Best Motorcycle Accident Lawyers in Virginia Beach, VA

FAQs

• What is the non-emergency contact number for the local police station in Virginia Beach, Virginia?

  To reach the Virginia Beach police department for non-emergency matters, dial (757) 385-5000.

• Where can you get a copy of the police report for the accident in Virginia Beach, Virginia?

  A copy of a police report can be obtained from the Virginia Beach Police Department's office at 2509 Princess Anne Road. Copies of traffic accidents and crime reports are also available online through ePRO (electronic Police Reports Online), a web application that allows the public to navigate and generate reports. If the transcript you are looking for is not available on ePRO, you can send a FOIA request to the city police email address, vbpd@vbgov.com.

• Does Virginia Beach have legislation governing contributory negligence?

  Yes, the contributory negligence law is followed by cities throughout Virginia, including Virginia Beach. In the case of a motorcycle accident, the law states that if the liable party is not proven to be entirely at fault and the victim is found to share responsibility in any way for the accident or their injuries, the victim will not be entitled to financial compensation.

• How many years is the statute of limitations on a motorcycle accident in Virginia Beach?

  Motorcycle crash victims in Virginia Beach must file a lawsuit within two years after the accident when seeking damages under Virginia Code Section 8.01-243. The case will be dismissed if it is filed beyond the deadline, which will prevent victims from recovering post-accident financial support. Insurance companies want these claims to be filed within a day or two after the accident, or they could delay and deny the compensation.

• What are the common defenses used by insurance companies in Virginia Beach to delay, decrease, or deny your compensation claim in a motorcycle accident lawsuit?

  Insurance providers claiming that you are partially at fault in the accident is the most common defense used by insurance companies against Virginia Beach plaintiffs. Often, they dispute the claims by insisting that the victim has a pre-existing condition or has failed to receive prompt and consistent care, which aggravated their injuries. They can also contend that other parties are responsible for conditions that led to the accident, such as vehicle defects or poor roadway state, and are therefore partially or entirely liable for the victims' damages.

• What motorcycle safety technologies can riders in Virginia Beach utilize to reduce their vulnerability in crash accidents?

  Personal protection is crucial in an accident to minimize injuries and damages. Motorcyclists can wear protective gears that are available commercially, such as airbag clothing, in the form of jackets, pants, vests, and body-length suits, as well as helmets with added technological features like GPS, Bluetooth, and rear-view cameras. They can also install advanced safety systems in their motorcycles, including adaptive headlights, anti-lock brakes, and Electronic Throttle Control (ETC).

• Why should you and your family not post on social media while your claim is being settled in the courts of Virginia Beach?

  After an accident, publishing anything online could jeopardize your compensation claim. Never assume that your account is secured, as there are ways your information can become public or shared. Refrain from posting or getting tagged for status updates on your recovery, agendas of social events you recently attended, details about the case, and photos or videos of the accident scene and your injuries. These can be used against you to raise questions about your credibility and limit the compensatory damages you can recover.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.