Wednesday, September 11, 2013
Albemarle Motorcycle Accident Results in Crash Fatality.
The Virginia state police accident reconstruction team is investigating a motorcycle crash in Albemarle County that left the 18 year old motorcycle operator dead. Preliminary reports indicate that the motorcycle rider was speeding when a GMC Yukon SUV turned into his path of travel. The SUV occupants were not injured, which is not surprising because they were in a vehicle that weighs over 6,000 pounds. Motorcycles do not win battles with trucks or SUVs. In our personal injury practice, we have worked with traffic experts who formerly were with the Virginia state police accident reconstruction team. It can be important to show how an accident happened, or how it could have been prevented, and such an expert can assist in court. The estate of the motorcycle rider likely has the fact that the motorcycle rider may have been speeding is probably one of the causes of the accident. The bar of contributory negligence applies whenever it is established that the claimant contributed to the accident, even if that contribution was not a major cause of the car crash. The doctrine is harsh and it may be that juries do not apply it when the contributory negligence is not a significant cause of the car or truck accident. Most states have adopted comparative negligence where the court or jury compares the respective fault of the parties involved in the accident.
Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury and Accident Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Greene, Augusta, Staunton, Waynesboro
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Wow, thanks for sharing! I know someone looking for a personal injury attorney in Fayetteville, NC because of a similar situation.
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