Motorcycle accidents are harrowing experiences. Once the dust settles, serious matters immediately arise, such as liability. But who decides fault? The answer lies with the legal system. The court will establish which party was responsible if you make a personal injury claim following a traffic accident.
Motorcycle riders are 27 times more likely to experience severe injuries in a crash. You may assume that the other vehicle was at fault, but this may not always be the case. So, what is the most common cause of motorcycle accidents?
The reality is that most incidents occur either because a car or truck driver didn’t see the motorbike or because the rider made a careless maneuver.
Both scenarios can give rise to claims for compensation to cover vehicle repair costs, medical expenses or other financial losses by either party if they believe the other was at fault.
How Can I Prove I Was Not At Fault In A Motorcycle Collision?
Experiencing a vehicle crash is highly upsetting. If you’ve ever looked into how to get a malpractice attorney to take your case, or dealt with other legal matters, you’ll appreciate the importance of professional legal support.
There are several things you should do in any accident:
- First, stop and help if somebody is injured. Provide your contact details, vehicle registration and license number. Failure to do so in Virginia law can result in a Class 5 felony.
- If no emergency medical attention is necessary, report the accident to either the Virginia Beach Police Department or Virginia State Police within 24 hours.
- Leave a note and make the police report even if you hit a vehicle or property that is unattended. Again, you must always stop and check whether anyone sustained an injury.
We also recommend collecting as much information as possible, which may prove essential in future compensation claims. That includes writing down your account of the collision, taking pictures, recording the other vehicle’s license number, and asking witnesses if they can provide their contact information to back up your recollection of events. An experienced lawyer can assist you with this process, ensuring you have a detailed log and supporting evidence that demonstrates your account.
What If Another Motorist Denies Responsibility For An Accident?
There are many ways to defend your interests and protect your rights, even if it proves challenging to prove fault in a motorcycle accident.
It would be best if you talk to an attorney as soon as possible while the collision is fresh in your mind. It is also vital to see if witnesses will help your cause.
You should also consider seeing a doctor or medical professional, even if you do not have any obvious injuries as they may surface later. Many incidents result in long-term or stress-related injuries that will carry a significant cost.
Virginia Beach Traffic Laws
Understanding Virginia Beach laws is crucial. Virginia is one of the few states that uses the legal principle called pure contributory negligence. In essence, that means you cannot bring legal action if you acted carelessly, even if your part in the incident was minor compared to that of the other driver.
Therefore, if you wish to make a compensation claim for an accident that occurred in Virginia Beach, you will be unable to do so if you admitted to any element of fault.
It is crucial to consult an attorney before you:
- Give a recorded statement.
- Sign any waivers.
- Make a personal injury claim.
Knowing who is usually at fault in motorcycle accidents is helpful, but a customized strategy reflecting your circumstances and losses suffered is essential if you pursue reasonable damages.
An accomplished lawyer will run through the facts of the incident, collate your evidence, and present a solid case to ensure you receive the reimbursement you are entitled to receive.