There are many things to like about riding a motorcycle. These vehicles offer a sense of freedom unavailable with other methods of transportation, and they can be less expensive to purchase and maintain. The major drawback is the serious risk to injury they present to their riders.
When motorcycle accidents happen, riders could suffer much more severe injuries than passengers in a vehicle. These riders are exposed to the elements and have little in the way of protection from an impact.
If you have suffered a motorcycle crash injury, let a skilled personal injury attorney review your case. After carefully reviewing the facts of the accident, a Charlottesville motorcycle accident lawyer could provide you with a blueprint for bringing a successful claim against the at-fault party in the crash.
When a Charlottesville motorcycle crash attorney moves forward with a lawsuit, his or her primary goal is to establish that the other motorist was at fault. Compensation in these cases is only available when the rider can prove the other driver’s negligence.
A plaintiff must meet four elements to establish negligence. The first of these elements is demonstrating that a duty of care exists. A defendant has no obligation to compensate a plaintiff for an injury if he or she did not owe that person a duty of care. This step is rarely a major factor in these cases, as motorists owe each other the duty to operate their vehicles in a safe manner.
The second step in the process is demonstrating that the defendant violated this duty of care. When it comes to a motorcycle accident, there are many options for meeting this burden. Many cases involve the at-fault driver violating the rules of the road or a similar ordinance. Any traffic violation, including driving while intoxicated, speeding, or failing to signal could result in the breach of a driver’s duty of care.
Not only are defendants limited to paying compensation when a duty is owed, but they are also only responsible for damages that result directly from their negligence. This aspect is known as causation. If plaintiffs cannot tie their injuries directly to the defendant’s actions, they are not entitled to compensation.
The final step of the process is proving damages. If no recoverable damages occur, the plaintiff is not entitled to compensation. Compensable damages could include lost wages, pain and suffering, or medical bills, among other things.
The plaintiff in a motorcycle accident must take care to comply with the statute of limitations if they intend to file a claim for damages. The statute of limitations empowers the court to dismiss a case permanently if the plaintiff fails to bring a lawsuit on time.
Code of Virginia Section 8.01-243 highlights the statute of limitations for personal injury cases. According to the statute, the plaintiff has two years from the date of the crash to file a lawsuit. A Charlottesville motorcycle accident attorney could work with a victim to ensure compliance with this important requirement.
Motorcycle accidents are stressful events. The injuries that can come with them could result in long-term or permanent consequences. In some cases, they could require special assistance with your daily tasks for the rest of your life.
You have the right to rely on skilled legal counsel while pursuing your claim. Call a Charlottesville motorcycle accident lawyer The Warren Firm to learn more.