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The Motorcycle Accident Lawyer You Need

A motorcycle gives so many a feeling of freedom, of flying over the open road. But a motorcycle accident can be devastating to life, limb, and overall happiness. A robust settlement can help ensure a brighter future.


Traffic accidents are dangerous enough between closed vehicles like cars, trucks, and vans, but crashes with open vehicles like motorcycles, jeeps, or convertibles can quickly become catastrophic or deadly. If you or a loved one has been involved in a motorcycle accident or collision, you may need the help of a motorcycle accident lawyer to access the support you need to heal.

The attorneys at the Smith Law Center have years of experience in motor vehicle and motorcycle accident cases, especially those which involve serious injury to the brain or spinal cord. Call our Hampton, VA offices today at (757) 244-7000, or reach out to us online for a free case review.

Read on to learn more about motorcycle accidents and the law.

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What Is a Motorcycle Accident Injury Case Worth?

While it’s impossible to say what a motorcycle accident is ‘worth’ without first determining the circumstances of the incident, we can show you real results we’ve secured for our clients and their families.

  • $14.5+ million: This multi-million dollar settlement was reached days into a trial for a woman who suffered a brain injury while riding a defective Harley Davidson motorcycle. We were able to secure her support from the motorcycle dealer and tire manufacturers responsible for a defective inner tire tube
  • $1.75 million: The amount of $1,750,000 was awarded to a woman who suffered a mild head injury when a car collided with her motorcycle.
  • $900 thousand: A motorcyclist who suffered a mild traumatic brain injury was awarded $900,000 due to our advocacy.

Each case is unique depending on the injuries suffered, losses sustained, and who or what caused the accident. Your damages award or settlement for a motorcycle accident could include:

  • Financial support for medical care, including hospitalizations, surgeries, medications, physical therapy, and future medical needs
  • Reimbursement for lost wages, future income, and other employment-related benefits like health insurance or retirement contributions
  • Monetary restitution for pain and suffering, including both physical pain and mental trauma and anguish
  • Punitive damages from the other motorist, or from the bike manufacturer or mechanic (in cases of defective product or improper installation) — essentially a financial punishment for bad behavior displayed by another party
  • Wrongful death awards in cases of fatal motorcycle accidents, meant to meet the financial burden of funeral and burial costs, the loss of the deceased’s income, and the loss of their companionship as a spouse, child, or parent

There is no general amount or range that accurately describes an average motorcycle accident settlement. That being said, a dedicated motorcycle accident lawyer will do everything in their power to help you access the funds and care that you need.

Everyone I came into contact with at Smith Law Center was not only friendly, but also professional. They made sure I understood everything that was happening during the entire process. They were patient, kind, and easy to talk to. I would highly recommend Smith Law Center.

What Is the Most Common Motorcycle Injury?

Brain, head, and neck injuries are the most common type of serious motorcycle injury. According to the National Highway Traffic Safety Administration (NHTSA), traumatic brain injuries (TBIs) are the leading cause of death among motorcycle riders.

The top most common types of injuries that result from motorcycle crashes include:

  • Brain and spinal cord injury: Concussions, impact injuries, compression due to swelling or bleeding, and injury due to high-velocity whiplash are all dangers that could lead to persistent brain injury or paralysis.
  • Road rash: High-speed interactions with concrete or asphalt can cause skin and tissue injuries that may require extensive skin grafts to heal. Such damage could also result in permanent scarring and handicapped mobility.
  • Broken bones: Broken bones and injuries to the extremities (fingers/hands or toes/feet) could require extensive physical therapy to repair, or could require emergency amputation.
  • Disfigurement: Injuries to the face are traumatizing, and handling reactions to facial disfigurement requires new social skills that must be learned on top of processing grief, anger, and anguish.
  • Internal injury: Being thrown from a vehicle or coming to a sudden stop due to a crash can cause injury to one’s internal organs. Often invisible from the outside, assessing internal injuries requires critical medical care to diagnose and treat.

The medical needs of those who’ve been involved in a motorcycle accident can be extensive, painful, and costly. In order to access the level of care you need, you may have to engage experienced motorcycle accident attorneys like those at Smith Law Center. Contact or call us today at (757) 244-7000 to discuss your situation.

Can You Get PTSD From a Motorcycle Accident?

Yes, it is possible to suffer from post-traumatic stress disorder (PTSD) after a motorcycle accident. The symptoms of PTSD include:

  • Intrusive troubling thoughts and being easily startled
  • Unhealthy feelings such as anxiety, hopelessness, or numbness towards important relationships or tasks
  • Nightmares, panic attacks, and flashbacks to the traumatic event
  • Inability to eat, sleep, or concentrate
  • Thoughts or attempts at self-harm including substance abuse or suicide

PTSD can be caused by extreme experiences like assault, military service, terrorism, natural disasters, personal hardships like deaths or illness, and events like motorcycle accidents. Roughly 70% of adults experience at least one traumatic event, and 20% of those will develop PTSD as a result. That is equivalent to 1 out of 13 people who will experience PTSD during their lifetime.

Conditions like PTSD, depression, and anxiety are considered “pain and suffering” and are eligible for compensation. An experienced lawyer knows how to recognize these damages, document them for court proceedings, and argue to secure the appropriate settlement amount. Contact the Smith Law Center at (757) 244-7000 for representation.

Who Is at Fault in Most Motorcycle Accidents?

Statistically, a car or truck driver is more likely to be at fault in a motorcycle crash than the rider. However, it is the motorcycle operator who is far more likely to suffer catastrophic or fatal injuries.

Here are some of the preventable causes of motorcycle accidents, and how your motorcycle accident attorney may prove them:

Texting While Driving

Often illegal since it’s known to be so dangerous, people nevertheless still text and drive. In order to prove that texting while driving was the cause of the collision with a motorcyclist, timestamped messages can be brought as evidence by your attorney.

With that kind of clear evidence in hand, your lawyer may be able to secure a fair settlement amount for you without having to go to trial.


Speeding is another clear violation of the law, and one that may be proven by evidence at the accident site like skid marks. Another way to document high speeds is by obtaining recorded dashboard information from the other vehicle, or from an active cell phone which was traveling inside the vehicle.

Securing a motorcycle accident attorney as soon as possible is vital here, because certain forms of evidence can disappear with time, such as tire tracks on dirt roads after it rains. Evidence could also be erased by the other motorist, another illegal act of evidence tampering which could still harm your chances for fair treatment.

Your attorney may be able to gather important evidence before it is lost or hidden.

Driving Under the Influence

A motorist impaired by alcohol or other mind-altering substances (whether illegal or prescription) can be held accountable after the fact. One way is if police on the scene of the accident perform a breathalyzer or arrest the person for being intoxicated. Another way could be finding pictures of the person drinking at a party in the time prior to their driving.

An experienced motorcycle accident attorney will explore every avenue of proof to ensure your case is as strong as possible.

Driving a Poorly-Maintained Vehicle

Bald tires, worn-out brake pads, and other failures of maintenance on a car or truck can be the difference between a vehicle that stops in time, and one that crashes into another motorist.

The vehicle itself would likely provide this evidence, but again, such proof could be temporary. Legally this quality is referred to as “evanescent” evidence, meaning the proof has the potential to vanish or dwindle (like evaporating fog). What if the car is impounded and destroyed before the evidence is documented? This is why it’s important to secure a motorcycle accident lawyer as quickly as possible.

Failing to Obey Traffic Laws

Examples of disobeying traffic laws include carelessly rolling through stop signs, aggressively cutting off other drivers, or driving over improper spaces like sidewalks or bike lanes. Evidence at the crash site itself, or video from nearby surveillance cameras, could be presented as proof. 

An experienced motorcycle accident lawyer would have the foresight to gather this evidence before tapes can be recorded over or erased. While your priorities after the accident may involve getting treated for injuries, supporting your injured loved one, or grieving their loss, it’s an accident attorney’s duty to act on your behalf as soon as they’ve agreed to represent you.

Contact Smith Law Center at your earliest ability, and you may be able to empower an experienced lawyer to help you while you heal.

Distracted Driving

A driver may be distracted by other occupants of their vehicle, technology in the car (guidance devices, phones, radio, or backseat TVs), or food and drink. Anything that takes their attention away from driving means they may be held liable for a crash.

Proving this as the cause may involve evidence at the scene that shows how they were engaged before the crash, or witness recollections from passengers, bystanders, or first responders. Your motorcycle accident lawyer may be able to gather statements or pictures of the incident if they’re brought onto your case quickly enough.

These instances illustrate how to prove fault with another person, but even in cases where the motorcyclist is determined to be partially responsible for an accident, a lawsuit for damages may still be allowed.

Contact Smith Law Center at (757) 244-7000 as soon as possible — you may be able to secure experienced representation for your unique circumstances and needs.

What Information Should I Gather for My Motorcycle Accident Lawsuit?

It is your lawyer’s job to gather evidence for your case, not yours. While it is not necessary to have these documents in hand right away, the following information may nevertheless be useful to your attorney and help expedite your case:

  • The date and location of the crash, as well as what company may have towed the vehicles.
  •  A copy of the police report and any pictures you may have been able to take of the crash site
  • Any paperwork or receipts related to your medical care — including the initial ambulance ride, any surgeries performed, or take-home prescriptions and follow-up care
  •  Your vehicle and medical insurance information
  • The names and contact information of the other driver, any passengers, or other bystander witnesses

 If you have questions about whether any information or physical evidence you have is important, your lawyer from the Smith Law Center can help provide answers. Your attorney also has the power to legally demand (via subpoena) information about the other driver, their vehicle, and their cell phone records to thoroughly investigate the cause of your accident. This information allows us to build the strongest possible case on your behalf.

Contact Smith Law Center for a Motorcycle Accident Lawyer

Smith Law Center has successfully represented cases for those hurt by motorcycle collisions, and motorcycle accidents caused by poor bike construction. Our vast experience in both brain injury lawsuits and motor vehicle cases helps us balance the unique needs of every client, no matter how complex their situation.

If you need a motorcycle crash attorney to help you seek the care and support you need, call Smith Law Center at (757) 244-7000, or fill out our online contact form to schedule a consultation. Your case review is free and confidential, and could lead to a better future for you and your family.

Motorcycle Accident FAQ

What are the common causes of motorcycle accidents?

Many motorcycle accidents involving another vehicle are caused by:

  • Texting while driving
  • Speeding
  • Driving under the influence
  • Driving a poorly maintained vehicle
  • Failing to obey traffic laws
  • Distracted driving
What types of injuries do motorcycle accidents cause?

A motorcycle crash has a high potential to cause devastating injuries, including:

  • Brain and spinal injury from concussion or whiplash
  • Road rash from concrete or asphalt
  • Broken bones or damaged extremities
  • Disfigurement and scarring
  • Internal injury from impact or sudden stopping
What do damages from a motorcycle accident lawsuit cover?

Settlements and damage awards granted in cases of motorcycle accident may cover:

  • Financial support for medical care
  • Reimbursement for lost wages, future income, and other employment-related benefits 
  • Monetary restitution for pain and suffering
  • Replacement or repair of the motorcycle
  • Punitive or punishment damages from another person or company
  • Wrongful death support for funeral and burial costs, loss of income, and loss of companionship
How can a motorcycle accident lawyer from Smith Law Center help me?

The motorcycle accident attorneys at Smith Law Center have successfully recovered millions of dollars for clients injured due to defective bikes, accidents, and collisions. Call us at (757) 244-7000 if you need a fierce and dedicated advocate on your side after a motorcycle crash.

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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.

Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.

Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.

Mold in Military Housing

Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.

Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.

Monetary Awards in Military Housing Toxic Mold Cases

If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.

You may receive financial compensation for:

Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.

Military Housing Mold Toxicity Symptoms

The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:

  • Upper respiratory tract symptoms;
  • Coughing;
  • Wheezing;
  • Asthma symptoms in individuals with asthma; and
  • Hypersensitivity pneumonitis in individuals with weak immune systems.

There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.

Understanding Exposure to Toxic Mold in Military Housing

The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.

Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.

Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.

People may be more likely to experience mold toxicity symptoms if they have:

  • Allergies,
  • An underlying lung disease,
  • Immune suppression,
  • Chronic obstructive pulmonary disorder,
  • Asthma, or
  • Another chronic respiratory disease.

Common Types of Military Housing Mold

When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.

If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.

Who is Liable for Military Housing Mold?

Since 1996, most military housing has come under the management of private companies:

  • Belfour Beatty Communities: Fort Eustis and Fort Story/li>
  • Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
  • Hunt Military Communities: Fort Lee and Langley AFB

Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.

Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.

If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.

The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.

Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.

Other Hazards in Military Housing

Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:

Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.

Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.

Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.

Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.

Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.

What Happens When a Lot of People Get Sick?

Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.

Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.

Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.

Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away

Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.

Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.

Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.

You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.

Military Housing Mold Lawsuits: FAQs

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