Virginia Distracted Driving Motorcycle Accident Lawyers

Driving safely requires paying close attention to the road and to the actions of others. Vehicles often make moves that are unexpected, and a driver who is using their phone, eating, or performing some other action that takes their focus away from the road could cause an accident. This poses a particular risk to motorcyclists. Motorcycles’ thin profile makes them harder to spot, and given bikers’ lack of protection, a distracted driving accident could be catastrophic and even deadly.

If you or a loved one were injured in a motorcycle accident caused by a distracted driver, you need an attorney who understands Virginia traffic law. The attorneys at CHASENBOSCOLO have the experience needed to navigate the most complicated motorcycle accident cases. We’ll leverage our skills and resources to secure the maximum compensation you need to pay for your medical bills, lost wages, and pain and suffering.

Contact the motorcycle accident lawyers at CHASENBOSCOLO to discuss your case. Call (703) 538-1138 to schedule your free case review.

Why You Need A Lawyer

In a distracted driver accident case, it’s very important to hire an attorney who can conduct a thorough investigation of the crash, in order to determine negligence. They can research cell phone records, interview witnesses, and analyze photographs of the crash site to create a complete picture of what went wrong just before the accident, and whose actions or inactions are to blame for your injuries.

Your lawyer can negotiate with the insurance company and can gather all the necessary evidence, photographs, and medical records to put together a solid case for compensation. If necessary, they can file a lawsuit on your behalf.

Why Hire CHASENBOSCOLO To Handle Your Case?

For over three decades, the accident attorneys at CHASENBOSCOLO have been helping people throughout Virginia, Maryland, and Washington, D.C. secure the compensation and damages they need to recover from their accidents and move forward with their lives.

We take pride in our ability to deliver top-notch personalized legal representation to all our clients. We consider our clients to be like family, and we work hard to make sure they get the best resolution possible. When you hire CHASENBOSCOLO, your success becomes our personal mission.

It’s a strategy that has earned us numerous honors, including Martindale-Hubbell’s AV Preeminent® rating for the highest level of professional excellence. Our work has also been recognized by Super Lawyers, the Million Dollar Advocates Forum, and Multi-Million Dollar Advocates Forum.

Causes of Distracted Driving Accidents

Any activity that diverts a driver’s attention away from the road can cause them to miss something happening around them, leading them to make a fatal mistake and cause an accident. There are three primary types of driver distractions that may cause an accident:

  • Visual – the driver takes their eyes away from the road
  • Manual – the driver uses their hands to operate a device instead of the steering wheel
  • Cognitive – the driver shifts their attention to some other task

Often, distracted drivers are engaged in all three when they try to send a text message or scroll through social media while in traffic.

Motorcycle operators should understand that some of the drivers around them are not paying complete attention, and may not see them in the lane. Some of the most common distractions that drivers engage in include:

  • Texting – sending or reading a text message takes a driver’s eyes off the road for an average of five seconds, during which time a car at highway speeds will travel the length of a football field or farther.
  • Using a GPS device – Drivers must pull over and stop in a safe area before operating a GPS device or using a maps app on their phone. Even glancing down at directions for a few seconds poses a risk. Setting up voice navigation can make it much easier to use GPS while staying focused on the road.
  • Adjusting or changing music – Looking at a phone to change a playlist or even to change the volume can take the driver’s eyes away from traffic for critical moments. Listening to music is not important enough to risk a major wreck.
  • Grooming or applying makeup – People spend a lot of time in traffic, and they sometimes try to multitask on the way to work or to a meeting. Taking one’s hands off the wheel and looking in the mirror are incredibly dangerous to do while driving and are best done at home.
  • Handling other passengers – Dealing with children or pets in the car can be a major distraction, especially if they aren’t sitting still. Children need to be properly buckled into their seats. If they are causing a distraction, it’s usually safer to pull over and calm them down than to try to continue driving.
  • Losing focus – Sometimes, drivers zone out on long trips, and fail to recognize the dangers around them. This can cause a person to run a red light, because they were blindly following the car ahead of them, or try to move into a lane without looking.

Injuries in Distracted Driving Accidents

The potential for injury in a distracted driving accident can be great, especially if one of the victims was riding a motorcycle. Bikers have only a helmet and the clothes they’re wearing to protect them in a crash. Motorcycle accident injuries are often severe, and permanent damage is unfortunately not uncommon.

Some of the injuries you may experience in such a wreck include:

  • Road rash, or skin abrasions from scraping along the pavement
  • Broken and fractured bones and ribs from heavy impacts
  • Second-degree or third-degree burns, which could cause permanent scarring
  • Internal bleeding from puncture wounds caused by broken ribs or debris
  • Lacerations caused by flying glass or metal
  • Concussion from impact to the head
  • Lower-body injuries to the pelvis, hips, legs or knees
  • Traumatic head and brain injuries from heavy impacts, possibly leading to permanent brain damage
  • Neck and spinal cord injuries, sometimes causing partial or full paralysis

It is incredibly important to get immediate medical attention after any motorcycle or other accident. Even if you don’t feel injured, you may be suffering from internal damage or a concussion, which may take hours or days to show symptoms. If you refuse medical care or fail to get checked out by a doctor, the insurance company may try to claim that you weren’t injured at all, and you could be unable to collect compensation.

Frequently Asked Questions

We understand that you probably have many questions after an accident like this. While your attorney is the best source for any advice related to your own case, here are a few answers you may find helpful.

What is the contributory negligence rule, and how would it affect a lawsuit?

Virginia, Maryland, and Washington, D.C. are three of the few remaining states that practice contributory negligence, which bars a party from collecting any compensation if their actions contributed to an accident, no matter how slightly.

If a motorcyclist disobeyed a minor traffic law and was hit by a car, the motorcyclist would be unable to collect any damages, even if the driver of the car was mostly responsible for the accident because they were sending a text message.

Insurance company lawyers sometimes take advantage of this rule by arguing that the other party was negligent in order to avoid paying a claim. You need a lawyer who is well-versed in Virginia traffic law to protect you from legal maneuvers like this.

How can I prove that the other driver was distracted before the accident?

It’s not always obvious that the crash occurred because a driver was engaged in distracting behavior, but it is possible to put together evidence that supports this conclusion. An accident investigation can uncover cell phone records that will list any text messages sent at the time of the crash.

Witnesses may have seen the driver on their phone or putting on makeup. There will be an electronic trail if the driver was posting to social media or taking pictures with their phone. Some newer cars even have sensors that record whether the driver was adjusting the radio or other controls right before the crash.

What can I be compensated for?

Compensation will vary depending on the negligence shown by the other party and the severity of your injuries. Here are a few of the things that compensation might cover in an accident case:

  • Medical and hospitalization bills
  • Property damaged in the crash
  • Psychological and emotional treatment
  • Prescription drugs and painkillers
  • Long-term home care and rehabilitation costs
  • Wages lost due to time spent away from work during recovery
  • Loss of household income or loss of consortium due to the death or physical impairment of a family member
  • Pain and suffering
  • Funeral and burial costs

Your attorney will be able to give you a better idea of the amount of compensation you can expect in your own case and what it may cover.

Speak With a Virginia Distracted Driving Accident Lawyer Today

If you or someone you love have been injured in an accident with a distracted driver, you’re going through a terrible ordeal, and all your energy needs to be focused right now on healing and recovery. The motorcycle accident lawyers at CHASENBOSCOLO understand the pain and stress that come with a motorcycle accident—we help clients who are going through the same thing every day.

You don’t have to face this traumatic experience by yourself. Call us at (703) 538-1138 or fill out our contact form today to speak with one of our representatives and set up an appointment to discuss your case. Your first consultation is completely free.