I was riding my bike (motorcycle) and this lady ran her stop sign and hit me. I went flying and I landed on the ground. I broke my leg, both my Tibula and fibula, and my bone popped out of my skin. I needed surgery and had to get a rod put in, and also some screws in my leg.
She claims that it was my fault, saying I was speeding. At least that is what she told the police officers at the scene. I had to go straight to the hospital so I couldn’t say anything to the police for the record.
Do you think I have a chance in winning this case? What do I need to do to make sure my medical bills are covered? Also, how do I prove the accident was her fault? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Because of the seriousness of the accident, and your injuries, police and fire and rescue were likely dispatched. As a result, a police report was certainly created.
Under Section 46.2-373 of the Virginia Motor Vehicle Code, a police officer is required to submit a written police report to his or her department within 24 hours after investigating a traffic accident where injuries were involved.
The police report will contain a narrative written by the investigating officer. The narrative will describe what the officer believed to have occurred immediately prior to the collision, and after. The narrative will be based on witness interviews by the officer including drivers, pedestrians, and passengers, if any. Here’s some information on using police reports to help your claim.
The officer will have looked at skid marks, broken glass, and the position of the motorcycle and car immediately before and after the collision. Additionally, the officer may have issued traffic citations to you or the other driver. If so, the citations will be credible evidence of who was at fault.
From the facts you present, the driver should have been issued a citation for failing to stop at a stop sign.
To prove the accident was the other driver’s fault will require a showing she failed to yield to you by running the stop sign. Seek out a copy of the police report as soon as possible. Contact your insurance company and the other driver’s insurance company and file a claim.
After investigating the claim, the driver’s insurance company will either agree their insured was at-fault and compensate you for your medical bills, or deny the claim.
Because of the seriousness of your injuries, your best interest will be served by seeking legal representation. Fortunately, most personal injury attorneys do not charge for initial office consultations. Seek copies of your medical bills and related expenses and visit with several personal injury attorneys.
Negotiating the claim by yourself will give the driver’s insurance company the advantage. You have no real leverage when dealing with the insurance company. If they don’t agree with your demand, your only recourse will be to either accept what they are offering or seek legal representation.
Your injuries are too serious for you to handle the case yourself. You can be confident the driver’s insurance company will not offer a settlement which is even close to the settlement a personal injury attorney will secure for you.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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