Norfolk Motorcycle Accident Lawyer

Norfolk Motorcycle Accident Attorney

Motorcycle accidents are some of the most dangerous accidents that can occur on the road. The victims often face significant costs, including medical bills, property damages, lost wages, and psychological costs.

The law says that these losses are the responsibility of whoever caused the accident. A Norfolk motorcycle accident lawyer may be able to help those injured get the compensation that they deserve.

At Whitlock Law, LLC, we have a deep understanding of motor vehicle accidents, including those involving motorcycles, as they comprise many of the cases that we’ve taken on over the years.

We put that experience to work for our clients and seek fair restitution on their behalf. We may be able to settle with an insurance company, but our firm is also prepared to go to litigation if that becomes necessary.

What a Norfolk Motorcycle Accident Lawyer Does?

A Norfolk motorcycle accident lawyer is responsible for seeking fair compensation for all the injuries that their clients have suffered because of an accident caused by the negligence of others. However, to accomplish this, they must perform several different functions and tasks.

Generally, these tasks are done as part of two, and sometimes three, of the primary roles that we take on:

Investigator

One of our first tasks is to conduct a thorough investigation of the accident. This process allows us to understand who is at fault for the accident and gather evidence that can be helpful in proving that liability.

We also search for evidence that may be useful in arguing against any claim of fault on your part, as that may be used to prevent you from collecting damages.

Negotiator

Representing you through the process of negotiations, usually with an insurance company, is one of the more important tasks that we can fulfill. These companies often make initial offers that are far below what they should be offering.

However, with a lawyer, they are more likely to know that those offers will not be accepted. They may also realize that there is a real possibility of the claim going to court, and they may be more willing to negotiate a deal that avoids that outcome.

Litigator

A settlement, though, isn’t possible in every situation, and the case may need to go to court to find a resolution. In those circumstances, we can continue to represent you through that process. We make the case for restitution based on the liability of the defendant and arguing against fault on your behalf.

The Available Compensation in a Motorcycle Accident Claim

The compensation that’s available in a motorcycle accident claim must cover all costs that are demonstrated to be a direct result of the accident and injuries you suffered. We must prove these links, often with documentation such as doctors’ notes, medical bills, and receipts for damage to your motorcycle.

All costs that are determined to be a result of the accident will be compensated through two or three forms of damages:

Economic Damages

For losses that have a direct monetary cost, there are economic damages. These include medical bills, property damage, such as repairs or replacement of the motorcycle, and any lost wages from missing work.

If the injuries are serious enough that there will be costs that extend into the future, then those will also be compensated, such as future medical expenses or lost earning capacity.

Non-Economic Damages

For costs that lack a financial element, which are often those that are more psychological and emotional, there are non-economic damages. In motorcycle accidents, this could involve:

• Pain and suffering
• Loss of enjoyment in life
• Loss of the use of a body part
• Mental anguish
• Any other psychological impact

The money paid doesn’t directly address the issue but serves as an acknowledgment of these costs and possibly a source of indirect help.

Punitive Damages

You may also possibly receive punitive damages. However, these are rarely awarded, as they are not determined by the costs that you incurred but rather the actions of the defendant, if they are determined to have been egregious in some way.

Therefore, unless there was something malicious about the actions of the defendant involved, they won’t typically be awarded in a car accident claim.

The Role of Contributory Negligence

Contributory negligence is one of the most important components of a personal injury claim, which is what a motorcycle accident claim would be. This allows the defendant to argue that the plaintiff was also negligent and, therefore, at least partially responsible for the injuries that they suffered. They must prove this in a similar way as the plaintiff must regarding the defendant.

If the defendant’s team is successful, there is a possibility that you may not be able to receive any damages. In other states, damages are typically reduced proportionately to the plaintiff’s share of fault.

However, in Norfolk, Virginia, even 1% fault on the part of the plaintiff is enough to bar them from recovery. This is why it is so vital that you work with an experienced motorcycle accident lawyer who understands this element of the process and can help defend against these accusations.

Possible Liable Parties in a Motorcycle Accident

While it may be true that, in most motorcycle accidents, it’s the driver who is at fault, they aren’t the only party that could potentially be liable in such a situation. A number of different parties could be involved in a vehicle accident, and any of them may be liable for any accident that occurs.

Some of the potentially liable parties include:

• Other Drivers: Other drivers are most frequently the liable party in motorcycle accident claims. They could be another driver who is directly involved in the collision, having violated a traffic law or otherwise behaved in an unsafe manner. However, it is also possible that a driver may indirectly cause a collision by driving recklessly, forcing other drivers to take evasive maneuvers that end up causing an accident elsewhere.
• The Government: The upkeep of roads, signs, and traffic lights are all the responsibility of the government that oversees them. If something about these issues was dysfunctional and led to an accident, then it may be possible that the government is liable for the resulting injuries.
• A Driver’s Employer: In cases where the driver was a delivery driver or engaged in some other commercial business, it’s possible that their employer could be liable. Usually, this is because something about their policies and expectations could have led to a driver feeling pressured to drive in an unsafe manner.
• A Part Manufacturer or Installer: When a part failure makes a vehicle difficult to control and leads to an accident, and the driver has attempted to maintain that part properly, then it could be the manufacturer or installer of the part who is to blame for the accident.

How Fault Is Shown in a Motorcycle Accident Claim

Fault in a motorcycle accident must be established before any damages are awarded. This is done by presenting evidence, such as police reports, documentation of the scene, and witness accounts, showing that the defendant was at fault for what happened.

To demonstrate fault, the plaintiff’s lawyer must demonstrate three elements of negligence:

• Duty of Care: For someone to have a duty of care means that, in a given circumstance, they have a responsibility to consider the impact of their actions. If their actions are going to cause an increased risk of injury to others around them, they have a duty to take reasonable precautions to prevent them. In any situation with motor vehicles, everyone has a duty to be careful because of the potential risk of injury involved.
• Breach of Duty: To breach one’s duty means that they have not lived up to their duty of care. Demonstrating this breach is done by showing the court what the defendant did and describing precisely how that failed to meet their duty. For instance, if the defendant is another driver, violating a traffic law may be considered a breach of duty.
• Causation: It must be proven that the breach by the defendant led directly to the injuries that were suffered by the plaintiff. This may often be done by showing first how the breach creates the accident that the plaintiff was involved in. Then, it must be shown how the accident produced the injuries that the defendant suffered.

Get the Restitution You Need After a Norfolk Motorcycle Accident

A motorcycle accident often leaves riders facing steep medical bills, costs to repair their bike, psychological impacts, and more. If you’re faced with these challenges, it’s important that you seek the compensation that you deserve.

Giving yourself your strongest chance of receiving that compensation often comes through working with a Norfolk motorcycle accident lawyer, like the one at Whitlock Law, LLC.

Our practice has taken on all manner of vehicle accident claims, including motorcycle accidents. Whether by settlement or litigation, we fiercely represent our clients and seek the restitution that they deserve. If you’re interested in your options and how we may be able to help you, contact us today.