Experienced Legal Representation for Motorcycle Accidents
We win damages for victims of motorcycle accidents
There is a tendency to blame motorcyclists for a crash, when in fact it is frequently the drivers who do not see — or even look for — motorcyclists who are lawfully sharing the road. At Marcari, Russotto, Spencer & Balaban, we know that many motorists discriminate against bikers to shift the focus away from the real problem: visibility. We pride ourselves in providing bikers with aggressive representation against insurance companies and their attorneys.
Winning damages for victims of motorcycle accidents requires the extra effort to put all doubts about fault to rest. Our experienced lawyers put that energy into the crash reconstruction and trial preparation to advocate for you. With the devastating injuries suffered in a cycle crash, we know our clients need every legal advantage to recover full compensation for their medical bills and future losses.
We pursue all theories of liability and all sources of insurance coverage
Often, your insurance company will either try to deny a claim or offer a quick settlement that falls short of your long-term needs. If fault is disputed, we use the services of investigators and accident reconstruction specialists to get to the scene and preserve important evidence.
- Did the driver turn left, pull out, switch lanes or otherwise fail to yield the right of way?
- Was the driver distracted by a passenger or cell phone call?
- Did the actions of a third driver force the motorcycle into the path of a car?
- Was there a defect in the motorcycle that contributed to the crash?
- Was the city or state negligent in design or maintenance of the road?
If the other driver is not insured or had a minimum liability policy, we pursue compensation under your uninsured/underinsured motorist insurance coverage. In the case of a passenger injured in a motorcycle accident, we may even look to a homeowner's policy to ensure that our clients are not saddled with enormous medical bills.
Motorcycle crashes commonly result in head injury and brain damage, severe back or neck injury, mangled limbs, and other permanent disability. You should always wear a motorcycle helmet that meets federal standards. Depending on the laws of your state, failure to wear a helmet may limit the damages available to you in a negligence lawsuit.
- Helmet laws in Virginia
In Virginia, all riders are required to wear helmets that meet or exceed specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc. or the federal Department of Transportation. However, failure to wear a helmet is not negligence per se, and does not automatically bar a claim under Virginia’s contributory negligence law.
- Helmet laws in West Virginia
In West Virginia, the law requires all riders to wear a helmet that is securely fastened. Helmets for both motorcyclists and their passengers must meet or exceed specifications of the American National Standards Institute, the U.S. Department of Transportation, or Snell Safety Standards for Protective Headgear for Vehicle Users.
- Helmet laws in South Carolina
In South Carolina, riders under age 21 must wear helmets approved by the state. Failure to wear a helmet can raise questions of negligence, as defense attorneys attempt to use South Carolina’s modified comparative fault law to limit the rider’s recovery.
- Helmet laws in North Carolina
In North Carolina, all riders are required to wear helmets that meet federal standards. However, failure to wear a helmet is not contributory negligence per se, and does not automatically bar a claim under North Carolina’s contributory negligence law.
- Helmet laws in Florida
Florida law requires all riders under the age of 21 to wear helmets that meet the Federal Motorcycle Vehicle Safety Standard 218. Motorcyclists age 21 and older are exempt from wearing helmets if they carry insurance that offers a minimum of $10,000 in medical benefits.
We are committed to maximizing damages for the ongoing medical care, lost future earnings, pain and suffering, and loss of enjoyment of life. If that means taking your case to a jury, we are prepared to demonstrate where the true fault lies.
Contact us immediately before talking to the insurance agent
At Marcari, Russotto, Spencer & Balaban, we offer a free case evaluation, including hospital visits and house calls for severe injuries. We serve motorcycle victims in five states. Call us today at (888) 351-1038 or contact us online. We have offices in North Carolina, South Carolina, Virginia, West Virginia & Florida for your convenience.
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