The number of motorcycle accident fatalities is on the rise in Virginia, including in Falls Church. Motorcycle accidents account for only 2% of all traffic accidents here, but they cause 13% of traffic deaths. Most of them occur on I-495, I-66, Arlington Boulevard, and South Carlin Springs. Their victims often request the help of our Falls Church motorcycle accident attorney.
The law gives motorcycle accident victims the right to recover their losses. However, the process is long and complicated, especially for someone severely injured. It is better to approach it with the help of an experienced attorney. At Commonwealth Accident Injury Law (CAIL), we have handled numerous motorcycle accident cases. We know the challenges victims face, and we have made it our mission to help them.
In our experience, the sooner a motorcycle accident lawyer takes over a case, the more they can help. Also, the first things accident victims do at the scene often determine the outcome of their cases. Knowing the steps to take immediately after an accident is very important for any victim. So is familiarity with the most important laws. We will cover all this in the following lines.
Steps a Church Falls, VA, Motorcycle Accident Attorney Recommends Taking after a Crash
Remain at the accident scene.
Stopping is mandatory for all parties involved in accidents that cause injuries or property damage. This is because of Virginia Code Section 46.2-894. Violations qualify as a class 5 felony for accidents resulting in injuries. Fleeing the scene of accidents of up to $1000 in property damage is a class 1 misdemeanor.
Request medical assistance immediately.
Motorcyclists usually suffer serious injuries. Head, spine, and internal injuries are quite common after motorcycle accidents. Left untreated, they can worsen, and aggravation-related losses are not compensable. Moreover, without clear evidence of the injuries incurred, victims cannot recover their losses.
Report the accident.
All accidents resulting in property damage exceeding $1,000 or injuries need reporting. The parties can call 911 or contact the nearest police department. Usually, a law enforcement officer comes to the scene to investigate how the accident occurred. Their accident report is among the most important evidence for the case.
Contact a Falls Church motorcycle accident attorney.
As mentioned above, this step should be a priority. Perhaps, the lawyer can come to the scene and assist their client. Dealing with insurance companies and the police while injured is not easy. Many victims do or say things that negatively impact their case. The motorcycle accident lawyer will advise their client and help them avoid costly mistakes.
Gather information and evidence.
In order to recover their losses, accident victims need evidence. They need to prove how the accident occurred, who was involved, and who was at fault. The injuries and damage they incurred require documentation as well. Most of the information and evidence is only available at the scene of the accident. The victims should focus on gathering contact and insurance information of anyone present. They should also take photos of the accident scene and look for recordings from nearby cameras.
Follow the doctor’s recommendations.
Many accident victims refuse medical assistance or do not follow their doctor’s recommendations. This is a huge mistake that often ends up costing them their compensation. At CAIL, we understand that you may not agree to a particular doctor’s recommendations. When that happens, you have the right to consult another doctor. Just make sure that you eventually get a treatment plan and follow it. Otherwise, any subsequent injuries and complications will be your responsibility.
Never sign waivers or settlement agreements without discussing them with a motorcycle accident attorney.
Insurers’ only interest is to settle things with minimum losses for them. Their agents often offer detrimental settlements to accident victims. Some even try to convince the latter to sign rights waivers. By accepting a settlement, the accident victim gives up any rights to further compensation. If their losses exceed the settlement value, and they always do, they will never recover the difference. A motorcycle accident lawyer can evaluate the claim and negotiate a more convenient settlement. The value of the compensation will depend on the losses the victim can prove they suffered.
Types of Losses a Motorcycle Accident Lawyer in Falls Church, VA, May Recover for Their Clients
Depending on the case details and the evidence available, the accident compensation can cover:
- The cost of repairing or replacing the motorcycle and any other damaged goods
- Medical expenses
- Rehabilitation costs
- Disability adjustments
- Pain and suffering
- Other physical and emotional losses
It is important to note that those who share the fault for their accident cannot recover losses. As a result, most defendants try to prove that the claimant contributed to the accident. Any violation of Virginia traffic laws will qualify as contributory negligence. From this point of view, even accident victims need a motorcycle accident lawyer to defend them.
Therefore, if you incurred injuries in an accident, you should seek legal help as soon as possible. The sooner you start working on the case, the sooner you will get the compensation. You must note that there are strict deadlines for initiating such civil actions. Waiting too long could mean losing your compensation.
Virginia Statute of Limitations for Motorcycle Accident Claims
Under Code section 8.01-243, you must file civil actions relating to injuries within two years. For civil actions relating to property damage, the deadline is five years. The countdown begins at the date of the accident.
It may be possible to extend the deadline for underage and disabled claimants. In the case of underage claimants, the countdown begins when they turn 18. For disabled claimants, their recovery marks the beginning of the claim filing period.
If you are not sure when you should claim compensation, consult a motorcycle accident attorney. They will also explain if your case qualifies for an extension. Keep in mind, though, that the deadline refers to court actions, not insurer negotiations.
This means you should begin the insurance claim process much sooner. If you wait too long, you may lose important evidence. Witnesses may relocate and become impossible to find. Also, you and your attorney will need time to prepare your case. It is better to start early and take your time than to do everything in a hurry.
Schedule a Consultation with a Falls Church Motorcycle Accident Lawyer Now!
At CAIL, we understand that you need money fast, and as much as possible. We will do everything in our power to help you obtain it. All you have to do is schedule a consultation with our Falls Church motorcycle accident attorney. Call 1-800-HURT-123, fill in the contact form or email your case details at email@example.com.
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