Alexandria Motorcycle Accident Lawyer

Alexandria Motorcycle Accident Attorney

Motorcycles can be both a fun and efficient means of transportation. They do, though, come with a greater level of risk when there is an accident. Riders who end up in this situation because of the negligence of others have a legal right to collect restitution for the costs that they’ve incurred.

However, taking on the insurance companies that are typically responsible for paying these claims usually requires the assistance of an experienced Alexandria motorcycle accident lawyer.

At Whitlock Law, LLC, we help victims of motorcycle accidents get the compensation that they deserve. The majority of our work is involved with all manner of motor vehicle accidents, including those involving motorcycles.

Whether a case is settled out of court or needs to be litigated is irrelevant to us, so long as our clients get the compensation that they deserve.

The Compensation Available in a Motorcycle Accident Claim

Restitution in a motorcycle accident claim will compensate only those costs that can be shown to be a direct result of the injuries that you suffered as a result of the defendant’s negligence. We must prove this connection, which is often done with the help of receipts, bills, and any other documentation of costs that you can collect.

These costs are divided largely into two forms of damages, although a third form may occasionally be awarded:

Economic Damages

When a cost has a clear financial component, it is compensated through economic damages. One of the largest categories of costs is typically the medical bills associated with the resulting injuries.

Additionally, any repairs or even replacement of the motorcycle due to the accident is covered. If the injury required you to miss work, lost wages are compensated. In the case of more serious injuries, future medical bills and lost earning capacity are also addressed through these damages.

Non-Economic Damages

The psychological and emotional costs that are associated with an accident and its resulting injuries are compensated through non-economic damages. Some of the more common examples of these costs include pain and suffering, mental anguish, and loss of enjoyment in life.

While money doesn’t directly solve these issues, the funds can indirectly provide some relief by reducing stress elsewhere and acknowledging their impact on your life.

Punitive Damages

Most cases won’t see punitive damages, which serve as a punishment and deterrent for heinous behavior. There needs to be something particularly ill-intentioned or egregious about the defendant’s behavior for these damages to be awarded. We can help you determine if these may be applicable in your case.

Contributory Negligence’s Potential Impact on Your Claim

The legal doctrine of contributory negligence has the potential to remove your opportunity to collect damages altogether. Under these rules, the defendant is given the opportunity to argue that the plaintiff is, at least partially, responsible for their own injuries.

If they are successfully able to make that argument, then a plaintiff who is even only slightly responsible for the accident could be prevented from collecting on their injuries.

The risk of contributory negligence is one of the elements that makes working with an experienced motorcycle accident lawyer so important. We understand and can anticipate how these arguments might be made based on our prior experience. This gives us a strong opportunity to defend against them and preserve our client’s right to collect damages.

The Parties That Could Be Liable in a Motorcycle Accident

For many people, their impulse may be to assume that another driver is the primary party at fault in a motorcycle accident. While this is true of many accidents, it is not the case in every circumstance. Many different parties could have involvement with vehicles on the road, and a negligent action by any of them could lead to an accident.

Some of these potentially liable parties include:

• A Driver Directly Involved in the Collision: Most accidents are the fault of a driver who has direct involvement in the collision. Typically, these collisions are a product of reckless driving, distracted driving, drunk driving, or some other violation of traffic laws.
• A Driver Indirectly Involved in the Collision: There are some cases where a driver who avoids ending up in the collision may still be at fault for the collision. They are usually driving erratically, forcing other drivers to take evasive actions to avoid colliding with them. However, that evasive action may lead them into a collision with yet another driver. This initial reckless driver, though, may be the one at fault if that were to happen.
• A Driver’s Employer: When a driver is involved in some sort of commercial activity, which is usually a delivery of some kind, their employer may be liable or partially liable for the accident. These cases are often strongest when the employer has a policy, such as strict delivery expectations, that could pressure a driver into taking more risks in their driving.
• The Government: Some accidents are caused by an issue with the quality of roads, lighting, traffic lights, and even absent or confusing signage. When that happens, the government responsible for these may be the liable party.
• A Parts Manufacturer: If a part has been properly installed and maintained, but fails or is defective in a way that causes an accident, it may be the manufacturer of the part that could be held liable.
• A Maintenance Provider: A failure to properly perform maintenance or install a part could lead to a vehicle becoming difficult to control and ending up in a collision. In these cases, it could be the maintenance provider who is at fault for the injury.
• Other Third Parties: Many vehicles on the road, such as trucking operations, have a number of different third parties that are involved with the industry. There is a possibility that any of them could be negligent in their duty and create an accident.

Proving Liability for Your Accident

Liability must be proven in a court claim for you to have the opportunity to collect damages that cover your injuries and costs.

This process is done using evidence from an investigation of the accident in Alexandria, VA, and it requires proving three key elements of negligence on the part of the defendant:

Duty of Care

The defendant must have had a responsibility to take reasonable precautions regarding the way that their actions may impact others and put them at any excess risk or danger. This responsibility is their duty of care. Given the potential risks associated with vehicles, everyone has a clear duty to be careful in their use or involvement with a vehicle.

Breach of Duty

To commit a breach of duty, the defendant must have failed to live up to the responsibility that they had in a given situation. We must prove both the actions that the defendant took in the situation involving the accident and describe how those actions constituted a breach of duty.

What constitutes a breach, though, will be highly specific to the circumstances. For instance, a driver may have a breach of duty by violating a traffic law. However, for the government to have a breach of duty, it could be a failure to replace a malfunctioning traffic light.

Cause of the Injury

Lastly, the injury must be proven to be a direct result of the breach of duty by the defendant. This will likely require proving first that the breach was what caused the accident and not some other negligence.

Then, we must demonstrate the precise nature of the injuries that you suffered and show how they were a result of the accident and not some pre-existing condition or injury that occurred after the accident.

What an Alexandria Motorcycle Accident Lawyer Can Do

An Alexandria motorcycle accident lawyer is responsible for helping their clients seek the compensation that they are owed to cover their costs. The process will often begin with a thorough investigation of the accident so that we can understand who the potentially liable parties are.

We can also gather evidence that can both help prove that liability and defend against claims that you were liable under contributory negligence rules.

Typically, before a claim goes to court, there is an attempt to seek a settlement that all parties are content with. In representing you in these negotiations, we can bring a depth of understanding of how these negotiations should go. However, if a fair agreement can’t be found, then we are prepared to seek proper compensation through litigation instead.

We Can Help You Get Restitution After a Motorcycle Accident

Those who have been injured in a motorcycle accident because of the negligence of others have a right to collect compensation for the costs they’ve incurred. There are possibly medical bills, property damage, lost wages, and psychological costs that you are due restitution for.

Getting that restitution, though, often requires the involvement of an Alexandria motorcycle accident lawyer, like the one at Whitlock Law, LLC. We use our experience with both settling and litigating these kinds of claims to pursue the compensation that our clients deserve.

Contact us if you’ve been in a motorcycle accident and are ready to discuss the options available to you.