Determining Fault in Hampton Motorcycle Crashes
Assigning fault in a motorcycle crash is similar to the process for auto accidents. An experienced attorney must consider different sources of rules and responsibilities to determine who may have been at fault for causing a wreck. Like drivers, motorcyclists must abide by specific laws for the operation of their vehicles, and any violations could impact the assignment of liability for an accident.
The allocation of blame after a traffic collision impacts how much compensation you may be able to recover in damages. For help determining fault in Hampton motorcycle crashes, please reach out to Cooper Hurley Injury Lawyers today.
Bringing a Claim for Motorbiking Accidents
Anyone can make a claim if they were injured due to the negligent operation of a motor vehicle. This is true regardless of whether you were the operator or passenger of a motorcycle—you have the right to make an insurance claim against the negligent driver responsible for your injuries. Similarly, if a motorcyclist negligently operates their bike and causes a collision, any driver, passenger, bicyclist, or pedestrian may make a claim against the motorcyclist. An experienced Hampton attorney could help determine who may be held liable for a motorcycle crash.
Negligence Laws in Motorcycle Crash Cases
Hampton, along with all the jurisdictions in Virginia, follows a strict contributory negligence theory. Contributory negligence means that you are barred from any recovery if you contributed to the incident that caused your injuries. This is an all-or-nothing theory of law that insurance companies may use as a defense to avoid paying claims.
For the most part, it does not matter how egregious the driver’s conduct was in causing the accident. Even if they were going 50 miles over the speed limit, the driver and their insurance company do not have to pay damages if the injured biker was even one percent at fault. As such, it is critical to have a skilled Hampton personal injury attorney on your side to fight back against any allegations of contributory negligence in a motorcycle crash claim.
Contributory Negligence and Motorcycle Helmets
Contributory negligence does not apply to helmets in a motorcycle accident case. It is not a defense for an insurance company or a defendant to say that an injured person was negligent by not wearing a helmet. Regardless of whether you were wearing a helmet, a dedicated Hampton attorney could argue against allegations of partial fault after a motorcycle crash.
Standards for Motorcyclists in Civil Cases
There are generally two sets of standards when evaluating the conduct that a motorcyclist is required to uphold. The first is a general standard that a motorcyclist should operate his or her motorcycle as a reasonable person would under the circumstances. This standard considers traffic and roadway conditions, lighting, weather, and other factors that may impact how a reasonable motorcyclist would act.
The second standard is set by the Virginia Code, which outlines the laws for motorcyclists. This includes requirements for bike equipment inspections and traffic laws for highways and residential streets. Both standards come into play when evaluating the negligence of a motorcyclist or another driver on a roadway.
Enforcement of Motorcycle Laws in Hampton
In Hampton, motorcycling laws are generally enforced by the Hampton Police Department and the Virginia State Police. There are also motorcycle equipment requirements enforced by the Virginia Department of Motor Vehicles.
Discuss Motorcycle Accident Liability with a Hampton Lawyer
After a motorbiking accident, you may be wondering about your rights to pursue compensation for your losses. Virginia has strict laws regarding who may seek compensation, and if you are found partially to blame for your own injuries, you will not be able to recover anything at all. Unfortunately, defense lawyers and insurance companies often try to shift blame onto injured motorcyclists to avoid paying for damages.
It is essential that you work with a seasoned attorney to contest allegations of contributory negligence and secure the compensation you deserve. At Cooper Hurley Injury Lawyers, we could further explain the legal factors for determining fault in Hampton motorcycle crashes. Please give our firm a call today to discuss your case in a free consultation.