BenGlassLaw Accident Lawyers Achieve Motorcycle Accident Settlement After Car Pulls in Front of Motorcyclist
In May, our client was driving his motorcycle southbound on George Washington Park Way as he approached River Farm Drive. At that same time, the defendant was driving on River Farm Drive approaching the stop sign at that road and GW Parkway, when he slowed to a stop.
According to the defendant, he checked both ways before turning onto GW Parkway when our client struck his vehicle at a high rate of speed, causing our client to be thrown from his motorcycle several hundred feet beyond the point of impact. While our client maintained that he was traveling the speed limit, the defendant and law enforcement stated that our client was speeding.
The defendant asserted contributory negligence.
Contributory negligence is a legal doctrine that can prevent an injured party from recovering any damages in a personal injury lawsuit if they are found to have contributed in any way to their own injury. This means that even if the injured party is only minimally at fault, they may be barred from recovering any compensation from the defendant.
This doctrine is considered quite harsh compared to comparative negligence, which allows for a plaintiff to recover damages reduced by their percentage of fault.
States with Contributory Negligence
As of 2024, the following states still adhere to the contributory negligence doctrine:
1. Alabama
2. Maryland
3. North Carolina
4. Virginia
5. District of Columbia (Washington, D.C.)
In these jurisdictions, if the injured party is found to be even 1% at fault for their own injuries, they are completely barred from recovering any damages from the defendant. This strict rule places a heavy burden on plaintiffs and highlights the importance of proving fault exclusively on the part of the defendant in these states.
The insurance company denied our client’s claim outright. Our client suffered a fractured right leg, which ultimately required an amputation above the knee. Our client’s medical bills exceeded the insurance coverage limits of $300,000.
The Statistics on Motorcycle Accidents in Virginia
Motorcycle accidents in Virginia account for a significant proportion of traffic-related injuries and fatalities each year. According to the Virginia Department of Motor Vehicles (DMV), there were over 2,000 motorcycle crashes in the state in 2020 alone, resulting in more than 1,700 injuries and 90 fatalities. These accidents represent a notable risk to motorcycle riders, who are more vulnerable on the road due to the lack of protective barriers that are standard in other vehicles.
The leading causes of motorcycle accidents in Virginia include speeding, alcohol impairment, and failure to yield right of way. Intersections are particularly dangerous for motorcyclists, as vehicles turning left often collide with motorcycles approaching from the opposite direction. Additionally, motorcyclists are at a higher risk of severe injury or death in the event of a crash, given that they lack the protection provided by seat belts, airbags, and the structural safety features of passenger vehicles.
After depositions of the plaintiff and defendant, the matter was resolved for the maximum insurance limits.