Virginia Motorcycle Accident Attorney

Get Help from an Experienced Virginia Motorcycle Accident Lawyer

Attorney Bob Goldwater founded The Goldwater Law Firm more than two decades ago with a mission to help as many people as possible access compassionate, quality legal services. Today, our firm is one of the most widely recognized in the country, with strategic partnerships with large and successful law firms serving clients in all 50 states.

If you or someone you loved suffered injuries in a crash caused by a negligent driver, we can help you find a Virginia personal injury lawyer who will fight for your rights and future. A motorcycle accident attorney can do the following, allowing you to focus your time and efforts on healing:

• Review your case and discuss your legal options
• Investigate the collision
• Gather evidence to support your claim for compensation
• Prepare and file insurance paperwork and case documents
• Manage and adhere to deadlines
• Handle emails, phone calls, and meetings with involved parties
• Negotiate for a full and fair settlement
• File a lawsuit and represent you in court if necessary

Virginia Motorcycle Accident Attorneys Can Fight for Maximum Compensation

The Goldwater Law Firm and our law firm partners understand that your need for results is paramount. A Virginia motorcycle accident lawyer will fight to ensure a liable driver’s mistakes do not threaten your financial stability.

In general, compensation may include:

• Medical expenses – You can seek the cost of current and future medical treatments and necessary medical devices, including surgeries, hospital stays, doctor bills, prosthetics and mobility aids, prescription drugs, physical therapy, nursing services, and attendant care.
• Lost income – You can recover wages, earnings, and benefits from missed work. You may also qualify for compensation for lost earning capacity if you cannot return to work because of your injury.
• Pain and suffering – These damages award victims for intangible losses, including severe and chronic pain, scarring, disfigurement, emotional distress, mental anguish, loss of enjoyment, and lost quality of life.
• Wrongful death – A Virginia wrongful death lawyer can seek compensation for your family member’s fatal injury. Damages may include medical bills, funeral and burial costs, survivors’ mental suffering and sorrow, and the loss of your loved one’s services, support, financial contributions, care, guidance, and companionship.

Recent Changes to Virginia’s Insurance Requirements

Recent changes to Virginia’s insurance requirements have increased the amount of compensation injured parties may be able to recover through auto liability insurance.

According to the Virginia Department of Motor Vehicles (DMV), the minimum coverage requirements for policies issued before Dec. 31, 2024, are $30,000 in bodily injury liability (BIL) per person, $60,000 in BIL per accident, and $20,000 in property damage liability (PDL). Minimums for policies issued on or after Jan. 1, 2025, have increased to $50,000 in BIL per person, $100,000 in BIL per accident, and $25,000 in PDL.

A Virginia car accident lawyer can help you seek motorcycle crash compensation up to the at-fault party’s insurance policy limit. Call The Goldwater Law Firm today to connect with a Virginia motorcycle collision attorney who can assist with your case. Free initial consultations.

Proving Fault for a Motorcycle Collision

Winning compensation means proving that a liable party’s actions caused your crash. To do this, motorcycle accident lawyers will establish the following four elements of negligence:

1. Duty of care – When driving, motorists owe others on the road a duty of care. This duty is a legal obligation to act reasonably and avoid harming others.
2. Breach of duty – A driver breaches their duty of care when they disobey the law, disobey the rules of the road, or operate their vehicle in a way most others would not find safe or necessary.
3. Causation – Causation requires that a lawyer demonstrate how a breach of duty led to a victim’s injuries. For example, an attorney may show that a driver failed to stop at a red light, causing them to broadside a motorcycle and break the rider’s leg.
4. Damages – Damages prove that a victim’s injury led to economic and non-economic damages.

In most cases, your attorneys will build a case against a liable driver. However, depending on the circumstances of the accident, other at-fault parties may include a property owner, a vehicle or auto parts maker, a negligent mechanic, or a driver’s employer.

Motorcycle Crash Evidence

Proving fault and demonstrating negligence requires gathering evidence and applying it under the law. Proof in a motorcycle accident case may include:

• Physical evidence from the accident scene
• Photographs and video of the crash site
• Available cell phone or surveillance footage of the collision
• Eyewitness statements
• Police reports
• Medical records
• Bills, invoices, receipts, pay stubs, and other evidence of your losses

A Virginia motorcycle accident attorney can do the work needed to collect evidence and construct your claim. The Goldwater Law Firm can also call on a vast network of industry experts and specialists who can support your case, including healthcare professionals, crash reconstruction experts, life care planners, and more.

Common Causes of Motorcycle Crashes

According to the Virginia Highway Safety Office, in 2023, there were 2,127 motorcycle accidents in the Commonwealth. These collisions injured 1,719 motorcyclists and resulted in the death of 125 motorcycle riders. The majority of these accidents involved multiple vehicles and occurred on non-interstate roads.

The Highway Safety Office reports that some of the leading causes of motor vehicle accidents in Virginia in 2023 included:

• Drunk driving – Around one-third of traffic fatalities and around 7 percent of injury crashes involved an intoxicated driver.
• Distracted driving – Just over 7 percent of fatal collisions and 18 percent of injury accidents involved driver inattention, including cell phone use.
• Speeding – Nearly half of fatal accidents and just over 21 percent of injury collisions involved speeding.

Other common causes of motorcycle accidents include:

• Improper turns
• Improper passing
• Tailgating
• Failure to yield the right of way
• Failure to obey traffic signs and signals
• Reckless and aggressive driving
• Failure to check blind spots

Motorcycle Accident Injuries Can Be Severe or Even Deadly

Riding a motorcycle is more dangerous than traveling in a car because motorcycles do not have enclosed cabs, seatbelts, airbags, or other crash protections that a vehicle offers. According to the Insurance Institute for Highway Safety (IIHS), per mile traveled, motorcyclists are 29 times more likely to die in an accident than passenger vehicle occupants.

And insurance companies know this. There is an inherent bias against riders; many think they are reckless and must be at fault for the crash. Our team and our co-counsels know this isn’t true and fight for you and your family.

Our law firm partners can handle severe, catastrophic, and fatal injury claims involving:

• Severe cuts and bruising (“road rash”)
• Back, neck, and shoulder injuries
• Broken bones
• Loss of limb
• Loss of a bodily function
• Head and facial injuries
• Brain injuries
• Spinal cord injuries
• Internal injuries and organ damage

Protect Yourself in the Event of an Accident

Motorcycle laws can vary from state to state. Understanding the Commonwealth’s laws can protect you physically (and legally) if you are in an accident.

• Does Virginia have a helmet law? – Yes, helmets are required. Va. Code § 46.2-910 states that all motorcycle operators must wear a protective helmet and either equip their bike with a windshield or wear a face shield, safety glasses, or goggles.
• Is lane splitting legal in Virginia? No, lane splitting and lane filtering are illegal.
• Is lane sharing legal in Virginia? – Yes, motorcyclists can ride two abreast in a single lane. However, Va. Code § 46.2-857 forbids lane sharing between motorcycles and other types of motor vehicles.

Virginia’s Motorcycle Accident Statute of Limitations

You have a limited time to pursue a motorcycle accident case. Va. Code § 8.01-243 allows two years to file a personal injury lawsuit. Va. Code § 8.01-244 allows two years to sue for the wrongful death of a loved one. If the statute of limitations on your legal issue expires, the court will likely bar you from taking action.

If you cannot sue, it will significantly reduce your bargaining power with the insurance company, so these deadlines matter, even if you expect to resolve your case outside of court. A Virginia motorcycle accident attorney can help you get started before time runs out.