Been in a bike accident in Roanoke, Salem, or surrounding counties?
Every day, motorcycle riders in western and southwest Virginia face risks on the road — namely in the form of other four (or more)-wheeled vehicles. Regardless of your skill or care, a defensive motorcycle rider cannot always escape accident or incident.
If you were injured or someone you love was tragically killed or hurt in a motorcycle accident, turn to Tom McGrath’s Motorcycle Law Group in Roanoke for the legal representation you deserve.
Why us? Not only do we practice motorcycle law, we ride. Since 1990, our attorneys have represented riders and advocated for motorcycle rights in Virginia. We know bikes, we know bike law, and we know the challenges you’re facing. Together, we will fight for maximum compensation.
Compensation for Roanoke-area motorcycle crash victims and families.
If you’ve been in a motorcycle accident along the Blue Ridge, the backroads of Botetourt, or anywhere else in the Roanoke Valley, the attorneys of Tom McGrath’s Motorcycle Law Group can help recover fair compensation for:
- Medical bills and expenses
- Medications and medical equipment
- Surgeries, rehabilitation, and other treatments
- Future medical expenses and care costs
- Lost income, wages, and employment benefits
- Loss of future earnings due to disability
- Lost or diminished earning capacity
- Pain and suffering, including emotional distress
- Lost or diminished quality of life
- Disfigurement and inconvenience
- In-home assistance and home modification costs
- Miscellaneous out-of-pocket expenses
In some cases, we may be able to seek punitive damages. In contrast to the compensatory damages outlined above, punitive damages are not meant to compensate victims for specific losses, but to punish defendants for wrongdoing.
All of these damages may be recovered through a motorcycle accident lawsuit, which can be filed against the at-fault driver, company, or government agency.
Here are some frequently asked questions we get about motorcycle crashes in the Roanoke area.
How do I file a motorcycle lawsuit in the Roanoke Valley?
Under Virginia’s motorcycle laws, riders or their families can file a lawsuit against someone who was negligent and caused injury or undue harm. It’s no secret that there is bias against riders, but many crashes are due to car, truck, or tractor-trailer drives.
“Do I have a case?” We can help you find out. Here are some of the most common causes of motorcycle crashes:
- Tailgating
- Speeding
- Drunk driving
- Aggressive driving
- Distracted driving
- Unlawful passing
- Dangerous lane changes or turns
- Weaving through traffic
- Failure to yield
- Not checking blind spots
- Running red lights or stop signs
- Opening a doors into a rider’s path
- Defective motorcycle or auto parts
- Out-of-repair vehicles
- Poor street lighting
- Cracked and uneven roads
- Defective guardrails, medians, and road dividers
People and organizations should be held accountable for their actions, and our attorneys are here to make that happen. Our lawyers and accident-reconstruction experts can help identify the negligent party in your case, then fight to secure full compensation for you.
What if I’m at fault for a motorcycle accident?
Virginia follows a contributory negligence rule. This means that even if you are even minimally at fault, you cannot file a claim and are further barred from recovering any compensation.
Insurance adjusters have one goal in mind: dispute, devalue, or deny your claim. We know their tricks, and will work hard to fight back. We can help you understand your legal rights and options for moving forward. Reach out right away and set up a free consultation with a member of our team.
How Long Do You Have to Sue an At-Fault Driver in Virginia?
If you’re riding a motorcycle in Roanoke or anywhere in Virginia and are injured, there’s only a certain amount of time to file a personal injury lawsuit. This “statute of limitations” in Virginia is two years from the accident.
For cases involving property damage and no bodily injury, you have five years to bring your lawsuit.
Virginia statute of limitations law does not apply to insurance claims. After a motorcycle accident, your first step is to file a claim with the at-fault driver’s insurance company. Depending on the company and the policy, you may have a few weeks or a few days to file your claim. Most insurance companies specify that claims must be filed “within a reasonable period of time.”
Do’s and Don’ts After a Motorcycle Accident in the Roanoke area
Many motorcycle accidents result in catastrophic injuries. As such, most victims receive immediate medical attention, either at the scene or directly after the crash.
However, if you were involved in a bike accident in Roanoke, Salem, or surrounding counties and have not been seen by a medical professional, see a doctor as soon as possible. You may have sustained underlying injuries or suffered trauma that will only worsen as time goes on.
Once you have received the proper medical care, there are several steps you should take after the accident to protect your health, wellbeing, and right to a fair recovery:
- Obtain and preserve any evidence — This includes pictures of the crash scene, copies of your medical records, and motorcycle repair estimates.
- Report the accident to the police — Accident victims should report the accident to the police as soon as possible. This can protect you as you fight to get compensated. It can also protect you from being hit by a lawsuit chock-full of groundless accusations, such as by a negligent driver who wrongfully blames you.
- Exchange contact information — If possible, get the name, contact information, and insurance information of the other driver. Do the same for any witnesses. If the driver leaves the scene without giving anyone their information, it will be considered a hit-and-run accident.
- Don’t admit fault — Injured riders are often blamed for accidents, even when they are clearly not at fault. Worse, at-fault drivers may take advantage of a rider’s inability to communicate (such as if they were rushed off to the emergency room) and make false claims about what went down and how. Be careful not to admit fault or answer questions that seem to be steering in that direction.
- Don’t tell insurance more than you need to — Avoid speaking to anyone from the other person’s insurance company and never sign anything or provide a statement without first speaking to an attorney.
- Consult a legal professional — As soon as possible, contact an attorney with experience handling motorcycle accident cases, like ours at Tom McGrath’s Motorcycle Law Group.
No one is required by Virginia law to hire a personal injury attorney. Working with a knowledgable lawyer who knows how motorcycles operate and the laws pertinent to two-wheeled vehicles will increase your chances of recovering higher settlements than those who try to resolve their cases on their own. Our team has boots on the ground in Roanoke and will give you the personalized attention and support you need. We will fight for the best possible outcome in your case.
Our Roanoke Motorcycle Accident Attorneys Can Help
Getting compensation after a motorcycle accident is often a long and difficult process. While you take care of yourself, we will take care of the insurance company to get the fair compensation you deserve.