Although the pickup truck turned across the motorcycle’s path, the insurance company raised questions about the biker’s speed.
The insurer suggested he was traveling too fast, potentially forfeiting his right-of-way at the intersection. This argument threatened his ability to recover compensation.
Virginia follows a strict contributory negligence rule, meaning an injured person can be barred from recovering compensation if their own negligence contributed to the accident.
For motorcyclists, allegations of speeding are a common tactic by insurance companies for defendants. It can become a significant obstacle, even when another driver turns directly into their travel lane.
In this case, the insurer’s allegations were not strongly supported by evidence so attorney Lotkin pushed forward, aggressively protecting the rights of our client.