Alexandria Motorcycle Accident Attorneys
Bilingual Attorneys Helping Motorcycle Wreck Victims in Virginia
Staggering medical bills, debilitating injuries, lost income—motorcyclists often suffer monumental hardships in the wake of an accident. At The Barrera Law Firm, PLLC, our Alexandria motorcycle accident attorneys have helped thousands of injured victims with over 75+ years of combined experience. We want to do the same for those facing difficulty recovering fair compensation after an accident.
Call The Barrera Law Firm today at (571) 290-2390 or contact us online to schedule a meeting with our motorcycle accident lawyers in Alexandria!
Why Motorcycle Accidents Are So Dangerous
Even more than car accident victims, those who are injured in motorcycle accidents often need legal help to pursue fair settlements. According to the National Highway Traffic Safety Administration (NHTSA), riding a motorcycle is nearly 27 times more dangerous than driving. And that statistic only looks at fatalities per mile traveled. Motorcyclists are also much more likely to face injury if they’re in a crash. Only 2 of 10 motorcyclists can walk away from an accident.
The reason for this is apparent: While safety devices like seatbelts and airbags surround drivers, motorcyclists only have helmets and other protective gear to protect them against injury. Because motorcycles are smaller and lighter than your average car, riders may be thrown off and/or caught under their bike. This can cause injuries like:
- Burns
- Contusions
- Fractures
- Head and neck injury
- Spinal cord injury
- Sprains or strains
- Traumatic brain injury
Worst-case scenarios can end with a wrongful death, leaving the victim’s loved ones to try to manage their grief and move forward. After any tragic accident, our team is here to help the accident victims. We can offer a sound legal strategy and advice and are also here for you to lean on in your time of need.
Do You Have to Wear a Motorcycle Helmet in Virginia?
In Virginia, riding a motorcycle requires a helmet for all riders, regardless of age or experience. The state's helmet law mandates that all motorcycle operators and passengers wear helmets that meet or exceed the standards set by the Department of Transportation (DOT).
The helmet must be equipped with a chin strap that is properly secured. It should also be free from any defects or damage that could compromise its effectiveness in an accident. Additionally, riders must ensure their helmets have the appropriate DOT certification label.
In addition to wearing a helmet, riders may want to follow other safety precautions while riding. This includes wearing protective gear such as gloves, boots, and leather or armored clothing. By taking these steps, riders can help reduce their risk of injury or death in the event of an accident.
Here are other critical aspects of Virginia's motorcycle laws:
- Licensing: To legally operate a motorcycle in Virginia, you need a Class M designation on your driver's license or a motorcycle-only license. There are also separate endorsements for three-wheel vehicles.
- Eye Protection: Riders must also wear eye protection unless the motorcycle has a windscreen or windshield.
- Equipment Requirements: Motorcycles must have functioning headlights, taillights, brake lights, turn signals, and rearview mirrors.
- Handlebar Height: Virginia doesn't have specific laws regulating handlebar height, but it's essential to ensure that handlebars comply with general vehicle width regulations.
- Lane Splitting: Lane splitting, riding between lanes of traffic, is illegal in Virginia. Motorcycles must follow the same traffic laws as other vehicles.
- Passenger Regulations: If carrying a passenger, the motorcycle must be equipped with a passenger seat and footrests.
- Insurance Requirements: Virginia law mandates that all motor vehicles, including motorcycles, be covered by liability insurance that meets the state's minimum requirements.
- Noise Restrictions: Motorcycle noise levels are regulated. Virginia has specific decibel limits that motorcycles must adhere to.
- Operating Rules: Motorcycles must follow all traffic laws, including speed limits, signaling for turns, yielding right of way, and obeying traffic signals.
- Moped Laws: In Virginia, mopeds are subject to separate regulations, including licensing requirements, equipment specifications, and speed limitations.
Why You Need a Motorcycle Accident Lawyer
If you have recently been injured in a motorcycle accident caused by someone else, you may be entitled to compensation for your financial and emotional damages.
The insurance adjuster on your case isn’t likely to offer you a fair settlement, though they’ll pull out all the stops to seem generous. Before speaking with an attorney, don't sign away your right to a complete financial settlement. Don’t even talk to the insurer if you can help it.
In a study by Nolo, personal injury clients who retained an attorney received an average of three times more compensation in settlements and awards than those who proceeded independently.
Focused Legal Strategy for Your Financial Recovery
After an accident, many injury victims face concerns about how they will pay for their medical bills on top of providing for their families. You have the legal right to seek compensation from the party or parties responsible for your accident. Our Virginia motorcycle accident lawyers focus on helping you obtain the financial resources you need to begin the next chapter in your life comfortably.
The first thing we do for each client is conduct thorough investigations to determine all their damages, including those that may be hidden, and identify the liable party. Then, we can help them through the claims process, advocating for their rights at every step of the way.
In a motorcycle accident claim, you may be able to recover damages including:
- Medical and healthcare costs, including emergency medical response, tests and evaluations, prescription drugs, surgery, etc.
- Long-term medical care, including ongoing medical treatments such as cognitive therapy after a traumatic brain injury or physical and occupational therapy after an amputation or spinal cord injury.
- Lost wages if your injuries prevent you from being able to work on a short or long-term basis. We will work with experts to determine how a claim or lawsuit should address lost wages and other employment benefits.
- Pain and suffering, to account for ways the accident has negatively impacted your daily life.
- Other accident expenses, which we can identify based on your story and injury. These damages include out-of-pocket expenses such as assistive medical devices, vehicle repairs, in-home assistive care, and other accident-related costs.
Legal Challenges for Motorcyclists
Motorcycle accident claims can involve various legal complexities. Some common challenges include:
- Bias Against Motorcyclists: Our firm has found serious motorcyclists among Virginia's roadways' most careful and well-trained drivers. Unfortunately, there's often a bias against motorcyclists, assuming they're at fault due to stereotypes. This bias can affect the perception of the accident and influence legal proceedings.
- Determining Fault: Establishing fault can be challenging, especially in multiple vehicle accidents. Evidence such as witness statements, police reports, and accident reconstruction may be necessary to determine who was at fault.
- Serious Injuries: Motorcycle accidents tend to result in severe injuries due to the lack of protective barriers. Proving the extent of injuries and their impact on the victim's life can be critical for fair compensation.
- Insurance Issues: Dealing with insurance companies can be complex. They might try to minimize payouts or shift blame. Understanding insurance policies and negotiating with adjusters is crucial.
- Negligence and Liability: Proving the other party's negligence is key. This involves showing that the other driver breached their duty of care, directly causing the accident and subsequent injuries.
- Contributory Negligence: These misconceptions can damage your potential for a fair settlement or trial outcome. If you are found to hold even 1% of the fault for an accident in Virginia, you lose the right to recover anything.
- Legal Procedures: Navigating the legal system can be daunting. Understanding legal procedures, filing paperwork correctly, and adhering to court deadlines are essential for a successful claim.
- Inadequate Compensation: Insurance settlements might not fully cover the damages, especially future medical expenses or loss of income. Negotiating for adequate compensation requires thorough documentation of losses.
- Emotional Challenges: Dealing with the aftermath of a motorcycle accident can be emotionally taxing. This emotional strain might affect decision-making and negotiations.
The Importance of Collecting Evidence After a Motorcycle Accident
Empower yourself by gathering evidence following a motorcycle accident. This proactive step is crucial for building a strong legal case and increases your control over the situation. The more comprehensive the evidence, the better the chance of securing a fair settlement. Here’s a guide on what to collect:
- Photographic Evidence: Capture clear and detailed photos of the accident scene, vehicle damage, injuries, and other pertinent details. These images can play a crucial role in demonstrating the extent of the damage and your injuries.
- Police Report: Secure a copy of the police report and an official accident record. This report can be essential for establishing fault and supporting your claim.
- Medical Documentation: Retain all medical records and bills associated with your treatment, including those from emergency room visits, hospital stays, prescriptions, and follow-up care. These documents are crucial for substantiating your claim.
- Witness Information: Collect contact details and statements from anyone who witnessed the accident. Their accounts can provide important, unbiased support for your claim.
- Accident Reconstruction: In more complex cases, specialists can examine the accident scene and offer professional insights into how the incident occurred.
- Insurance Information: Gather all insurance documents and correspondence related to the accident. This includes both your policy and the at-fault party’s policy.
- Personal Notes: Document your observations and feelings about the accident and its impact on your daily life. This can help you evaluate pain and suffering.
Properly documenting these elements can significantly impact the outcome of your case, ensuring that you receive the compensation you deserve.
Contact Our Alexandria Motorcycle Accident Lawyers Today
The team at The Barrera Law Firm, PLLC understands the unique challenges you will face in your struggle for full compensation. For each client, we strive to build a case that clearly proves why they are entitled to the money they need to pay for all accident-related costs. This means offering proof not only of the damages you’re facing but also of your innocence in the accident. An insurance claim isn’t a process you can afford to concede. While you might not have the energy to deal with the constant negotiations just to get the money you’re legally owed, our team doesn’t give up.
We’ve taken more than 100 cases to trial and we’ll do the same for you if the at-fault party’s insurer refuses to grant your right to compensation. Call our team today to see how we can help if you were involved in a motorcycle accident in Virginia, Maryland, or D.C. We’re available 24/7 to speak with you.
Contact The Barrera Law Firm today to meet with our motorcycle accident attorneys in Alexandria!