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Motorcycle Accident FAQs
Motorcycle Accident FAQs

I focus on achieving favorable results with dedication & hard-work.- Griffin O'Hanlon

Attorney at Cooper Hurley Injury Lawyers

Questions About Motorcycle Accidents

Virginia Motorcycle Accident Attorneys

I wasn’t wearing a helmet. Can I still file a lawsuit?

In the state of Virginia, drivers and passengers of motorcycles are required to wear a helmet at all times while the vehicle is in motion. If you were not wearing a helmet, you can still seek compensation, but it may be more difficult to prove that you did not share partial fault for your injuries. You can discuss the circumstances of your motorcycle accident with us in more detail during a personal consultation.

What is the leading cause of motorcycle accidents?

According to the National Highway Traffic Safety Administration (NHTSA), drivers of other vehicles are the leading cause of motorcycle accidents. The NHTSA cites limited visibility, carelessness, and driver distraction as the main reasons larger vehicles collide with motorcycles.

How long do I have to file a lawsuit?

In Virginia, you have 2 years to file a personal injury claim for a motorcycle accident. We recommend you do not wait anywhere near the statute of limitations date. The longer you wait to file your claim, the more difficult it will be to build a strong case on your behalf. We need to investigate the circumstances of your accident as soon as possible after it occurred.

What if I was partially at fault for my accident?

Virginia is a contributory negligence state. This means that if you can be found even partially responsible for your accident, you can be denied the right to seek compensation through a lawsuit. Never admit fault for an accident – not to the police, witnesses, insurance companies, or anyone involved. One of our motorcycle accident attorneys will investigate your accident, establish fault, and determine if you have cause to file suit. Sometimes, with our expertise, we can show that what might seem like contributory negligence is not really the cause of the crash.

To have your questions about motorcycle accidents answered by an experienced attorney, please contact Cooper Hurley Injury Lawyers today to schedule a free consultation with Jim Hurley or John Cooper.

Cooper Hurley Injury Lawyers has offices in Norfolk and Virginia Beach, representing injured victims throughout Chesapeake, Portsmouth, Newport News, and the Hampton Roads area. If your injury makes travel difficult, we can come to you.

(Please be sure to schedule an appointment before visiting our Virginia Beach location.)

John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Cooper Hurley Injury Lawyers as an associate attorney. He became a partner in 2017.

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