcycle injury can leave you feeling alone and overwhelmed as you try to get your life back on track. While motorcyclists often get a bad rap for speeding or reckless driving, we know even the safest riders can be injured in an accident. That is why the Virginia personal injury attorneys at Tronfeld West & Durrett are so passionate about helping motorcyclists get the help and compensation they deserve after a traumatic accident.
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Whether your accident is due to another driver’s negligence, poorly paved rural roads, construction, or blind spots on the road, we believe you deserve a fair shake at seeking justice for your injuries.
Since 1972, we have helped thousands of personal injury victims recover big settlements and/or positive verdicts. We know personal injury law and we know how motorcycle laws work in Virginia. But most importantly, we how to use our knowledge to make sure you receive fair compensation after a motorcycle accident.
Important Facts You Need to Know About Motorcycle Accidents
Riders were 27 times more likely to be involved in a fatal accident than car and truck drivers in 2014, according to the Insurance Information Institute.
The simple fact is, riding a motorcycle on the roads can be inherently unsafe. But the odds get even worse when riders do not wear their helmets. That is why Virginia state law requires you to do so.
Virginia law states that all riders must wear a helmet and adequate eye protection, such as a face shield, goggles, or glasses.
In addition to saving your life in a motorcycle accident, it can also save your accident claim.
I did not wear a helmet; does that mean I was negligent?
As we mentioned, motorcyclists often get the short end of the stick when it comes to road safety.
In accidents involving a motorcycle, claims adjusters might try to make the case that you were in the wrong, whether it be that you were driving recklessly or that you were not wearing your helmet, which actually led to your injuries.
We know, this sounds ludicrous. But the fact remains, not wearing your helmet can give them further reason to rule against you in a personal injury lawsuit.
Fortunately, however, if you do decide not to wear a helmet while riding your motorcycle, Virginia law states that “failure to wear a face shield, safety glasses or goggles, or protective helmets shall not constitute negligence per se in any civil proceeding.”
Essentially, this means that you are not automatically negligent simply for not wearing a helmet. This is important because under Virginia law if an investigation finds you even one percent at-fault for your injuries, you will be unable to recover compensation for your injuries.
However, if your injuries were related to your lack of helmet use (e.g., traumatic brain injury, spinal cord injury), the insurer may be able to use that against you.
Note: We advise once again that you always wear a helmet when riding your motorcycle as it can save your life.
What to Do If You Are Involved in a Motorcycle Accident
If you have been involved in a motorcycle wreck, here are a few tips you need to know in the days and weeks following your accident:
Seek immediate medical attention
This may seem obvious, but your top priority following an accident must be to seek proper medical attention to treat yourself for any injuries you sustained. If you do not seek medical attention immediately, the insurer may claim that your injuries are unrelated, fabricated, or exaggerated.
Avoid trying to repair your motorcycle
It is important not to tamper with your bike in any way following an accident as this may lead to further complications in proving your negligence lawsuit.
Instead, keep your bike in a safe, secure place until you need to use it as evidence. Be sure to take pictures of the bike as well.
Maintain all documentation
Be sure to keep all documentation related to your motorcycle, including its owner’s manual, warranty, and maintenance instructions.
Also, be sure to document all of your injuries and get the contact information of any witnesses at the scene of your accident.
Watch What You Say to Insurance Adjusters
After an accident, it is likely that the other party’s insurance adjuster will contact you and ask you to give a recorded statement. Do not agree. The adjuster may use anything you say in the conversation against you. If you accidentally admit fault of any kind (e.g., even just saying, “I’m sorry this happened” could imply fault), you will be unable to recover compensation.If an adjuster contacts you, politely explain that he or she can discuss everything with your attorney.
Contact a team of professionals to help you
Do not try to fight your case alone. Instead, contact personal injury attorneys who know Virginia, who know personal injury law, and who know how to help get you the settlement you truly deserve.
Our Virginia Motorcycle Injury Attorneys Fight for You
Here at Tronfeld West & Durrett, we have been helping personal injury victims in Virginia for more than 40 years.
We were born and raised in Richmond, Virginia and we have been giving back to our community any way we can — including helping its residents fight uphill personal injury battles.
We know the laws surrounding motorcycle accidents and we know how hard it can be for motorcycle injury victims to get the respect they deserve. Preconceived notions against motorcyclists can make it hard to convince an insurer, judge, or jury that you were not at fault.
But with us at your side, you can prove the other driver was 100 percent at fault, and get a settlement that awards you fairly for your medical bills, lost time at work, and damage to your personal property.
So call us now at 804-358-6741. Outside of Virginia? Call us toll-free at 800-321-6741.
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