We know that being involved in a motorcycle accident can deeply affect every aspect of your life, often leading to serious injuries. At Tronfeld West & Durrett, we’ve been helping victims in Virginia get financial restitution from responsible parties since 1972, and we want to do the same for you.
You can trust our attorneys to protect your rights and build strong cases that allow you to receive full and fair compensation for your injuries. We offer a free consultation to hear your case and also work on a contingency fee basis, meaning you pay nothing unless we win.
Injured in a Motorcycle Accident in Virginia Beach? Our Attorneys Can Help You Claim Compensation
Following a crash, you may be facing expensive medical bills, lost wages, and the stress of dealing with insurance adjusters. If this is your case, you can seek compensation after a motorcycle accident in Virginia if it was caused due to someone else’s negligence.
Our personal injury lawyers in Virginia Beach can handle these challenges for you and help alleviate the burden. Here’s what we offer:
- Analyze accident details to accurately determine fault and liability in the crash.
- Gather evidence to substantiate the claim.
- Manage all legal paperwork to ensure that filings are accurate and deadlines are met.
- Consult with medical professionals to understand the full extent of your injuries and future implications for your health.
- Assess the financial impact to calculate the true cost of the accident.
- Negotiate with insurance companies to secure a fair settlement that covers all your damages.
- Represent you in court and vigorously defend your rights when it’s not possible to reach a fair settlement.
At Tronfeld West & Durrett, we handle every aspect of your case and strive to achieve maximum compensation. Our goal is to make the legal process as smooth and effective as possible, allowing you to focus on healing and getting your life back.
For answers to your questions about a motorcycle accident in Virginia Beach, call:
800-321-6741
Determining Liability in Motorcycle Accidents
Establishing liability allows us to determine who is legally responsible for the damages you suffered as a result of the crash. In motorcycle accidents, liability often falls into:
- Negligent drivers: A common occurrence in car accidents, other motorists who fail to see motorcyclists due to distracted driving, speeding, or not yielding the right of way can be found liable for negligence.
- Motorcycle and parts manufacturers: If the accident was caused by a defect in the motorcycle or one of its components, the manufacturer of those parts might be liable for any damages due to product liability.
- Government entities: Responsible for road maintenance, these entities can be liable if poor road conditions played a role in the accident.
- Mechanics or service providers: If improper maintenance is a factor in the accident, the service provider who last worked on the motorcycle could also be held responsible.
To establish fault, our lawyers meticulously investigate each potential source of liability. We do this by collecting evidence, consulting with experts, and reconstructing accident scenes.
Contributory Negligence or Shared Fault Could Bar a Financial Recovery
Virginia follows a strict contributory negligence rule, which means that if you are found even partially responsible for a motorcycle accident, you could be barred from recovering any compensation. This rule is critical to understand, as sharing just 1% of the blame can prevent you from receiving compensation for medical bills, lost wages, and other damages.
Insurance companies are often quick to assign blame to motorcyclists, which is why it’s crucial not to speak with them without legal representation. Our experienced attorneys at Tronfeld West & Durrett will help protect your rights and challenge any attempts to shift blame onto you. We understand Virginia’s contributory negligence laws and will fight to ensure you aren’t unfairly denied the compensation you deserve.
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Common Causes of Motorcycle Accidents in Virginia Beach
Motorcycle accidents can happen for a variety of reasons, many of which are preventable. In Virginia Beach, the dynamics of local traffic and specific behaviors contribute to accidents, with the most common causes being:
- Speeding remains a major factor in motorcycle accidents. In Virginia Beach last year, speeding was involved in 40% of the more than 100 reported motorcycle accidents.
- Distracted driving
- Driving under the influence
- Unsafe lane changes
- Failure to yield the right of way
- Lane splitting and unsafe passing
- Hazardous road conditions
Determining the exact cause of an accident goes beyond assigning blame—it allows for a detailed assessment of the circumstances that led to the incident. Specifically, identifying the root cause helps to assemble a strong case to present in court or during settlement negotiations.
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What to Do and What Not to Do After a Motorcycle Accident
After a motorcycle accident, it’s crucial to take the right steps to protect your rights and ensure any potential claim has strong success chances. Here’s what we advise:
Steps to Take After an Accident
- Call for help: Contact emergency services and report the accident to the police. Make sure to keep a copy of all official records.
- Document the scene: If possible, take photos, gather information from witnesses, and collect all relevant evidence.
- Seek medical attention: Even if you feel fine, seeking medical attention gives you a trustworthy record of your injuries.
- Contact a personal injury attorney: Getting legal advice early is crucial to protect your rights.
Things We Advise Against After a Motorcycle Accident
- Leaving the scene: It’s important to remain at the scene unless you require immediate medical attention. Leaving can be seen as a hit-and-run, which is illegal and can complicate legal proceedings.
- Admitting fault: You should avoid discussing fault at the scene or with insurance adjusters before speaking with a lawyer. Admissions can be used against you in legal or insurance proceedings.
- Signing legal documents: Without consulting a lawyer, you may inadvertently sign away your rights or accept terms that are not in your best interest. Legal documents can contain clauses that limit compensation or place responsibility on you.
- Speaking with insurance companies without legal advice: Insurance adjusters may attempt to get a recorded statement or offer a quick settlement. It’s best to speak with a lawyer first to ensure your rights are protected and you don’t settle for less than you deserve.
Virginia Motorcycle Laws That May Impact Your Case
Understanding Virginia’s motorcycle laws is critical when filing a claim after an accident. These laws can influence the outcome of your case, and at Tronfeld West & Durrett, we ensure you’re fully informed about how these regulations apply.
- Licensing Requirements: To ride legally in Virginia, you need a valid motorcycle license or endorsement. There are different classes of licenses depending on the type of motorcycle you operate (M, M2, or M3). However, if you were unlicensed at the time of the crash, it doesn’t automatically prevent you from seeking compensation, as long as your lack of license didn’t contribute to the accident.
- Helmet and Eye Protection: Virginia law mandates that all motorcyclists wear helmets and eye protection if the motorcycle lacks a windshield. While not wearing a helmet won’t bar you from filing a claim, it could become a factor in negotiating settlements, especially if you suffered head injuries.
- Lane Splitting: Lane splitting, or riding between lanes of traffic, is illegal in Virginia. Engaging in this practice could be considered negligence, which might reduce or eliminate your ability to recover compensation. It’s important to follow all traffic laws to protect your claim.
- Virginia’s At-Fault Insurance Rules: Virginia is an at-fault state, meaning the driver responsible for the crash is liable for damages. As a motorcyclist, you can file a claim against the negligent driver’s insurance for compensation, including coverage for medical bills, property damage, and other losses.
Damages You May Be Entitled to Claim
In personal injury cases, “damages” refer to compensation awarded for medical costs, lost wages, and pain suffered. In Virginia, the strict contributory negligence rule complicates this recovery. If you are even 1% at fault, you cannot claim damages.
This makes it crucial to prove complete non-fault, as any fault attributed to you can entirely block your compensation. We can help you claim the following damages:
Medical Expenses
This covers all health-related costs from the accident, ranging from initial emergency care to long-term rehabilitation.
Lost Wages
If the injury impacts your ability to work, you can claim compensation for wages lost during recovery and for any potential future earnings.
Pain and Suffering
These damages address the physical pain and emotional distress caused by the accident. Overall, compensation for pain and suffering acknowledges the non-economic impact of your injuries.
Property Damage
If your motorcycle was damaged in the accident, you could receive compensation for repair or replacement costs.
How Much Are Most Settlements in Motorcycle Accident Cases?
Each motorcycle accident case is unique, with settlements varying widely based on the severity of injuries and the specifics of each case.
We invite you to discuss real case result amounts with our attorneys in Virginia Beach, who can provide a more accurate estimation of the potential compensation you may be entitled to, based on their extensive experience.
Our Virginia Beach Motorcycle Accident Attorneys Can Maximize Your Compensation – Contact Us for a Free Consultation
If you’ve been injured in a motorcycle accident in Virginia Beach, our attorneys at Tronfeld West & Durrett can provide you with a free consultation. During this conversation, we’ll review your case and discuss your legal options.
Don’t hesitate to contact us today, you’ll talk with an expert team who’ll fight tirelessly to ensure you receive the compensation you need to move forward with your life.
Call or text 800-321-6741 or complete a Free Case Evaluation form