What Rights Do Motorcycle Accident Victims Have?

According to national statistics, there are approximately 5,000 people killed in motorcycle accidents each year. Another 90,000 victims sustain serious to severe injuries. Motorcycle accident victims who survive their injuries are often left with permanent damage and disabilities. If you have been injured or lost a loved one in a motorcycle crash, call Shapiro, Washburn & Sharp at 833-997-1774 for a free consultation.

What Role Does Negligence Play in Motorcycle Accidents

Although accidents can happen for any reason, many motorcycle crashes occur because of the negligent actions of another driver. As drivers, we all owe a duty of care to other motorists we share the road with, but unfortunately, many drivers fail to heed traffic laws. Some of the more common types of negligence driving behaviors the motorcycle accident attorneys from our firm have seen include:

• Distracted driving behavior, such as texting or other cell phone use
• Driving while under the influence of alcohol and drugs
• Failure to drive according to road or weather conditions
• Failure to obey traffic signs or lights
• Failure to yield
• Following too closely behind
• Speeding

What Are the Most Common Motorcycle Accident Injuries?

These negligent driving behaviors can also cause other types of vehicle accidents, but because motorcycles offer little protection to riders the way other vehicles do, the injuries in motorcycle accidents are often catastrophic ones. Common injuries include:

• Head and brain injuries: Traumatic brain injuries (TBI) are a significant concern. Helmets can reduce the severity but do not always prevent head injuries.
• Spinal cord injuries: These can result in paralysis or long-term disabilities, profoundly impacting the victim’s life.
• Fractures and orthopedic injuries: Broken bones, dislocations, and joint injuries are common due to the lack of protective barriers.
• Road rash and soft tissue injuries: Abrasions and soft tissue damage can be painful and slow to heal.
• Internal injuries: Organ damage and internal bleeding may not be immediately apparent but can be life-threatening.

How Is Negligence Proven?

Motorcyclists are more likely to get seriously injured even if they’re involved in a minor collision. Many people have a misconception that those who ride motorcycles are risk-taking thrill-seekers. It is not uncommon in a motorcycle accident for the at-fault party and their insurance company to try to blame the motorcyclist for the crash.

The truth is that the majority of people who ride motorcycles are extremely cautious and aware of the dangers that threaten them from other vehicle drivers. They deserve the same protections that any other automobile driver or trucker would have on the streets of Virginia Beach, Hampton, Newport News, or any of the cities here in Hampton Roads.

What Types of Damages Are Awarded in a Motorcycle Accident Claim?

Motorcycle accidents can result in devastating physical, emotional, and financial consequences for victims. When pursuing a motorcycle accident claim, understanding the types of damages that may be awarded is essential. These damages are meant to compensate victims for their losses and hardships. The availability and calculation of damages can vary significantly depending on the specific circumstances of the crash.

Economic Damages

• Medical expenses: Victims of motorcycle accidents often face substantial medical bills, including ambulance fees, hospitalization, surgery, rehabilitation, and ongoing treatment. Economic damages cover these expenses, both past and future.
• Lost wages: Severe injuries can prevent victims from working, leading to lost income. Economic damages include compensation for the wages and benefits that the victim would have earned if not for the accident.
• Property damage: This covers the cost of repairing or replacing the damaged motorcycle and any other personal property affected in the accident.
• Home modifications: In cases of severe injuries that require home modifications for accessibility, economic damages may also include the cost of these changes.

Non-Economic Damages

• Pain and suffering: Non-economic damages compensate victims for the physical pain, emotional distress, and mental suffering endured due to the accident and resulting injuries.
• Loss of enjoyment of life: When injuries significantly impact a victim’s ability to participate in activities they once enjoyed, this loss is considered non-economic damage.
• Loss of consortium: In some cases, the spouse or family members of the injured party may be eligible for compensation due to the loss of companionship, care, and support resulting from the injuries.

Punitive Damages

Punitive damages are awarded in cases where the at-fault party’s actions were particularly reckless, intentional, or malicious. They are meant to punish the wrongdoer and deter others from similar behavior.

How Can a Motorcycle Accident Lawyer Help?

A motorcycle accident attorney representing you in an injury case can help strengthen your claim. Your attorney will know what steps will need to be taken and what type of evidence is presented to prove the other driver’s negligence.

Some of the strategies our legal team uses include:

• Investigate whether there is any video footage of the crash from security cameras of any businesses near the crash site
• Obtaining all police reports and witness statements
• Using photographs of the crash site
• Utilizing expert witnesses, including those who are able to reconstruct the crash

The experienced motorcycle accident attorneys at Shapiro, Washburn & Sharp have advocated for victims and their families for over 35 years and have obtained millions of dollars for motorcyclists and their families. We understand how devastating – physically, emotionally, and financially – these types of cases can be. Call our office today at 833-997-1774 to schedule a free case evaluation and find out what legal options you may have.