You take a motorcycle joy ride, the wind blowing in your face, and you feel as though life could not get any better. Riding a motorcycle offers a sense of freedom that you cannot get with many other modes of transportation. However, when you use a motorcycle, you are susceptible to hazards that passenger car drivers simply do not face as well.
If the driver of passenger car strikes your motorcycle during your joy ride, your trip can quickly take a dark turn, leading to serious injuries. Fortunately, if the crash resulted from the car driver's careless behavior, you have the right to seek damages for those injuries in a Virginia civil court.
What kinds of hazards do motorcyclists face?
When you drive a motorcycle, you lack the types of protective barriers that car drivers enjoy. In addition, other drivers may struggle to see you or anticipate what you will do. As a result, you may end up suffering serious injuries in a motorcycle collision.
In fact, research indicates that those who ride motorcycles are five times more likely to get hurt in a collision compared with car drivers. In addition, in the majority of wrecks involving both motorcycles and cars, a car violated a motorcyclist's right of way, therefore resulting in the automobile wreck.
What are your rights if you are hurt in a motorcycle crash?
If the negligent driver of a car injures you while you are riding a motorcycle, you can file a personal injury claim against this driver, seeking the reimbursement of financial damages. If you are successful, you might receive a judicial award of damages that may help with addressing your hospital expenses, the loss of wages and other accident-related losses.
What happens if you partially caused the motorcycle crash?
If police discover that you partially caused the crash, you could still recover damages. Based on the comparative negligence doctrine, though, the amount of damages you end up receiving would be based on your degree of fault.
In other words, you would not get the full amount of damages that you would have received if the other person had been totally at fault in the crash. Still, you have the right to seek the maximum amount of damages you are entitled to considering the circumstances of your motorcycle wreck.