Fairfax Motorcycle Accident Lawyer

Most motorcycle crashes are the result of automobile drivers failing to notice the motorcyclist—for example, when turning or changing lanes. 

It’s not necessarily because the driver forgot to look. Sometimes, people fail to notice things even when they’re in plain sight, simply because they don’t expect to see them in the first place. This is known as inattentional or perceptual blindness, and it’s a frequent contributing factor in auto accidents involving motorcycles, bicycles, and pedestrians. 

In our experience, the vast majority of motorcycle riders are responsible. They understand how vulnerable they are, and the risks that they’re taking. They ride defensively. Yet because they have an unfair reputation for being thrill-seekers, they might not get the benefit of the doubt from an insurance company or jury. 

There are certain basic steps you should take in the immediate aftermath of any motor vehicle accident. This includes: 

• Reporting the accident to the police 
• Swapping information with the other involved driver 
• Getting contact information from eyewitnesses 
• Taking photographs of the accident scene 
• Seeking medical attention as soon as possible (even if your symptoms seem minor) 
• Calling an attorney 

In the days and weeks that follow, we especially recommend the following for injured motorcyclists: 

• Document your injuries. Any attorney will tell you that if it isn’t documented, it didn’t happen. Seek medical attention right away, as those medical records will be absolutely critical for your case. But document on your own as well. Take photos of any road rash or scarring as soon as possible after the wreck. Take more pictures as injuries heal (or don’t heal). Keep a daily pain journal where you talk about your symptoms and how your life has been affected. 
• Have a friend or family member observe and document your behavior in the days and weeks following the crash. Traumatic brain injuries are extremely common after motorcycle accidents. Worse, they often go undiagnosed even if you sought emergency care. (ER staff simply are not trained to evaluate TBIs, as they are generally concerned with more urgent or life-threatening issues.) If you show signs such as unpredictable mood swings, memory or concentration problems, disorientation, sleep disturbances, etc., it may be sign of a brain injury. 

Unfortunately, most motorcycle accidents end in severe injury as there is no real protection or framework support on a motorcycle. In fact, rather than protect you in the event of the crash, the motorcycle itself can make injuries worse. 

Common injuries include: 

• Road rash 
• Burns 
• Fractures 
• Rotator cuff tears 
• Head trauma 
• Traumatic brain injuries 

Unlike car accident victims, motorcycle accident victims will almost always have some sort of scarring. 

If you are the victim of a motorcycle accident, immediately begin documenting all your injuries over the next few months following the accident. You will want to have extensive evidence of the healing process and the pain the injury caused. 

Because motorcycle crashes usually result in severe injuries with significant medical bills, lost wages, and more, hiring an attorney is almost always in your best interest. Insurance companies don’t hesitate to take advantage of unrepresented crash victims, and an experienced attorney can help you protect your rights. 

That being said, not every case requires a personal injury lawyer, and not every lawyer is necessarily the right fit for you. 

BenGlassLaw will never pressure you to hire us if we don’t think we can add value to your claim. We believe in empowering through education. If we don’t think you really need a lawyer, we will direct you to our resources to handle the case yourself (and save you the attorney fees). 

Most personal injury attorneys follow the “traditional” rules of personal injury cases, but not all motorcycle accident attorneys operate the same way. Motorcycle cases have a lot of differences from a typical car accident case, so your choice in attorneys should be based on things like: 

• Their experience with motorcycle accidents like yours. 
• The reviews and testimonials from their current or former clients (which can usually be found on their website). 
• Their ranking on sites like Avvo.com or Martindale-Hubbell. 
• Phone interviews with the attorney where you discuss your case. 

We encourage you to research many attorneys while you look for someone to help with your case. BenGlassLaw also offers articles, webinars, and books that will teach you the basics of accident cases. In fact, attorney Brian Glass has created a motorcycle accident education series on YouTube that we believe can help give you some information about your case. 

The best time to contact an experienced motorcycle accident lawyer is always as soon as possible. The sooner you get honest, objective legal advice, the better—even if, in the end, you decide not to hire an attorney. 

Far too often, we see good cases get wrecked because accident victims made preventable mistakes in the first few days and weeks following a wreck. Examples include not seeking medical treatment right away, giving an ill-advised recorded statement to the insurance adjuster, or not documenting injuries soon enough. 

At BenGlassLaw, we’ll evaluate your case for free, and make sure you start taking the steps you need to take to seek compensation and protect your financial future—whether you hire us or not. 

Our lawyers perform a six-point assessment of your case to determine whether hiring an attorney makes sense for you. 

1. Fault. Virginia is a contributory negligence state. If you are at fault for your motorcycle accident, even 1% at fault, you cannot recover damages. Often, insurance companies use this to reject personal injury claims, even when the victim didn’t contribute to the accident. 
2. Current injury. The worse your injury, the more it makes sense to hire a lawyer for your personal injury claims. Motorcycle accident victims with serious injuries, like broken bones or torn ligaments, should consult with an attorney before making any recorded statements with the insurance company. 
3. Previous injuries. Insurance companies love to use previous injuries as a reason to deny motorcycle accident claims. They will point to your previous injuries and claim your accident injuries are “pre-existing.” We will review your past medical history to see what impact it might have on your settlement. 
4. Treatment. Insurance companies have a “length of treatment algorithm” that they use to determine how long your treatment should last. If your medical treatment takes longer than the insurance company deems is normal, they will not give you a fair offer for your medical bills. 
5. Motorcycle Insurance. “You can’t get blood from a stone.” We have seen more good cases torpedoed by poor insurance than we can count. Although it is perfectly legal to drive a car without insurance in Virginia, it is illegal to ride an uninsured motorcycle. If the person who caused your accident is uninsured or underinsured, we will need to look at your policy to see if we can find coverage to pay for your damages. 
6. Health Insurance. Many health insurance companies will seek repayment of bills they paid on your behalf. We will make sure they don’t get more than they deserve (which is sometimes zero).