You’re likely reading this right now because either you or someone you love has been injured in a motorcycle accident and you’re looking for help pursuing legal action against the person responsible. At Shapiro, Washburn & Sharp, our Virginia Beach motorcycle accident lawyers have successfully represented many victims who suffered serious physical and financial losses because of another party’s negligence. The following is a brief overview of how we can help you get the compensation you deserve.
Types of Compensation You Can Pursue
Under Virginia law, a motorcyclist who is injured in a crash caused by another party can pursue damages (financial compensation) for the losses their injuries have caused them to suffer. Damages can include medical expenses, lost wages if they were unable to work while they were recovering, pain and suffering, permanent disability, scarring, and more.
In some cases, punitive damages may also be available. Punitive damages are awarded when a defendant (at-fault party) engages in reckless or wanton conduct that results in the victim’s injuries, such as in a drunk driving crash. The purpose of punitive damages is not to compensate the victim but to “punish” the at-fault party and send a message to society that this type of behavior will not be tolerated.
Types of Insurance Issues Our Firm Routinely Encounters
Our attorneys often handle accident situations where the motorcyclist was doing everything right, but the other vehicle simply ignored, failed to see them, or disrespected their right to be on the road, such as following the bike too closely so they would move out of the way. Motorcyclists have equal rights, and other vehicle operators have equal responsibilities. As long as they are operating within the motor vehicle laws and within the speed limit, a motorcyclist’s rights as an operator are equal to that of every other vehicle operator on the road.
As mentioned above, if another driver (or other at-fault party) caused the crash you were injured in, you can pursue legal action against that party to recover damages for the losses your injuries have caused. This is usually done by filing an accident claim with the at-fault’s driver insurance company.
Unfortunately, given the financial losses associated with motorcycle accident injuries, the at-fault party’s insurance coverage may not fully cover all of your losses because they only have the minimum coverage required by law. Or, they may not even have auto insurance, despite the legal requirements by the state. It is estimated that more than 10 percent of Virginia vehicles on the road are uninsured.
This is why it is critical to carry both uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage on your own policy. If the at-fault driver’s policy does not cover your losses, you can file a claim against your UIM coverage.
If the at-fault driver was uninsured, your losses should be covered by your UM coverage. This coverage also applies in hit-and-run accidents where the driver who causes the accident flees the scene.
If a passenger who is a family member who lives in your household was also injured in the crash, you may be able to pursue “secondary insurance coverage” through your own family vehicle insurance policy, which is in addition to the motorcycle operator’s insurance coverage.
Why Hiring an Attorney Is Important
Even if you feel that there is overwhelming evidence that shows the other driver caused the accident, it is crucial to have a personal injury lawyer who specializes in motorcycle accidents advocating for you.
When you retain our firm, you can be assured that we will take the necessary steps to ensure you receive fair and full compensation for your losses. We will conduct a thorough investigation into the crash, including gathering evidence and interviewing witnesses.
You can feel secure in knowing you have hired a law firm with a solid reputation for having attorneys who are skilled negotiators and will protect their clients from the manipulations and questionable tactics that insurance companies employ to minimize payouts or outright deny claims.
You can also be assured that if the insurance company won’t negotiate in good faith, we will not hesitate to pursue litigation and file a personal injury lawsuit on your behalf. This commitment to our clients is evident by the more than $100 million in settlements and verdicts our firm has secured for injured clients just like you.
Call Our Office Today
If you have been injured in a motorcycle accident, it is important not to delay contacting our office to find out what your legal options may be. Virginia does have a statute of limitation for how long you have to file a motorcycle accident injury claim. This statute requires the claim to be filed within two years of the date of your accident, however, we recommend you get the process started as soon as possible so your attorney can make sure all the evidence in the case is preserved.
Call (833) 997-1774 today to schedule a free case evaluation and find out how our firm can help!