The small size and exposed nature of a motorcycle make riders vulnerable if they are involved in a collision. Most motorcycle accidents result from driver negligence. In some cases, drivers may not see motorcycles, particularly when they change lanes, make turns, or pull out of a driveway. Unfortunately, the injuries suffered by a motorcyclist tend to be severe and can have life-altering ramifications. If you or a loved one has been injured while riding a motorcycle, the Fairfax motorcycle accident lawyers at Robinson Law can help. Relying on a combined experience of over 50 years, we can diligently advocate on your behalf in pursuit of maximum compensation from the at-fault party. We assist people in Fairfax, Alexandria, Arlington, Loudoun, and throughout Northern Virginia.Personal Injury Claims Based on Motorcycle Accidents
Many personal injury claims following a motorcycle crash assert that the at-fault driver was negligent, or careless. All drivers are expected to operate their vehicles in a safe manner, avoiding foreseeable harm to others on the road. Reasonable drivers abide by traffic rules, and they adapt their behavior to the weather, road conditions, and other factors.
In order to successfully recover damages from a defendant driver, a victim asserting a negligence claim must show that the driver owed them a duty of care, breached this duty, and caused the accident and their resulting injuries. The duty of care owed by all drivers to others on the road is to operate their vehicle as a reasonable person would under similar circumstances. For example, it is reasonable for a driver to slow their speed during a storm or in a construction zone, and to refrain from texting behind the wheel or driving drunk. Establishing negligence requires a careful analysis of the facts of the case.
In certain motorcycle accidents, a manufacturing or design defect in a vehicle caused the accident. Of the many components of a motorcycle, common issues tend to lie in brake pads, fuel tanks, and engines. A manufacturer or seller may be held strictly liable if the product was defective at the time that it left its control, and this directly caused the plaintiff's injuries.Damages for Motorcycle Accidents
After successfully showing fault with the assistance of a motorcycle accident attorney in Fairfax, the victim can set forth their damages. These damages usually include medical costs, such as hospital and physical therapy bills. Because of the exposed nature of the bike, motorcycle riders are more vulnerable to serious injuries, including brain injuries, back and neck injuries, and amputations. These costs can be massive, and it is important to set forth a full picture of the current and future medical needs of an injured motorcyclist.
Lost income due to injuries that prevented you from working may also be recovered in an injury claim following a crash. Future lost earnings are also included in a damages calculation, as well as vocational rehabilitation costs if you cannot return to your former occupation due to your injuries. Non-economic damages, such as emotional pain and suffering, are also included in compensatory damages. Victims may be aided by the use of an accident reconstruction specialist, as well as a medical expert who can attest to the impact of the collision upon the victim.
In the case of a fatal accident, loved ones may retain a Fairfax motorcycle accident attorney to pursue a wrongful death claim on behalf of the deceased person. This type of claim serves to compensate surviving spouses and other family members for the loss of a loved one who would have been entitled to bring a personal injury claim had they survived the accident. Financial compensation can help families during an emotionally devastating time after they may have lost their primary wage earner. Often, this compensation includes medical bills, lost future income, and funeral expenses.
It is important to understand the doctrine of contributory negligence, since it may affect an accident victim’s claim for damages. This holds that if the injured plaintiff is partly to blame for the accident that led to their injuries, they may be barred from recovering any damages. This means that even if the plaintiff motorcyclist was only 1% at fault, they will not recover damages from a 99% at-fault driver. Contributory negligence may be asserted by the defendant as a means to prevent the plaintiff from recovering damages. A skilled injury attorney can help set forth a strong argument in favor of a victim whose recovery may be challenged by this harsh doctrine.Discuss Your Case With a Skilled Motorcycle Accident Lawyer in Fairfax
At Robinson Law, we are here to help motorcycle accident victims pursue damages following a crash. The serious, debilitating injuries that often accompany motorcycle accidents can affect the rest of your life. We are here to explain your legal rights and assert a strong claim for compensation on your behalf. To learn more about your legal options, call our office for a free consultation at (703) 649-4500 or reach us online.