Have you been hurt in a motorcycle accident in Fairfax due to someone else’s negligence? You may have the right to pursue compensation for the financial and personal losses you suffer due to the motorcycle accident. However, at-fault drivers and insurance companies sometimes make it challenging for injured motorcycle riders to recover the money they need after an accident.
Turn to a Fairfax motorcycle accident lawyer from Marks & Harrison to help you seek compensation for your medical expenses, lost income, and repair bills. For over a century, our firm has advocated for the rights and interests of Virginians injured by the wrongdoing of others.
Our legal team includes 27 attorneys and 88 support staff, including former claims adjusters, investigators, and law enforcement officers who provide extensive investigative experience. We have the knowledge and resources to handle even the most challenging injury claims. Our reputation and track record of success have made us the only law firm in Virginia to earn the four most prestigious awards of the Virginia Trial Lawyers Association.
After you’ve had an accident on your motorcycle, get experienced legal representation to help you pursue compensation and justice from those responsible for the accident. Contact Marks & Harrison for a free initial case review and discuss your options with a knowledgeable Fairfax motorcycle accident attorney.
What Are Some of the Most Common Causes of Motorcycle Accidents in Fairfax?
Many motorcycle accidents occur due to the negligence of other drivers on the road. Careless motorists may drive dangerously around vulnerable motorcyclists.
Some of the most common causes of motorcycle crashes in Fairfax include:
- Speeding
- Following too closely
- Reckless driving, including swerving through traffic
- Failing to yield the right of way
- Turning or changing lanes without checking mirrors or signaling
- Running red lights or stop signs
- Distracted driving
- Drowsy driving
- Impaired driving
However, negligent drivers on the road aren’t the only ways accidents happen. Other factors can contribute to a motorcycle accident, such as bad weather, low lighting, or poor road conditions like potholes or black ice. Contact our Fairfax motorcycle accident lawyer today.
What Injuries Happen Most Often in Motorcycle Accidents?
Motorcycle accidents tend to cause severe injuries for riders lacking the protection of safety features in vehicles like seatbelts or airbags.
Examples of common injuries that occur in motorcycle accidents include:
- Broken bones
- Brain injuries
- Burns
- Road rash
- Internal injuries
- Degloving injuries
- Torn ligaments, tendons, or muscles
- Whiplash
- Nerve damage
- Spinal injuries, including herniated discs or spinal cord damage
- Traumatic amputation or limb loss
What Are Virginia’s Motorcycle Laws?
Motorcycle riders in Virginia must follow specific legal requirements when riding a motorcycle. These laws help keep riders safe, especially if they have a crash on their motorcycle. Key Virginia motorcycle laws under Va. Code § 46.2-910 include:
- Helmet required – Virginia has a universal helmet law. All operators and passengers must wear a helmet that meets or exceeds the standards set by the U.S. Department of Transportation, the American National Standards Institute, or the Snell Memorial Foundation.
- Eye protection required – Riders must wear eye protection unless their motorcycle has a windscreen. Proper eye protection includes a face shield or visor attached to a motorcycle helmet, goggles, or safety glasses.
- Helmet speakers are allowed, but only for communication – Code § 46.2-1078 also specifies that riders may not wear earphones while riding a motorcycle. However, riders can wear helmets that have speakers built into the helmet for communicating with a passenger or fellow riders. Riders can also wear prescribed hearing aids.
What Are the Insurance Requirements for Riding a Motorcycle in Virginia?
Motorcycle owners must have liability insurance that meets the minimum coverage requirements under Va. Code § 46.2-472. Currently, they must carry:
- $30,000 in bodily injury liability coverage per person
- $60,000 in bodily injury liability coverage per accident
- $20,000 per accident in property damage liability coverage
However, these limits will increase soon. Beginning January 1, 2025, insurance policies must have:
- $50,000 in bodily injury liability coverage per person
- $100,000 in bodily injury liability coverage per accident
- $25,000 per accident in property damage liability coverage
Is Lane Splitting Allowed in Virginia?
Lane splitting refers to riding a motorcycle on a road line, lane divider, median, or between rows of traffic. Virginia does not allow motorcycle riders to lane split. Although some riders split lanes to get through slow or stopped traffic more quickly, Virginia considers the practice too dangerous for motorcyclists. A driver may turn or change lanes without expecting a motorcycle in between rows of vehicles, leading to collisions.
Every motor vehicle, including motorcycles, has the right to the entire width of a traffic line. No vehicle may operate next to a motorcycle in the same lane, except that two motorcycles may ride side-by-side in the same lane. Get in touch with our Fairfax motorcycle accident attorney now.
What Should I Do Immediately After a Motorcycle Accident?
After getting into an accident on your motorcycle, you need to protect your health and safety. You can also work to preserve your options for pursuing compensation from the parties at fault for the accident.
Steps you should take after a motorcycle crash include:
- Report the accident to law enforcement and request copies of police accident reports.
- Seek immediate medical attention to get examined for injuries you sustained in the crash.
- Notify your motorcycle insurance company about the accident.
- Follow your doctor’s treatment plan for your injuries. Adhere to any medical restrictions or limitations your doctor gives you.
- Request copies of your medical records of the treatment of your injuries.
- Gather your pay stubs or income statements if you miss work or earn less due to your injuries.
- Keep all bills, invoices, and receipts of expenses you incur due to the accident.
- Start a diary or journal to document your injury recovery, including physical pain, emotional distress, or limitations on activities you experience due to your injuries and medical treatment.
- Contact a Fairfax motorcycle accident lawyer from Marks & Harrison to pursue compensation for your injuries and losses.
Who Can Be Held Liable in a Fairfax Motorcycle Accident?
Depending on the cause of a motorcycle accident, different parties may have liability for the injuries and losses you suffer due to the crash.
Examples of parties who may be responsible for a motorcycle crash include:
- Another driver
- The manufacturer of your motorcycle or another vehicle involved in the accident if a design or manufacturing defect caused the crash
- A local or state government is responsible for maintaining and designing roads
- The at-fault driver’s employer, including in accidents involving semi-trucks or commercial vehicles
What If I Am Partly Responsible for the Motorcycle Accident?
Drivers and insurance companies may try to avoid liability for a motorcycle accident by claiming that an injured rider bears some of the fault for the crash. However, having partial responsibility for causing a motorcycle accident can cause you to lose your right to recover compensation.
Virginia still follows the contributory negligence rule in accident cases, according to Baskett v. Banks, 45 S.E.2d 173 (Va. 1947). This rule states that an injured party cannot pursue a compensation claim if they bear any share of responsibility for causing their injuries.
Due to the harsh consequences of the contributory negligence rule, you need aggressive legal advocacy from a Fairfax motorcycle accident lawyer. They will fight to protect your interests if the other driver or insurance company tries to claim that you were partly at fault for the accident.
What Damages Are Available in a Motorcycle Accident Claim?
In a motorcycle accident claim, you may recover compensation for expenses or personal suffering that you experience due to injuries or property damage.
Your financial recovery in a motorcycle accident claim can include money for:
- Medical treatment and rehabilitation, including surgeries, hospitalization, prescription pain medication, or physical and occupational therapy
- Long-term care for permanent disabilities, such as home health services or housekeeping
- Loss of wages from missed work or reduced earnings while recovering
- Loss of future earning capacity and job benefits if you suffer a permanent disability
- Physical pain and emotional distress
- Loss of enjoyment and quality of life because of disabilities or visible scarring and disfigurement that negatively affects your daily activities
- Reimbursement of the value of your motorcycle if the accident destroyed it
- Costs to repair your motorcycle and repair or replace other damaged property, such as your motorcycle helmet or riding leather
How Long Do I Have to File a Motorcycle Accident Claim in Virginia?
Under Va. Code § 8.01-243, you typically have two years to file a lawsuit after suffering injuries in a motorcycle accident. Filing a lawsuit after the limitations period expires on your motorcycle accident claim risks losing your right to recover compensation. You should talk to a Fairfax motorcycle accident lawyer as soon as possible to learn how long you have to file your claim.
Contact a Fairfax Motorcycle Accident Lawyer
When you’ve suffered injuries in a motorcycle accident caused by another negligent driver or party, you deserve money for your medical bills, lost wages, and pain and suffering. Let a Fairfax motorcycle accident lawyer advocate for your right to compensation. Contact Marks & Harrison today for a free, no-obligation consultation. Learn how we can help in your recovery from life-altering injuries suffered in a motorcycle crash. Fairfax personal injury attorney.
