October 2024 - Lichtenstein Law Group PLC

The driver turning is typically at fault for left-turn accidents involving motorcycles, as they should yield to oncoming traffic. However, that is not always the case. Determining which party is at fault is vital in Virginia, where being partially to blame can affect whether you can recover compensation.If you suffered an injury after a driver made a left turn in front of your motorcycle, it’s essential to understand Virginia’s laws and your rights.What Are the Causes of Most Left-Turn Motorcycle Accidents?Left-turn accidents involving motorcycles often result from the turning driver failing to see the motorcyclist for various reasons or misjudging the motorcyclist’s speed. Common causes of left-turn motorcycle crashes include:Distracted driving – Distraction is a leading cause of left-turn accidents – and collisions in general. Drivers who are texting, talking on the phone, or otherwise distracted may fail to notice the motorcycle.Failure to yield – The driver making the left turn must yield the right of way to oncoming traffic. When drivers fail to yield, their actions can cause catastrophic injuries to motorcyclists.Misjudging speed – In some cases, drivers believe they have time to turn left before the motorcycle rider arrives at the intersection when, in reality, they do not.Obstructed views – Trees, signs, parked cars, or other obstructions can block a driver’s view, making it difficult to see approaching motorcycles. In these situations, it’s the driver’s responsibility to proceed with caution.Poor weather or road conditions – Bad weather or slippery roads can contribute to left-turn accidents. Due to poor traction, drivers may be slow to turn, and motorcycles may not be able to stop in time.How Is Fault Determined in a Virginia Left-Turn Motorcycle Accident?In Virginia, determining fault in a left-turn accident involves examining the circumstances surrounding the crash. Generally, the assumption is that the left-turning driver is at fault because oncoming traffic has the right of way. However, there are exceptions when a motorcyclist may share blame.Factors considered when determining fault include:Traffic signals and signs – If one party failed to obey traffic signals and signs, such as by running a red light, they are likely to be at fault.Speed of the vehicles – If one party was speeding, they may be entirely at fault for the accident or share the blame.Right of way – If the left-turning party failed to yield the right of way to oncoming traffic, they will usually be liable.Driver negligence – If the turning driver was distracted, intoxicated, or negligent in another way, it is more likely that they were responsible.To determine fault after a left-turn accident in Virginia, both parties’ attorneys will conduct investigations and gather evidence supporting their case.What Evidence Can Prove Fault for a Motorcycle Accident?To prove the turning driver was at fault for your motorcycle accident, your lawyer will need to present evidence supporting your claim. Some key pieces of proof include:Eyewitness statements – The testimony of those who witnessed the accident can be crucial in backing up your version of events.Traffic camera footage – If there was a traffic camera at the intersection, it may have footage of the crash that can prove your case.Physical evidence – Skid marks, vehicle damage, and road debris can point to how the collision occurred.Expert analysis – Accident reconstruction specialists can use the evidence collected at the scene to provide their professional opinion on how the crash happened and which party was likely at fault.Significant evidence is essential for proving fault and overcoming the defense’s claims that you were responsible for or contributed to the accident.Could the Motorcyclist Be Partially or Fully At Fault for the Accident?Virginia follows a doctrine of contributory negligence. Under the state’s contributory negligence standards, the court may prevent someone found to hold any degree of fault in an accident from recovering compensation for their injuries.Some examples of when a motorcyclist may be partially at fault include:If the motorcyclist was speeding or violating other traffic lawsIf the motorcyclist was under the influence of drugs or alcoholIf the motorcyclist failed to exercise proper caution given road or weather conditionsBecause Virginia’s contributory negligence law is so strict, it’s essential for motorcyclists injured in left-turn collisions to consult an experienced motorcycle accident attorney who can protect their right to compensation.What Should You Do If You Are Involved in a Left-Turn Motorcycle Accident?After a left-turn motorcycle accident, there are a few steps you should take:Report the Accident to the PoliceIn Virginia, drivers must immediately report accidents involving injury or death to law enforcement. When police arrive, they will file an accident report, which you will likely need for your claim with the at-fault driver’s insurance company.Seek Medical AttentionIt’s important to get immediate and ongoing medical care after a crash. Seeing a doctor will help your injuries heal and create a paper trail of your injuries and treatments for your claim.Gather EvidenceIf you can, take photographs of the accident scene, including all vehicle damage and your injuries. You should also collect contact information from anyone who witnessed the collision.Avoid Admitting FaultDo not admit fault to the other driver, police, insurance companies, or anyone else. Doing so could result in losing your right to seek compensation for your injuries.Contact Your Insurance CompanyEven when it’s clear the other driver was at fault, you should report the incident to your insurance company in case you need to file an uninsured or underinsured motorist claim.Document EverythingKeep all records related to the collision, including your medical records, any bills or receipts, and pay stubs showing missed work. You may also want to keep a journal explaining your symptoms and day-to-day difficulties because of your injuries. This information will all strengthen your claim and help put a value on your losses.Consult an AttorneyAn attorney can assist you with filing your claim, investigating the accident, negotiating with the insurance company, and representing you in court if your case goes to trial.Contact a Virginia Motorcycle Accident LawyerMotorcyclists injured in left-turn accidents require the help of an experienced personal injury attorney to protect their rights. If you suffered a motorcycle injury in a crash caused by someone else, contact Lichtenstein Law Group PLC to discuss your case with one of our motorcycle accident lawyers.We’ll provide a free case evaluation, explain your legal options, and walk you through the claims process. Our nearly 100 years of combined experience makes us more than capable of conducting a thorough investigation, developing a clear and compelling story showing the driver’s fault, and fighting for your rights – whether in negotiations or court. We have extensive resources, access to respected experts, and a deep knowledge of Virginia law. Call today to find out how we can help you.

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