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Were you injured while riding your motorcycle in Arlington in an accident that was someone else’s fault? At Marks & Harrison, we understand motorcycle accident victims’ unique challenges and want to help you seek justice and fair compensation for your injuries.
Our skilled team of motorcycle accident attorneys thoroughly understands personal injury law and has extensive experience handling motorcycle accident cases. We are committed to providing compassionate guidance and unwavering support throughout the legal process.
Contact one of our Arlington motorcycle accident lawyers for a free consultation today, and let us fight for your rights. We are available 24/7 and are bilingual in English and Spanish.
What Are the Main Causes of Motorcycle Accidents in Arlington, VA?
Motorcycle accidents in Arlington can occur due to various factors, including:
- Distracted driving – Motorists distracted by cell phones, navigation systems, or other activities often fail to notice motorcycles sharing the road.
- Driver inattention – Drivers who don’t pay enough attention to their surroundings may not see motorcycles approaching.
- Failure to yield – Motorists who fail to yield the right of way to motorcycles at intersections contribute to many crashes.
- Intoxicated driving – Operating a vehicle under the influence of alcohol or drugs results in impaired judgment, reaction time, and coordination, increasing the risk of motorcycle accidents.
- Lack of visibility – Motorcycles are smaller and less visible than other vehicles on the road. When drivers fail to see motorcycles, they’re more likely to crash into them.
- Lane change and intersection crashes – Many accidents occur when drivers fail to check their blind spots or properly signal their intentions during lane changes or at intersections.
- Speeding – Excessive speed reduces a driver’s time to react to changing traffic conditions ahead and increases the severity of accidents.
- Unsafe road conditions – Potholes, debris, and other hazards on the road can pose significant dangers to motorcyclists, leading to loss of control and accidents.
What Are Some Common Injuries in a Motorcycle Accident?
Motorcycle accidents can result in severe injuries due to the rider’s lack of protection and their bodily exposure to the impact of a collision.
Some common injuries sustained in motorcycle accidents include:
- Broken bones and fractures – The impact of a motorcycle accident can lead to broken bones and fractures in the extremities. These injuries often require surgery, immobilization, and rehabilitation.
- Brain injuries – Traumatic brain injuries (TBIs) are a significant risk in motorcycle accidents, even with helmet use. Head injuries can range from concussions to more severe brain damage, leading to long-term cognitive impairments.
- Internal injuries – The force of impact in a motorcycle accident can cause organ damage, internal bleeding, and injuries to the chest or abdomen. Internal injuries may require immediate medical attention and surgical intervention.
- Limb amputations – The severity of a motorcycle accident can lead to serious limb injuries that may cause traumatic amputation or require surgical amputation.
- Road rash – When a motorcyclist skids or is thrown from their bike, the friction between the body and the road can cause abrasions – commonly known as road rash. Road rash can range from mild scrapes to deep, painful lacerations or burns that may require extensive medical treatment.
- Spinal cord injuries – Motorcycle accidents can cause severe damage to the spinal cord, resulting in partial or complete paralysis. These injuries can have life-altering consequences, affecting mobility, sensation, and overall quality of life.
Why Are Motorcycle Injuries More Severe Than Car Accident Injuries?
Motorcycle injuries are typically more severe than car accident injuries due to several factors. Motorcycles lack the protective structure of cars, leaving riders more exposed to the impact of a collision. Without seat belts, airbags, or the surrounding metal frame, riders are more vulnerable to direct contact with other vehicles, objects, or the road.
The size and maneuverability of motorcycles make them less visible to other drivers, increasing the risk of accidents. Motorcycles are also less stable and balanced than cars, making it easier for riders to lose control and suffer more severe injuries in crashes.
The combination of these factors contributes to the higher likelihood of severe injuries in motorcycle accidents compared to car accidents, such as head trauma, spinal cord damage, fractures, and road rash. If you were involved in a motorcycle crash, contact an Arlington motorcycle accident lawyer at Marks & Harrison now.
Who Is At Fault in an Arlington Motorcycle Accident?
Determining fault in an Arlington motorcycle accident follows the same general principles as any other accident. The at-fault party is typically the one whose negligence or recklessness caused the collision.
Several parties can be potentially at fault for a motorcycle accident, including:
- Negligent motorists – A motorist who fails to yield the right of way, change lanes without checking blind spots, drives distracted, speeds, or violates traffic laws may be responsible for the accident.
- Impaired drivers – If another road user operates their vehicle while under the influence of drugs or alcohol, their reflexes, judgment, and awareness will be compromised. A driver under the influence could crash into a motorcycle due to any of those compromised faculties.
- Road maintenance authorities – Poorly maintained roads, such as potholes, uneven surfaces, or inadequate signage, can create hazards for motorcyclists. The responsible authority may be liable if the accident resulted from negligent road maintenance.
- Vehicle manufacturers – Sometimes, a defect in the motorcycle or its components may contribute to the accident. The manufacturer or distributor may be responsible if it creates a defective part.
A thorough investigation, examination of evidence, and expert analysis may be necessary to establish fault. Consulting with an experienced Arlington motorcycle accident attorney is crucial to accurately determine liability.
Are Motorcycle Helmets Required in Virginia?
Under Va. Code § 46.2-910, motorcycle riders and passengers must wear helmets. The law mandates that all motorcyclists, regardless of age, wear approved helmets while riding on public roads. Failure to comply with the helmet law may result in penalties and fines.
What Compensation Can I Receive for My Motorcycle Accident Claim?
In Virginia, motorcycle accident victims can pursue various forms of compensation for their losses.
These losses from a motorcycle crash may include:
- Current and future medical expenses associated with the injuries sustained in the accident
- Rehabilitation costs
- Lost wages or earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- The overall impact of the injuries on their well-being
The experienced Arlington motorcycle accident lawyers at Marks & Harrison know how to assess the total value of your claim so that you can demand the compensation you’re entitled to without missing anything. Our years of experience allow us to identify all areas where you might suffer losses in the future, as well as the material expenses you’ve suffered already. We can calculate a settlement amount that will be fair compensation for your losses.
Will My Lawsuit Be Affected If I Was Not Wearing a Helmet at the Time of the Crash?
Va. Code § 46.2-910 specifically states that not wearing a helmet, safety glasses, goggles, or a face shield cannot be considered “negligence per se.” That means that even if you fail to wear those items, you can’t be found negligent just because of that failure. However, that doesn’t necessarily mean you’re entirely in the clear.
In Virginia, personal injury and negligence laws follow the principle of pure contributory negligence. Under this rule, someone who contributes in any way to their accident may be barred from obtaining compensation.
For a victim to be entitled to financial compensation in Virginia, the other party or parties must be 100 percent responsible for the accident. The pure contributory negligence rule can make it challenging for injured individuals to seek compensation. Even a small portion of fault may prevent them from recovering damages. A knowledgeable motorcycle accident attorney can safeguard your interests and work to keep the insurance company from shifting blame for the crash to you so they won’t have to pay.
What Is the Virginia Statute of Limitations for a Motorcycle Accident Claim?
Virginia’s statute of limitation under Va. Code § 8.01-243 sets the deadline for filing a motorcycle accident lawsuit. In most cases, you have two years from the accident date to file a lawsuit to pursue compensation from the at-fault party. If you miss the deadline, the court could dismiss your case without a hearing.
Contact an Arlington Motorcycle Accident Lawyer
If you are an Arlington motorcyclist who was injured by another party’s wrongdoing, reaching out to a skilled lawyer is vital to protect your rights and work through the complexities of the legal system. The aftermath of a motorcycle accident can be overwhelming. You likely have physical injuries, emotional distress, growing medical bills, and the possibility of lost wages looming. An experienced lawyer specializing in motorcycle accidents understands your unique challenges and can provide the necessary guidance and support.
Don’t bear the burden alone. Contact an Arlington personal injury lawyer at Marks & Harrison for help throughout the legal process. Let us work to seek the compensation and closure you need to move forward with your life. Call us any time, 24/7, for a free consultation in either English or Spanish.