Motorcycle Accident Frequently Asked Questions

We believe that no question is a bad question. In our section of Frequently Asked Questions, we give complete and thorough answers to the most common questions we get from motorcycle accident victims and their families. We add new questions and answers every week, so be sure to check back often. You can also call our office any time with your specific questions.
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  • What biases do people have against motorcyclists?

    Motorcyclists face unique challenges if they are involved in an accident while riding their cycles. One of those challenges is the bias people have about motorcyclists in general. Law enforcement, insurance companies, and those who witnessed the accident often stereotype bikers, assuming they behave in a careless manner, are reckless, and are irresponsible on the road. These prejudices can affect your claim and your ability to obtain fair compensation.    Biases against motorcyclists

    Reasons Behind Motorcyclist Bias in VA

    There are certainly many factors that contribute to the bias against motorcyclists, but some of the most common include:

    • Pop culture. In movies and tv shows, people on motorcycles are often considered “bad boys.” In the media, motorcyclists are typically portrayed as those who are wild and like to break the rules and push limits. No matter how untrue, these pervasive images have been shown to the public for a long time.
    • Road ownership. Everyone likes to have their own personal space, and this can include space on the road. Other drivers can be irritated or even resentful when they see a motorcyclist near “their” space. Additionally, they may be intimidated by a group of motorcyclists riding together and taking up long stretches of road, even when these groups are abiding by the law and riding safely.
    • Nervousness. Motorcycles can navigate the road much more easily than a car, especially when there is traffic congestion. Motorcyclists moving through stalled traffic can make other drivers feel nervous, especially if the driver is worried about visibility or has had a close call with a motorcycle in the past.

    How Motorcyclist Bias Can Affect an Accident Claim

    Bias against motorcyclists can have a negative impact on a motorcycle crash claim. The bias can make others quick to judge and blame the motorcyclist for a crash, even when it wasn’t the motorcyclist’s fault. Because other drivers, witnesses, and even law enforcement may view a motorcyclist as reckless, this bias can lead to:

    • Added liability. In an accident claim, determining liability is extremely important. This is especially true in Virginia, which follows contributory negligence rules. This means, if a crash victim is to blame for an accident in any way, he will be unable to obtain any compensation. For motorcyclists, this can be a significant concern, as it is common for others to assume the biker played at least some role in causing the crash. Motorcyclists may find themselves facing blame that drivers of other types of vehicles would not.
    • Lower settlement offers. Insurance companies know this bias exists, and they will use that knowledge to offer a low settlement. They may hope that the fear of this prejudice will keep motorcyclists away from pursuing a claim or from enlisting the help of an attorney.
    • Reduced damages compensation. Similarly, it may be the case that a judge or jury awards a motorcyclist less compensation than deserved. They, too, may give in to false ideas of a motorcyclist’s careless, unsafe behavior.

    If you or someone you love suffered injuries in a motorcycle accident, the attorneys at Kearney, Freeman, Fogarty, & Joshi, PLLC will review your case and discuss how bias may influence it. Our legal team has helped many motorcyclists address this unfair prejudice to obtain the compensation they needed to recover as fully as possible after a crash. Call our Fairfax office, or take a moment to fill out the contact form on this page to learn more about how we may be able to help.

     

  • Can I receive injury compensation if I wasn’t wearing a motorcycle helmet when a vehicle hit me?

    Yes, you can still seek compensation if you were injured while you weren’t wearing a motorcycle helmet. However, proving that you aren’t partially at fault for your injuries may be very difficult. The state of Virginia mandates helmet use because a helmet is the most important piece of safety equipment available to motorcycle riders. According to the Virginia Department of Motor Vehicles, helmets are about 29 percent effective in avoiding motorcycle fatalities and approximately 67 percent effective in preventing brain injuries. Failure to wear a helmet means that a motorcycle rider is 40 percent more likely to sustain a lethal head injury. Injury compensation if you didn't wear a helmet

    Virginia Motorcycle Helmet Laws

    According to Virginia Code 46.2-910, motorcycle operators and passengers are required to wear a helmet whenever the bike is in motion. The helmet must meet or exceed the specifications of the Snell Memorial Foundation, the American National Standards Institute, or the Federal Department of Transportation. Virginia also mandates that motorcycle operators wear a face shield, safety glasses, or goggles, or they must ride a bike equipped with safety glass or a windshield.

    Mitigation of Damages

    Some defense attorneys may attempt to argue that failure to wear a helmet is a form of contributory negligence. Virginia’s contributory negligence rules bar plaintiffs from recovery when their own behavior contributed to the accident. This means, if you are found partially responsible for your motorcycle accident, you may be denied compensation for your injuries. However, Virginia’s motorcycle helmet statute clearly states that simply failing to wear a helmet does not constitute proof of negligence.

    Every vehicle operator in Virginia has a legal duty to mitigate damages. Not wearing a motorcycle helmet may be seen as a failure to mitigate damages, since a helmet can significantly decrease the severity of head injuries. If a plaintiff failed to wear a helmet and suffered head injuries in a motorcycle accident, the defense may successfully argue that the lack of a helmet led to those injuries. This could result in damages being reduced or even eliminated entirely.

    Recovery for Injuries

    While it is true that failure to wear a helmet can impact your ability to recover damages, this is only the case in those instances where a helmet would have significantly reduced the probability of injury. A severe impact can overcome the protection offered by any helmet, resulting in severe head injuries. If it can be proven that you would have sustained head injuries while wearing a helmet, you may still be entitled to compensation.

    Furthermore, if you did not sustain head or neck injuries, failure to wear a helmet is legally irrelevant. This is true even though Virginia law requires you to wear one. You will still be entitled to compensation for any other injuries you’ve sustained, including:

    • Biker’s arm. Biker’s arm occurs when a motorcycle rider is thrown in an accident, and his arm gets the force of the impact as he braces against the fall.
    • Leg injuries. Leg, knee, and foot cuts and fractures are common in a motorcycle accident.
    • Internal injuries. When the body is hit with enough force, internal organs may be damaged, which may also result in dangerous internal bleeding.
    • Road rash. Serious abrasions can occur when a rider is thrown from his motorcycle and slides across the pavement.
    • Broken bones. Hitting the ground hard or at the wrong angle can easily cause bones to break, and broken bones are very common in motorcycle accidents.
    • Muscle damage. Muscles may be injured anywhere on the body.
    • Spinal cord injuries. If the rider lands on his back, or if an object pierces his spinal cord, he may suffer serious spinal cord injuries.

    You Need an Attorney

    If you’ve been injured in a motorcycle accident, it’s important that you hire an experienced personal injury attorney. When you’ve been injured while not wearing a helmet, you especially need a lawyer’s expertise and guidance in the pursuit of your claim. To learn more, contact the vehicle accident attorneys of Kearney, Freeman, Fogarty & Joshi, PLLC by using the form on this page.