What You Need to Know About Motorcycle Wrecks in Virginia?
Key Highlights:
- In the motorcycle wrecks in Virginia, the probability of an individual getting killed while riding on a motorcycle, as opposed to when in a vehicle as a passenger, is greater.
- It is most of the time the case when people file claims concerning Virginia motorcycle accident cases; the driver did not see the rider in time.
- The law in Virginia is 1% contributory negligence.
- It means that in case you were found at least partly responsible, you would lose everything.
- The Virginia motorcycle accident, unlike a car’s bumping into another car’s bumper in a collision, a motorcycle wreck in Virginia is likely to result in more severe consequences.
There is no such thing as airbags and frame cushioning to protect you from hitting the road surface. Thus, what shocks a driver in a car accident might lead to injury in a Virginia motorcycle crash. The whole idea of a Virginia motorcycle accident lawsuit, including catastrophic injuries and an insurance claim, is in this.
The Virginia motorcycle accident can completely turn one’s life upside down, and the insurance company will make sure that one is responsible for 1% contributory negligence. My name is Robert Tatum, a founding attorney at Tatum & Atkinson Law Firm. We have represented over 65 years of collective experience in Virginia motorcycle accident and motorcycle wreck cases, where there is a personal injury claim, since 2006. That is why we are your reliable motorcycle accident lawyer.
What Makes Motorcycles Accidents More Deadly?
Science! Unlike the drivers, who are encased in metallic airbags, the motorcyclists find themselves at risk without any help.
According to NHTSA, for the year 2024, you are 27 times more likely to die on a motorcycle than a driver, and five times more likely to be injured. Helmets can help you survive because, according to NHTSA, wearing a helmet reduces the risk of rider fatality by 37 percent. There is nothing else but to avoid injuries, because otherwise, one will suffer catastrophic injuries.
Causes of Motorcycle Accidents in Virginia
Some of the causes of Virginia motorcycle crash cases are a negligent driver who is responsible for causing accidents that involve a rider:
- Left-turn accident whereby the driver turns and faces the cyclist.
- Making lane changes without checking on the rider.
- Distracted or impaired driving, like texting while not even looking at the road.
- Speeding and failure to yield.
- Road hazards like gravel, potholes, and other debris in the rain.
Injuries Incurred by Riders
Since the body of the rider is hit, the injuries sustained by cyclists tend to be catastrophic injuries and permanent, from bone fractures up to:
- Head injuries, even when wearing helmets.
- Spinal injuries that result in paralysis.
- Severe road rash that needs skin grafts.
- Injuries to internal organs and bleeding.
- Amputations either immediately after the accident or during the recovery process.
Fault, the 1% Rule of Virginia, and Helmets
Negligence is the cause of the fault, but whose fault? Fault is critical in Virginia because Virginia has pure contributory negligence, meaning that if the insurance company manages to show there is 1% fault by the rider, the rider will get nothing. This becomes an issue since in those cases where the adjusters place the whole blame on the negligent biker.
All Virginia motorcycle riders and passengers are required to wear helmets under Virginia law. Code § 46.2-910. Nevertheless, failure to wear them is not proof of negligence per se.
Proof, Insurance, and Payment
In a dispute in a personal injury claim, evidence is crucial, and this proof expires quickly. Evidence includes:
- photographs of the accident scene and vehicles
- witness statements
- police report
- traffic camera footage
- damaged helmet and bike
- as well as the explanation of how the accident happened.
An insurance claim may run through the liability insurance of the negligent driver and also through the uninsured or underinsured motorist insurance of the motorcycle rider, if this applies. Payment for all these types of damages may occur through the claims process in Virginia.
Motorcycle Accident Injury? Call Tatum & Atkinson Law Firm
If another person drives recklessly and crashes into you or a family member on the road, the injuries you suffer aren’t the only problem that you have to worry about. The insurance company will be doing everything possible to shift all the blame to the motorcyclist.
The sooner you get help, the better. The lawyers from Tatum & Atkinson, your expert motorcycle accident lawyer and motorcycle injury attorney team from a Cedar Bluff office in Virginia serving the residents of southwestern Virginia, manage all their Virginia cases using Jon Ward, a Virginia Bar member.
The Heavy Hitters know how to deal with the 1 percent rule of contributory negligence in Virginia and how to fight the accusation of being a “reckless biker.” Call today for a complimentary first meeting at (800) 529-0804 for a free consultation.
Frequently Asked Questions!
Does not wearing a helmet hurt my case in Virginia?
Not wearing a helmet is not negligence per se, according to the Virginia statute. Even though the insurance company may argue that wearing a helmet would have helped reduce the head injury, you cannot overlook the injuries that were not supposed to be reduced by wearing a helmet. Failure to wear a helmet can act as a signal to talk to a motorcycle injury attorney.
The driver claims that I came out of nowhere. What now?
Yes, in most of the cases. After crashing into you, the driver will try everything to convince you that he or she did not see you, thus shifting the responsibility according to the contributory negligence 1 percent rule. It is best to have evidence such as photos from the scene, witness statements, vehicle damage, etc.
What are the most frequent errors of the riders after an accident?
Your excuses or admission of blame at the scene may well turn out to be that fatal 1%. The failure to visit a doctor allows insurers to state that you are not injured. Giving the other insurance company a statement is beneficial to the insurance company. Your remarks on social media regarding the Virginia motorcycle accident that you were involved in provide leeway for the defense.
What happens if the driver who hit me has no insurance?
There’s a possibility that you will still be compensated through your own insurance claim coverage policy. Policies covering automobiles and motorcycles in Virginia include coverage of uninsured or underinsured motorists, which pays off if the person responsible for an accident has no insurance or does not have enough insurance coverage. It’s always wise to find out what type of coverage you have before forgetting about a Virginia motorcycle crash.
How much does it cost to consult a lawyer for a motorcycle accident?
No way forward. Contingency means that there will be no charge without any form of settlement, and the initial consultation is free. Time is of the essence because the evidence of non-fault, like photographs, video footage, witness statements, and the motorcycle, will deteriorate within a couple of weeks. There are just two years in Virginia to file a suit. Contact a motorcycle accident lawyer today.
