Motorcycle Accident Lawyer in Loudoun County
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If you have survived a motorcycle accident, you may feel grateful to be alive. You nonetheless may also be anxious about the future. You may be wondering how to deal with the financial burdens the accident has caused to you and your family.
Motorcyclists are often innocent parties when collisions occur. Drivers of cars and trucks often fail to see riders. While distractions are a primary cause of collisions, some drivers just fail to notice their surroundings.
We offer free claim reviews to motorcycle crash victims. You can get answers to your questions and find out what we can do for you. Call the Parrish Law Firm, PLLC, today for your free claim review at 571-229-1800.
Motorcycle Helmet Laws in Virginia
In Virginia, motorcyclists and their passengers cannot ride without a helmet under state law. If the motorcycle lacks a windshield or safety glass, riders and passengers should also wear protective eyewear.
Though wearing a helmet can feel cumbersome and inhibiting, proper helmets can protect against permanent brain injuries.
Filing a Claim or Lawsuit If You Were Not Wearing a Helmet
Motorcyclists and their passengers can pursue damages against a negligent third party. If another party’s wrongful act or breach of legal duty caused the accident, that party is potentially liable for damages.
However, if you were not wearing a helmet, the other party could claim your contributory negligence worsened your injuries. In this case, you would receive reduced damages.
Serious injuries can afflict even those riders who were wearing a helmet at the time of a crash. If a driver or passenger was wearing a defective helmet, there might also be a claim against the helmet manufacturer in addition to the other driver.
Compensation Available in Motorcycle Accident Cases
The compensation you can receive after a crash will vary depending on the specifics of your accident. Many motorcycle accident victims qualify for the following damages.
This category includes past, current, and future medical needs. A medical expert may evaluate you to determine the nature, extent, and costs that your future medical care will entail. In such an evaluation, we must also compare the present and future values of the same money, which in some cases can be significant.
If you suffered adverse mental effects from your crash, such as post-traumatic stress disorder (PTSD), you might also qualify for compensation for your mental health care.
If you have lost wages due to hospitalization, recovery, or follow-up appointments, you can request compensation for those damages. We can establish these losses with pay stubs, W-2s, and other employment records. We will also take into account the impact your injuries have on your future income.
If the accident has diminished your physical abilities or skills, you may have a loss of earning potential claim. An occupational or vocational specialist can evaluate your ability to perform the work you were doing before the accident. If you are not able to work in the same capacity, they can offer testimony on your future employment outlook. You can recover compensation for any difference between your pre-accident and post-accident earning capability.
Pain and Suffering Damages
A pain and suffering award compensates you for physical pain and emotional anguish that arose from the accident. You will most likely also have a claim for “inconvenience” to compensate you for the disruption to your life’s routine that the crash caused.
You may also seek property damages. This would include either repairs or replacement of your motorcycle. It also pertains to the damage or destruction of any other personal property—such the clothes and gear you were wearing at the time of the crash and any other personal items that were damaged.
If the at-fault party’s actions were particularly egregious, a victim may also pursue punitive damages. The court decides whether this applies to a case. A judge may instruct a jury to consider punitive damages, for example, in a case where a driver’s blood alcohol concentration (BAC) was well over the legal limit.
We can discuss your potential damages during your free consultation.
Reasons Not to Settle With an Insurance Company
After a crash, the at-fault driver’s insurance company may contact you with an offer to settle your claim quickly.
As attractive as a seemingly large sum of money from an insurance company might be—and as much as it might help financially—be wary. There are risks in succumbing to an insurance company’s pressure to settle.
You may not yet know the full extent of your injuries. By signing a settlement agreement with an insurance company, you are permanently waiving your rights to pursue any future claims. If, for example, what you originally believed to be concussion later presents as a more serious brain injury, you will have no recourse.
Insurance companies sometimes offer a settlement when you and your family are the most vulnerable. An insurance adjuster may also try to convince you that you were largely responsible for the accident and deserve no compensation.
An attorney can help you navigate the insurance claims process. We can collect evidence of the other party’s fault, calculate the value of your damages, and negotiate a fair settlement with the insurance company.
Results Matter at the Parrish Law Firm, PLLC.
At the Parrish Law Firm, PLLC, our clients come to us because they want the highest possible settlement. We take this obligation very seriously.
Call us today at 571-229-1800 for your free claim evaluation.