The thrill of riding a motorcycle in Virginia is undeniable, whether you take in the scenery of the mountains or the beauty of the Atlantic Ocean. Unfortunately, some bikers find themselves at risk of serious injury on those same beautiful roads.
Motorcyclists are more vulnerable than drivers and occupants of passenger vehicles. That’s why they’re so motivated to ride safely. But there’s nothing you can do to protect yourself from a reckless or negligent motorist hitting you from behind.
If you’re hit from behind while riding a motorcycle, the effects can be catastrophic. If you sustained injuries from a rear-end accident, you need a lawyer well-versed in motorcycle accident cases. At CHASENBOSCOLO, we can work to get you the compensation you deserve and need to allow a full financial recovery.
Recovering from the consequences of a motorcycle rear-end accident can take a physical and mental toll. You shouldn’t have to be concerned with financial stress while you need to focus on healing. If someone else caused your wreck, you could be owed financial damages from the at-fault party.
At CHASENBOSCOLO, our award-winning Virginia rear-end motorcycle accident lawyers may be able to get you the compensation you deserve for your medical bills, lost wages, pain and suffering, and more. Contact us today at (703) 538-1138 to schedule a free case analysis during which we can provide answers to your questions and advise you of your legal options.
Common Causes of Motorcycle Rear-End Accidents
When motorcyclists are rear-ended in a collision, it’s usually because of another driver’s negligence. That means that the other driver could be held legally responsible, or liable, for the costs of the injury and damages they cause.
Common causes of these accidents include:
- Driving Under the Influence: A driver who is impaired by alcohol or other drugs will have a difficult time seeing a motorcyclist on the road and a slow reaction time, potentially causing them to rear-end you at a high rate of speed.
- Distracted Driving: Drivers may be distracted by any number of things, including reaching down to change the radio, drinking a coffee cup, or texting while driving. This can prevent them from stopping in time or from even seeing you at all.
- Tired Driving: It’s reckless to operate a vehicle while tired or drowsy, but many drivers still do it. In fact, it’s just as dangerous as drunk driving. If a driver falls asleep at the wheel, then they could rear-end you
- Inclement Weather: Rain, ice, or snow can make the roads slippery and hinder cars from stopping in time. Foggy conditions decrease visibility. Since motorcycles are already harder to spot than cars or trucks, inclement weather can make it even more likely for negligent drivers to hit them.
What You Should Do If You’re Rear-Ended
If you’re rear-ended while operating a motorcycle, it’s like you’ll be injured and disoriented. If you’re able to, call 9-1-1 so that the emergency services can respond and assess the accident scene. Make sure they tend to your injuries and anyone else involved in the crash, including transportation to the hospital if necessary.
If you’re only minorly injured and don’t require immediate hospitalization, go to a doctor as soon as possible. You may have an invisible injury, such as a concussion. Once you’re safe, contact a personal injury lawyer to discuss the details of your case. An attorney can handle communication with your insurance company and coordinate with the police to get a copy of the crash report and any witness statements. They’ll help you seek the compensation you’re owed for your injuries.
Reasons to Hire an Auto Accident Attorney
Recovering from a motorcycle accident can be trying and may take a long time until you feel better. Since it can take months or years to recover, hiring an auto accident attorney can provide an invaluable service to you. You must file your claim or lawsuit before the statute of limitations runs out. In Virginia, there’s a two-year statute of limitations for personal injury claims.
Your lawyer will also talk with your insurance company as well as the other party’s insurer to handle any negotiations on your behalf. You can have the peace of mind that your rights are protected while you focus on recuperating from the accident and the injuries you sustained.
A skilled lawyer, like ours at CHASENBOSCOLO, will fight to get you the maximum compensation from the at-fault party’s insurance company. They may try to avoid a large payout, but your lawyer will how to defend your claim to a fair settlement. They’ll represent you aggressively in court if they have to.
Contributory Negligence Laws & How a Lawyer Can Help Fight Them
Most states operate under some form of comparative negligence, but the Commonwealth of Virginia is one of the few places that uses a much harsher standard. Contributory negligence essentially means that the other driver must be found 100 percent at fault for the accident in order for you to recover damages. If you’re assigned any part of the blame for the crash, then you can’t receive any compensation for the accident or your injuries.
Insurance companies will often try to use this standard to their advantage and argue that you shared some of the blame for the accident. An attorney who has successfully fought against these cases can prove that the other driver was fully responsible for rear-ending you while you were on your motorcycle. Ours have the experience necessary to do just that.
Types of Compensation You May Be Able to Receive
When you file a claim for a rear-end motorcycle accident and your lawyer proves that the other driver was full at-fault for the crash, you’ll be entitled to collect certain types of compensation.
Those damages can include but are not limited to:
- Lost Wages: If you were working at the time of the accident, you probably missed time at work while you were recuperating from the injuries you sustained in the accident. You may be able to recover the value of those lost wages, as well as potential future lost wages.
- Medical Costs: With any accident, medical costs can be staggering. A motorcycle accident recovery may involve extensive rehabilitation or physical therapy on top of hospital stays, surgery costs, prescription medicines, doctor visits, and much more. You may be able to recover the money you spent on medical bills.
- Property Damage: Any damage your motorcycle suffered in the accident should be covered in your settlement or judgment. You may recover the cost of repairs or a total replacement for your motorcycle.
- Pain & Suffering: The only cap Virginia sets for non-economic damages is for claims against the government. That’s set at $100,000 or the maximum insurance policy payout. There’s no cap on other claims.
- Wrongful Death: If your loved one died as a result of the motorcycle accident, no legal action can erase your pain and grief. But a wrongful death claim can relieve the financial burden of their injury and loss of income.
Your motorcycle accident lawyer will advise you on the types of damages you can demand in your personal injury claim. Contact an attorney at CHASENBOSCOLO with any questions you have regarding the maximum compensation for your claim.
Frequently Asked Questions About Motorcycle Rear-End Accidents
At CHASENBOSCOLO, we field a lot of questions about motorcycle rear-end accidents as well as the strict negligence laws in Virginia. Read about some of the answers to the most frequently asked questions here.
How can an insurance company claim that I was negligent if I was rear-ended?
In any accident, insurance companies are only looking out for themselves and not for you. They will try to find any way to blame you for the crash or pain you as negligent. For example, if they find that you had a burnt-out brake light, they may argue that your motorcycle was not as visible as it could be. This is where your lawyer can step and argue your side to protect your right to compensation.
What kind of safety gear are motorcyclists required to wear in Virginia?
Virginia state law dictates that motorcyclists must wear a safety helmet and some kind of eye protection if their motorcycle doesn’t have a windshield. To increase visibility on the road, it’s also recommended to wear reflective clothing and synthetic fabrics that don’t catch on fire easily.
Why You Should Hire CHASENBOSCOLO for Your Motorcycle Rear-End Accident Case
At CHASENBOSCOLO, we’ve won millions of dollars in damages and compensation for clients across Virginia, Maryland, and Washington, D.C. Our team has been recognized by Super Lawyers, the American Association for Justice, and much more.
We’ve been recognized because we value our clients and their goals. We’ll fight tirelessly for you to resolve motorcycle rear-end accident claim successfully. Call the compassionate legal team at CHASENBOSCOLO today at (703) 538-1138 to set up a free, no-obligation consultation. We can take the first steps in getting your life back on track after your motorcycle accident.
