The number of motorcycle accident fatalities is on the rise in Virginia. 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 a Falls Church, Virginia, 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 we 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. Call Christian direct at 1-800-HURT-123 to schedule a free consultation with a personal injury lawyer.
- 1 What Should I do After a Motorcycle Accident?
- 2 Should I See A Doctor Even Though I Was Not Injured During a Motorcycle Accident?
- 3 What Damages Does a Motorcycle Accident Compensation Claim Cover in Falls Church?
- 4 How Can a Motorcycle Accidents Lawyer Benefit My Compensation Claim?
- 5 Virginia Statute of Limitations for Motorcycle Accident Claims
- 6 How Much Do Motorcycle Accident Lawyers Charge?
- 7 What Determines the Value of My Motorcycle Accident Claim?
- 8 How Long Do Motorcycle Crash Cases Take to Settle?
- 9 Schedule a Consultation with a Falls Church Motorcycle Accident Lawyer Now!
What Should I do After a Motorcycle Accident?
In order to help your insurance claim it is crucial to take take the following steps after your accident in Falls Church, VA:
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 pieces of evidence for the case.
Contact a Falls Church Motorcycle Accident Attorney
As mentioned above, this step should be a priority. If possible, we can come to the scene and assist our clients. Dealing with insurance companies and the police while injured is not easy. Many victims do or say things that negatively impact their case. We offer advice to our clients that 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 with 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 Insurance Waivers
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. We 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.
Should I See A Doctor Even Though I Was Not Injured During a Motorcycle Accident?
No matter the perceived extent of your physical injuries, it is always a good idea to have yourself fully examined by a doctor if you have been involved in a motorcycle accident. In moments of extreme danger, the body releases adrenaline that can override your capacity to fully gauge your physical conditions. This means that other injuries, possibly very serious injuries, may not be fully tangible until later. These conditions may become worse if not immediately examined by a medical professional.
Your doctor will be able to examine you for internal injuries you may have suffered in the accident but are simply not as visible or easily recognized as a broken arm, for example. Furthermore, having yourself fully examined by the doctor will help solidify your case. If you wait too long, it is possible for the insurance adjusters to suggest your injuries were not actually related to the accident. The doctor’s examination provides a solid timestamp and irrefutably connects the injuries to the accident.
What Damages Does a Motorcycle Accident Compensation Claim Cover in Falls Church?
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 a motorcycle 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.
How Can a Motorcycle Accidents Lawyer Benefit My Compensation Claim?
In addition to experienced advice as well as a professional perspective on your advantages and disadvantages in seeking settlement or pursuing legislation, we will be able to properly file your claim within the necessary deadline laid down by the law requirements of the State of Virginia.
Motorcycle accidents occurring in and around the city of Falls Church are given a two-year time frame in which the plaintiff must file a motor vehicle accident claim outlined by the statute of limitations. If you are considering hiring a motorcycle accident lawyer, you can discern their level of professionalism if they are sure to inform you of these important deadlines.
If you hope to discuss making a claim for compensation from the insurance providers of the other driver involved in the accident, it is best to do so with a working knowledge of the comparative negligence rule (used to determine the percentage of fault in an accident. Imagine you were at least partly to blame for the accident, a good lawyer will be a considerable benefit in negotiating this crucial detail. Attempting to negotiate this without experience and knowledge of motorcycle accident law can be especially difficult.
Furthermore, any case made to claim your coverage will only be as strong as the quality evidence that supports it. A qualified and experienced motorcycle accident attorney will have the capacity to gather the right evidence to build a strong case in your favor. This may require a variety of different operations including accessing police documents and conducting other investigative work.
One such operation will be revisiting the scene of the accident with an expert who can recreate the event and provide an authority’s testimony. We may also interview eyewitnesses and examine other evidence such as the pictures of the accident itself, the position of the bike and any traffic signals in the vicinity.
Finally, we may also offer you counsel and emotional support on certain particulars relating to the aftermath of this event. At CAIL, we may even make resources available to aid you during this recovery period. Working with a motorcycle attorney you trust and feel good about is important to maximizing the benefits of a legal professional.
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 Falls Church 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.
How Much Do Motorcycle Accident Lawyers Charge?
A reputable motorcycle accident lawyer will often work on what is known as a “contingency fee”. This plan considers that the aftermath of an accident is always an especially difficult time financially. The contingency fee means that unless the case is ruled in your favor and your compensation is granted we will not make any money. This means that you are not charged for our full examination of your case, expert representation and negotiations or any of the other resources we may invest in your case –– unless we win, then we all win together.
Because, the client is not asked to pay anything upfront or later down the line, financial concerns should not be an obstacle to professional representation from a qualified motorcycle accident lawyer.
What Determines the Value of My Motorcycle Accident Claim?
No two accidents are exactly the same and there will be many individual factors that determine the value of every individual case. Some of the factors include:
- Severity and nature of injuries
- Aggravating factors such as drunk or reckless driving
- Permanent impairment, disfigurement, injury, or scarring
- Amount of insurance coverage available
- Amount of wages lost
- Cost of medical bills
- Rider’s contribution to the accident
- Recovery time
In order to build a solid case, it is imperative that our attorneys are working with all the details to properly calculate your coverage. The amount of coverage you can receive is the most important factor in a case like his and this is why it is important that all the details are collected and properly introduced to the case by a professional lawyer. You can see some of our motorcycle safety tips that include pointers on maximizing the amount of cover you can expect from a case.
How Long Do Motorcycle Crash Cases Take to Settle?
This can vary from case to case as well. In our experience, we have found that a motorcycle accident case is typically settled within 8 months. But some can take as long as a few years and others are completed within a few weeks. We will always do our best to bring these cases to a full conclusion as fast as possible.
Schedule a Consultation with a Falls Church Motorcycle Accident Lawyer Now!
At CAIL, we have seen all types of motorcycle accidents and understand that you need compensation fast, and as enough to actually cover your damages. We will do everything in our power to help you obtain it. All you have to do to schedule a free consultation with our Falls Church motorcycle accident attorney is call 1-800-HURT-123 or fill out our online contact form.