I. The Dangers of Motorcycle Accidents
Motorcycle crashes rarely have a mild impact. This is especially true in motorcycle collisions that involve tractor-trailers. The average motorcycle weighs between 300 and 500 pounds. Meanwhile, federal regulations generally allow a tractor-trailer to weigh up to 80,000 pounds. That is 160 times heavier than a motorcycle. While motorcycle accidents only make up 1.7 percent of all crashes in Virginia, they are responsible for 13.8 percent of all fatalities. Crashes involving passenger vehicles make up 96.8 percent of all crashes, yet only account for 65.9 percent of fatalities. Unfortunately, if a person is involved in a motorcycle crash, then there is a much higher probability of the crash leading to a wrongful death case. Even in motorcycle crashes that do not result in a fatality, approximately 1 in 3 motorcyclists involved in a crash are seriously injured. For these reasons, motorcycle crashes should not be taken lightly.
Further, the routes you would typically think to be the most treacherous are not where a majority of motorcycle accidents happen. Most often, people think of interstates as being the most dangerous place for motorcyclists to drive. While the large number of tractor-trailers on the interstate can lead to more deadly outcomes, only 11.2% of Virginia motorcycle accidents happen on interstates. Many of those motorcycle collisions occur on Interstate 95 near Alexandria.
II. Motorcycle Safety
Given the serious nature of these types of crashes, safety should be the number one priority of those who are riding motorcycles.
There are several important Virginia motorcycle safety rules that all motorcyclists should be aware of:
- In Virginia, both drivers and passengers riding motorcycles are required to wear a protective helmet as mandated by Virginia Code § 46.2-910;
- Section 46.2-910 also requires motorcyclists to: (1) wear a face shield, (2) wear safety glasses or goggles, or (3) have their motorcycle equipped with safety glass or a windshield during operation;
- Virginia Code § 46.2-909 prohibits motorcyclists from having a passenger, unless the motorcycle is designed to carry the passenger; and
- Section 46.2-909 mandates that individuals riding on motorcycles shall be seated and may only stand on both foot pegs if it is necessary for safety.
III. Determining Fault
Defense attorneys and insurance companies often try to blame motorcyclists for their injuries resulting from a crash. They may argue that: (1) the motorcyclist's clothing made it difficult to see the motorcyclist, (2) the motorcyclist was speeding, (3) the motorcyclist was not properly licensed, (4) the motorcyclist was not wearing the appropriate protective gear, (5) the motorcyclist was hovering in the blind spot, etc. The gist of these arguments is that the motorcyclist was contributorily negligent. Contributory negligence is a term used to describe the situation where a plaintiff fails to exercise reasonable care for his or her own safety. In Virginia, if the defendant can prove that the plaintiff was contributorily negligent, then the plaintiff cannot recover.
However, just because you did not have a license or were wearing dark colored gear, does not mean that you do not have a case. There is an important requirement for contributory negligence to apply—causation. The alleged negligence must actually cause the crash and/or your injuries. For example, if you were driving without a license, but you were driving the motorcycle in a safe manner, just as a properly licensed driver would, then the fact that you did not have a motorcycle license did not actually cause the crash. You could still possibly recover.
IV. Time Limits on Bringing a Claim
It is important to be vigilant after a motorcycle accident. The statute of limitations in Virginia generally provides that a plaintiff cannot bring a claim after two years from the date of the accident. There are certain circumstances in which the statute of limitations tolls. This means that the two-year clock temporarily stops running. One of the times the statute tolls is when the plaintiff is considered an "infant," which under Virginia law, is a person who is less than 18 years old. If the plaintiff is an infant, then the statute generally does not begin to run until they have reached age 18. Therefore, an infant involved in a motorcycle crash generally can sue for their injuries up until their 20th birthday. However, after the two-year period has run, the claim can no longer be brought. This means it is imperative for a person injured in a motorcycle accident to retain counsel as quickly as possible. The earlier counsel is retained, the more we can help to preserve important evidence, investigate the accident, and provide legal advice as to the best course of action going forward.
V. Virginia Motorcycle Accident Attorneys
Injured in a motorcycle crash? Our Virginia motorcycle accident attorneys have recovered millions of dollars in settlements and verdicts for clients injured in motorcycle crashes.
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