Frequently Asked Questions
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If my loved one has been in a serious motorcycle accident with a TBI, what are my legal options?Your legal options depend on whether another driver was negligent and caused the accident that led to the injury. Note that in Virginia, if the motorcyclist was even 1% responsible for the accident, he or she could be precluded from obtaining compensation for their injuries. However, you still should have the case reviewed by a qualified personal injury attorney in Virginia.
How effective are motorcycle helmets in preventing serious head injuries?The Virginia Department of Motor Vehicles reports that helmets are approximately 67% effective in preventing head injuries. However, severe brain trauma can still occur in a motorcycle accident even if you are wearing a helmet. This can occur when the brain hits the inside of the skull. So, even the best motorcycle helmet cannot always prevent a traumatic brain injury in a serious motorcycle accident.
How common are motorcycle crashes in Virginia?The most recent data shows there was an 87% increase in motorcycle crashes in the state of Virginia. With those accidents there are many traumatic brain injuries that can lead to life-long medical complications. If you or your loved one was in a motorcycle accident and suffered a traumatic brain injury, you could be entitled to compensation, if the accident was caused by another driver.
Is there a minimum or maximum amount for a settlement related to a personal injury claim?
There is no minimum or maximum amount when it comes to settling a personal injury claim. Each case is different so the amount you will be able to recover depends on an array of factors, including the extent of your bodily injuries, the cause of your injuries, the amount of available insurance coverage, etc.
Have more questions? Check out these related FAQs:
What are the damages a motorcycle accident victim can collect?
National statistics show that almost 80 percent of motorcycle crashes cause serious injury or death to the motorcyclist. This is largely due to the lack of protection that a motorcyclist has when another vehicle slams into them. Injuries suffered by motorcycle accident victims are often catastrophic, requiring long-term recovery and many suffer permanent disabilities. Some of the damages a motorcycle accident lawyer will pursue for victims include:
- Past, current, and future medical bills
- Loss of income, including loss of future income if the victim is permanently disabled
- Pain and suffering
- Mental anguish
- Permanent disability
- Disfigurement or scarring
How does a Va. Accident Attorney Prove Liability in a Motorcycle Crash?
Your attorney will use all of the evidence – police reports, witness statements, etc. – to build a case proving liability against the other party. Some of the reasons an attorney will find that the other driver was negligent and liable for the crash include:
- Changing lanes without checking to see if any other vehicles are there
- Distracted driving
- Failing to see the victim’s motorcycle
- Failing to yield the right-of-way to the victim
- Fatigued driving
What type of information/evidence should a motorcycle accident victim bring when meeting with a Virginia motorcycle accident for the first time?
Your attorney will want to know all the details of what happened to you, including how the accident happened, what type of injuries you suffered, and the losses those injuries have caused you. Documents that will help your attorney build the case against the at-fault party include:
- Police Report: The police report provides an independent and unbiased account of the details of the crash, as well as the names and statements of any witnesses.
- Crash Site Photos: Having photos of the crash site can be very valuable for your cases. If you are physically unable to take the photos, have a family member or friend take photos. It is critical to obtain those photos as soon as possible following the crash. Take photos of skid marks, damage to your vehicle (and the other party’s vehicle if taking photos immediately following the crash). It is also a good idea to get photos of any landmarks and factors that may have contributed to the crash.
- Medical Records: Bring all of the medical records, as well as any medical bills, you have received for treatment of your injuries.
- Witness Statements: If you were able to obtain statements from witnesses, your attorney may be able to use those to help with your case.