Being involved in any motor vehicle accident can be stressful and challenging. However, when one is a motorcyclist injured in a crash, the situation becomes even more complicated. Unlike drivers of cars and trucks, motorcyclists lack the metal frame protecting them in collisions. This often leads to serious or even catastrophic injuries for riders.
Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000.
Understanding Split Liability Accident Claims in Virginia
To make matters worse, many motorcycle accidents involve disputed liability or allegations of partial fault against the rider. These "split liability" claims essentially argue that the injured motorcyclist shares some degree of responsibility for causing the collision. In these situations, Virginia applies "contributory negligence" laws that can bar or limit the rider's ability to recover accident compensation.
As experienced Virginia bike crash lawyers, our motorcycle accident law firm regularly helps injured victims deal with split liability and contributory negligence disputes. We work hard to defeat unfair allegations of rider fault while pursuing maximum injury compensation from at-fault drivers and their insurance companies. This article provides an overview of how liability gets divided in Virginia motorcycle crashes and guidance on fighting partial fault claims.
Contributory Negligence as a Common Defense
Virginia continues to follow contributory negligence rules which prohibit accident injury victims from any financial recovery if they bear any percentage of fault, even 1% or 2%, for causing the incident. As a result, insurance adjusters almost always allege the motorcyclist shared partial responsibility as a tactic to avoid paying total damages.
Common allegations against riders include:
Speeding
Improper lane changes
Failure to yield
Alcohol or drug impairment
Distracted driving
Other traffic violations
Even minor errors get used to blame the motorcyclist. However, experienced Virginia bike crash lawyers understand how to fight these defenses.
Multiple Parties Means Multiple Targets
One beneficial aspect of disputed liability claims is that multiple at-fault parties exist. There may be fault arguments against the rider, but liability also extends to other motorists and sometimes government agencies responsible for road hazards, defective infrastructure, poor lighting, lack of maintenance, etc. Skilled motorcycle accident attorneys leverage these multiple targets to defeat arguments against the rider and maximize overall compensation recovery.
Comparative Fault Means Damages Get Reduced
If efforts to avoid any finding of rider fault fail, then Virginia accident law still allows reduced injury compensation through "comparative fault." Under this rule, damages get split between the motorcyclist and other responsible parties based on percentages of blame. One’s Virginia bike crash lawyer will battle to place the highest liability on the defendants with the greatest ability to pay damages.
Overcoming Contributory Negligence with Superseding Negligence Doctrine
Another method motorcycle accident attorneys use to defeat contributory negligence is proving another motorist's actions amounted to “superseding negligence.” This legal concept applies when a defendant’s extreme misconduct overrides any proximate cause from the victim’s ordinary negligence. Some examples include drunk driving, gross negligence, recklessness, deliberate intent to cause injury, etc. Proving superseding negligence renders the rider's fault too remote to block damage recovery.
Fighting Unfair Allegations of Motorcycle Rider Fault
Now let’s explore some common arguments levied against injured motorcyclists and how an experienced Virginia bike crash lawyer beats these defenses:
Refuting Claims of Speeding & Reckless Operation
Insurers often allege riders contributed to accidents by speeding excessively or operating their motorcycles recklessly. However, only independent witness testimony and objective crash evidence, not biased insurance opinions, are presented in court. Skilled motorcycle accident attorneys know how to exclude unreliable claims of rider fault and utilize professional crash reconstruction to prove actual speeds and appropriate operation. Photographs, videos, EDR crash data, and other irrefutable evidence defeat subjective accusations of reckless riding.
Proving Legal & Safe Lane Changes
Another common defense argument involves disputing the legality of a motorcyclist's lane change before impact. Defendants may claim the rider darted across lanes unsafely and failed to properly signal before changing position. However, convincing liability demands fact corroboration, not just opinion. One’s Virginia bike crash lawyer will utilize all available proof, including photographs, videos, witness statements, and professional analysis to confirm appropriate motorcycle operation and defeated insurer allegations.
Demonstrating Valid Right-of-Way Over Other Motorists
Insurers often manipulate right-of-way rules to blame motorcycle riders in intersection collisions and turning disputes. They may say the rider improperly entered an intersection lacking the legal right-of-way over other vehicles. However, experienced motorcycle accident attorneys understand how to prove a rider's proper progression under right-of-way laws. We also leverage "last clear chance" arguments to defeat these defenses in cases where an observant motorist should have yielded regardless of technical right-of-way violations.
Defeating Uncorroborated Claims of Alcohol or Drug Impairment
One of the most damaging yet commonly alleged motorcycle rider faults involves accusations of drunk driving or drug impairment. While intoxication causes accidents in some cases, insurers often claim alcohol/drug involvement just to defeat liability when no legitimate proof exists. Skilled Virginia bike crash lawyers defeat these defenses by demanding evidence. Blood tests, sobriety check reports, responding officer observations, and other documentation get scrutinized to expose invalid intoxication arguments. Lacking evidence, unsupported impairment allegations fail.
Refuting Distraction Fault Like Cell Phone Use
Similar to DUI accusations, insurance carriers frequently blame motorcycle riders for causing accidents because of distracted driving hazards like mobile phone use. However, absent any proof the rider used a cell device or engaged in other distracting activities immediately before the impact of the collision, such allegations prove entirely speculative and indefensible. One’s Virginia bike crash lawyer will utilize phone records, eyewitness testimony, photography, crash data, and other evidence sources to disprove dubious distraction claims.
Key Takeaways: Fighting Motorcycle Rider Fault Arguments
Insurers regularly make inflated allegations against motorcyclists to defeat or limit accident claims. Common arguments cite speeding, improper lane changes, disobeying traffic signals, failure to yield, intoxication, distraction, etc.
However, skilled Virginia motorcycle accident lawyers defeat liability disputes by demanding corroborative evidence. Witness testimony, photographs, crash data, phone records, and other documentation expose insufficient evidence on bogus rider fault arguments.
Even with contributory negligence laws, experienced attorneys utilize comparative fault, superseding cause, and last clear chance arguments to overcome rider negligence allegations and maximize compensation.
Pursuing Third-Party Liability Targets
While insurers often make misguided attempts at accusing injured riders, true liability extends across multiple additional targets in many motorcycle crashes:
Other Motorists - Defective vehicles, visual obstructions, driver inexperience, and negligent driving like speeding, distraction, failure to signal, etc. frequently cause motorcycle collisions. Skilled attorneys prove actual fault.
Government Agencies - Hazards like poor lighting, lack of signage, defective road design, inadequate maintenance, and other problems involving transportation departments, public works, and related agencies contribute to motorcycle accidents.
Businesses - Bars over-serving intoxicated drivers, corporations operating defective vehicles, contractors failing safety protocols and other corporate negligence also cause or contribute to motorcycle rider injuries.
Product Manufacturers - Defectively designed motorcycles, helmets, and other motorcycle components cause or worsen crash injuries, imposing strict liability against manufacturers.
Multiple targets provide added leverage for experienced Virginia bike crash lawyers in defeating unjust rider fault allegations while maximizing overall damages recovery from those with valid liability.
Collecting Full Accident Compensation
Motorcycle crashes often result in catastrophic injuries like spinal damage, traumatic brain injuries, amputations, severe lacerations, bone fractures and even wrongful death. As experienced Virginia motorcycle accident attorneys, we help injured victims and families pursue the maximum available financial damages against all liable targets, including:
Medical Expenses – Current and future hospital bills, procedures, devices, therapy/rehab, at-home care, etc. Medical costs often total hundreds of thousands or more in serious motorcycle collisions.
Lost Income – Past and future wage loss, reduced earning capacity.
Property Losses – Repair/replacement for damaged vehicles, clothing, equipment, etc.
Pain & Suffering – Personal injury damages like physical pain, emotional distress, trauma, scarring, disability, loss of enjoyment, etc.
Wrongful Death – In fatal motorcycle accidents, family members pursue damages like funeral costs, lost companionship, and grieving trauma.
Punitive Damages – Extra penalties against defendants guilty of gross negligence or misconduct.
Skilled motorcycle accident attorneys help injury victims recover every dollar owed, defeating liability limits, gaps, and restrictions imposed by defendants while never settling for less than full case value.
Why Hire a Virginia Motorcycle Accident Attorney?
As this article outlines, motorcycle liability situations prove highly complex, making experienced legal counsel essential for protecting victims' rights and maximizing damage recovery. Consider the value an attorney brings:
Proves Actual Case Facts to Overcome False Assumptions – Police reports, insurer statements, and other documents often misrepresent accident details. Attorneys utilize objective evidence like videos, crash data, and witness accounts
Frequently Asked Questions About Split Liability Motorcycle Accidents
How common are disputed liability claims in Virginia motorcycle crashes?
Disputed liability, allegations of partial fault against riders, and related “split liability” arguments happen in most Virginia motorcycle accidents resulting in injury. Skilled motorcycle accident attorneys expect to deal with these issues and fight back against unwarranted accusations of rider negligence.
What are typical ways insurers try to blame riding victims?
Common arguments against injured motorcyclists involve accusing riders of speeding, improper lane changes, ignoring traffic signals, intoxication, distraction, failure to yield, and other acts allegedly contributing to accidents. However, experienced lawyers defeat these defenses by demanding evidence and exposing contradictions.
How might a rider’s negligence lead to reduced claim value?
If a rider bears any percentage of fault for causing a crash, Virginia’s contributory negligence laws can completely bar recovery. Even in cases allowing reduced or “comparative” fault damages, any finding of rider negligence reduces the claim value and compensation ultimately obtained. Defendants push hard to assign riders maximum blame percentages when negotiating settlements.
Can a motorcyclist still recover damages if partially at fault?
Yes, even with contributory negligence rules in Virginia, skilled motorcycle accident lawyers leverage arguments like comparative fault, superseding cause, and last clear chance doctrines to overcome findings of rider negligence and still obtain damage settlements, often at total value. Experienced legal advocates prove that other motorists, businesses, agencies, and manufacturers are responsible for defeating unwarranted reductions.
What should an injured motorcyclist do after any disputed liability crash?
The most important step involves contacting an experienced Virginia motorcycle accident attorney immediately. Skilled lawyers act fast to gather independent eyewitness testimony, secure photographic proof, download electronic crash data, obtain video evidence, and take other steps to defeat unjust insurer allegations against riders. Starting an immediate investigation helps maximize ultimate claim results.
Conclusion
Dealing with the aftermath of any motorcycle accident often proves frustrating, especially when insurers dispute liability and wrongly accuse injured riders of contributing to crashes. However, experienced Virginia motorcycle accident lawyers regularly overcome these split liability situations by disproving allegations of rider fault and pursuing maximum damages from all other responsible parties. Skilled advocates utilize objective evidence and legal arguments to defeat unjust attempts at denying accident victims fair compensation. If you suffered an injury in a Virginia motorcycle crash involving disputed liability claims, contact our skilled motorcycle accident law firm for a free case review and start fighting back against insurer injustice today.
Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven lawyers today at 540.345.2000 for your free consultation.
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