Hire a Hampton Motorcycle Accident Attorney

Who Is at Fault in Most Motorcycle Accidents?

Statistically, a car or truck driver is more likely to be at fault in a motorcycle crash than the rider. However, it is the motorcycle operator who is far more likely to suffer catastrophic or fatal injuries, especially for older riders.

Consider the following motorcycle crash statistics from the Virginia Department of Motor Vehicles. In a period of one year:

2053 motorcycle crashes were recorded (1.7% of all traffic crashes)111 motorcyclist fatalities occurred (11.0% of all traffic fatalities)762 motorcycle riders sustained serious injuries (10.7% of all serious traffic injuries)

Here are some of the preventable causes of motorcycle accidents, and how your motorcycle accident attorney may prove them:

Texting While Driving

Often illegal since it’s known to be so dangerous, people nevertheless still text and drive. In order to prove that texting while driving was the cause of the collision with a motorcyclist, timestamped messages can be brought as evidence by your attorney.

With that kind of clear evidence in hand, your lawyer may be able to secure a fair settlement amount for you without having to go to trial.

Speeding

Speeding is another clear violation of the law, and one that may be proven by evidence at the accident site like skid marks. Another way to document high speeds is by obtaining recorded dashboard information from the other vehicle, or from an active cell phone which was traveling inside the vehicle.

Securing a motorcycle accident attorney as soon as possible is vital here, because certain forms of evidence can disappear with time, such as tire tracks on dirt roads after it rains. Evidence could also be erased by the other motorist, another illegal act of evidence tampering which could still harm your chances for fair treatment.

Your attorney may be able to gather important evidence before it is lost or hidden.

Driving Under the Influence

A motorist impaired by alcohol or other mind-altering substances (whether illegal or prescription) can be held accountable after the fact. One way is if police on the scene of the accident perform a breathalyzer or arrest the person for being intoxicated. Another way could be finding pictures of the person drinking at a party in the time prior to their driving.

An experienced motorcycle accident attorney will explore every avenue of proof to ensure your case is as strong as possible.

Driving a Poorly-Maintained Vehicle

Bald tires, worn-out brake pads, and other failures of maintenance on a car or truck can be the difference between a vehicle that stops in time, and one that crashes into another motorist.

The vehicle itself would likely provide this evidence, but again, such proof could be temporary. Legally this quality is referred to as “evanescent” evidence, meaning the proof has the potential to vanish or dwindle. What if the car is impounded and destroyed before the evidence is documented? This is why it’s important to secure a motorcycle accident lawyer as quickly as possible.

Failing to Obey Traffic Laws

Examples of disobeying traffic laws include carelessly rolling through stop signs, aggressively cutting off other drivers, or driving over improper spaces like sidewalks or bike lanes. Evidence at the crash site itself, or video from nearby surveillance cameras, could be presented as proof.

An experienced motorcycle accident lawyer would have the foresight to gather this evidence before tapes can be recorded over or erased. While your priorities after the accident may involve getting treated for injuries, supporting your injured loved one, or grieving their loss, it’s an accident attorney’s duty to act on your behalf as soon as they’ve agreed to represent you.

Contact Smith Law Center at your earliest ability, and you may be able to empower an experienced lawyer to help you while you heal.

Distracted Driving

A driver may be distracted by other occupants of their vehicle, technology in the car (guidance devices, phones, radio, or backseat TVs), or food and drink. Anything that takes their attention away from driving means they may be held liable for a crash.

Proving this as the cause may involve evidence at the scene that shows how they were engaged before the crash, or witness recollections from passengers, bystanders, or first responders. Your motorcycle accident lawyer may be able to gather statements or pictures of the incident if they’re brought onto your case quickly enough.

These instances illustrate how to prove fault with another person. However, even in cases where the motorcyclist is determined to be partially responsible for an accident, a lawsuit for damages may still be allowed.

Contact Smith Law Center at (757) 244-7000 as soon as possible — you may be able to secure experienced representation for your unique circumstances and needs.

What Information Should I Gather for My Hampton Motorcycle Crash Attorney ?

It is your lawyer’s job to gather evidence for your case, not yours. The following information may be useful to your attorney and help expedite your case:

• The date and location of the crash, as well as what company may have towed the vehicles.
• A copy of the police report and any pictures you may have been able to take of the crash site
• Any paperwork or receipts related to your medical care — including the initial ambulance ride, any surgeries performed, or take-home prescriptions and follow-up care
• Your vehicle and medical insurance information
• The names and contact information of the other driver, any passengers, or other bystander witnesses

If you have questions about whether any information or physical evidence you have is important, your Hampton motorcycle wreck lawyer from the Smith Law Center can help provide answers. Your attorney also has the power to legally demand (via subpoena) information about the other driver, their vehicle, and their cell phone records to thoroughly investigate the cause of your accident. This information allows us to build the strongest possible case on your behalf.

Contact Smith Law Center for a Hampton Motorcycle Accident Attorney

Smith Law Center has successfully represented cases for those hurt by motorcycle collisions, and motorcycle accidents caused by poor bike construction. Our vast experience in both brain injury lawsuits and motor vehicle cases helps us balance the unique needs of every client, no matter how complex their situation.

If you need a personal injury attorney with motorcycle crash experience to help you seek the care and support you need, call Smith Law Center at (757) 244-7000, or fill out our online contact form to schedule a consultation. Your case review is free and confidential, and could lead to a better future for you and your family.