Coastal Virginia’s scenic roadways often draw motorcyclists from across the country. Tragically, motorcyclists are more vulnerable to serious injury or death when they drive. Motorcycle operators are significantly more likely to die in a crash compared to passenger car crashes. If you are involved in a motorcycle accident, you need an attorney that will fight for you.
At Coletrane & Messersmith, our lawyers represent individuals who have been seriously hurt or killed in motorcycle accidents. We proudly serve communities throughout Virginia. If you have been injured in a motorcycle accident, call our office at (757) 223-4455 for a free consultation.
Virginia Motorcycle Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), motorcycle operators are nearly 29x more likely to die in a crash when compared to occupants of a passenger vehicle. Motorcyclists are less protected by their vehicles and more susceptible to serious if not fatal injuries.
The most recent Virginia traffic crash data reveals:
- In 2023, Virginia reported 2,127 motorcycle crashes, an increase of 3.6% from the previous year.
- Of these crashes, 121 were fatal, which is a 12.6% increase in fatalities compared to 2022.
- There were 1,620 injuries resulting from motorcycle accidents in 2023, including 738 serious injuries.
- Motorcycle crashes accounted for 1.7% of all traffic crashes but resulted in 13.8% of traffic fatalities in the state.
- About 10% of fatal motorcycle accidents occurred on interstate highways.
- In 2023, 115 motorcyclists were found to have been drinking, representing just over 5% of all motorcycle accidents.
- Nearly 38% of accidents showed no improper action by the motorcycle operator, indicating other factors often contribute to crashes.
If you are involved in a motorcycle accident, you need representation you can trust. Our motorcycle accident lawyers can help you understand your rights and pursue a claim for damages based on your injuries.
Common Injuries Sustained in Motorcycle Accidents
Riding offers freedom, but it also exposes you to forces that cars and trucks largely avoid. When a motorcycle accident occurs, the body absorbs direct impact with the road or other obstacles, often resulting in injuries that affect both mobility and daily life. Understanding these risks and having a lawyer who respects the riding community is essential because the severity of your injuries directly affects your compensation, and an experienced motorcycle accident attorney can help maximize the amount you receive.
Head & Brain Injuries (Even With a Helmet)
Even when wearing a helmet, motorcyclists remain at risk for head and brain injuries. Helmets can reduce the severity of trauma, but concussions, contusions, and more serious brain injuries can still occur when the head strikes the pavement, vehicles, or other obstacles. These injuries often require extensive medical treatment and can have long-lasting effects on cognition, memory, and daily functioning, making skilled legal guidance essential to protect your recovery and pursue full compensation.
Road Rash & Burns
Road rash is a frequent and serious injury in motorcycle accidents, occurring when the skin scrapes against pavement or hot surfaces. In severe cases, the damage can be deep enough to require skin grafts or reconstructive surgery, which often involve extensive medical care and recovery time. An experienced motorcycle accident attorney can advocate for you, ensuring your claim accounts for the full extent of your injuries, surgeries, and recovery needs so you receive the financial support necessary to heal.
Broken Bones & Fractures
Motorcycle accidents frequently cause broken bones and fractures, affecting areas such as the arms, legs, ribs, and collarbone. The force of a crash, even at lower speeds, can shatter bones, often requiring surgery, physical therapy, and lengthy recovery periods. These injuries can limit your mobility, disrupt daily life, and impact your ability to work.
Spinal Cord & Internal Injuries
Spinal cord and internal injuries are among the most serious consequences of motorcycle accidents. Damage to the spine can result in partial or full paralysis, while internal injuries, such as organ damage or internal bleeding, can be life-threatening and require immediate, intensive care. These types of injuries have a profound impact on the rest of a rider’s life, making legal representation essential to maximize compensation and support long-term recovery needs.
What Causes Motorcycle Accidents?
Many motorcycle accidents are preventable, caused by another’s driver’s negligence or wrongdoing. For example, operators of passenger vehicles may underestimate the speed of a motorcycle or fail to check their blind spot before changing lanes resulting in a catastrophic collision.
Common causes of motorcycle accidents:
- Driver inattention
- Distracted driving
- Failure to yield
- Improper lane change
- Following too closely
- Driving under the influence (DUI)
- Defective motorcycle parts
- Dangerous roads
It is critical to consult with a motorcycle accident lawyer immediately after your accident. An insurance company may try to force you into a settlement that is far less than what your case is worth. Do not sign anything or accept payment until you speak with an attorney.
What to Do After a Motorcycle Accident in Virginia
- Ensure Safety First: Move to a safe location if possible and check yourself and others for injuries. Call 911 immediately for medical assistance.
- Seek Medical Attention: Even if injuries seem minor, get evaluated by a medical professional to document your condition and prevent complications.
- Call the Police: A police report provides an official record of the accident, which can be crucial for your insurance claim and any potential legal action.
- Document the Scene: Take photos of the accident scene, vehicles, road conditions, and any visible injuries to preserve evidence.
- Collect Witness Information: Get names and contact details of anyone who saw the accident to support your case.
- Notify Your Insurance Company: Report the accident promptly, providing accurate details without admitting fault.
- Preserve Records: Keep medical records, repair estimates, and correspondence with insurance companies organized and accessible.
- Contact a Motorcycle Accident Attorney: An experienced lawyer can guide you through Virginia law, protect your rights, and help you pursue fair compensation.
Proving Fault and Negligence in a Motorcycle Accident Case
Motorcycle accidents in Newport News often involve multiple vehicles, busy streets, and tricky road conditions that can make determining responsibility difficult. A skilled attorney can examine the accident thoroughly, gather critical evidence, consult with experts, and craft a case that clearly identifies who caused the crash. Establishing fault is essential because it influences the compensation you may recover for medical care, time away from work, and ongoing treatment, helping ensure that the outcome accurately reflects the impact of your injuries.
Virginia's Contributory Negligence Rule
Virginia follows a contributory negligence rule, which means that if a motorcyclist is found to be even partially at fault for an accident, they may be barred from recovering any compensation. This rule can have a significant impact on motorcycle accidents Newport News, where crowded streets, intersections, and traffic patterns can create situations in which fault may be shared or disputed. For example, if a rider is rear-ended while braking suddenly for a pedestrian, an insurance company might argue the rider shares some responsibility for the crash.
How an Attorney Handles Motorcycle Insurance Coverage Disputes
Insurance companies may dispute your motorcycle accident claim for several reasons, including questioning who caused the crash, arguing that your injuries aren’t covered, or pointing to policy limits and exclusions. These disputes can slow down your claim, delay compensation, and sometimes result in an offer that doesn’t fully reflect your medical expenses, lost wages, and long-term recovery needs. Without professional guidance, navigating these issues can be confusing and leave you at a disadvantage.
A skilled motorcycle accident attorney can manage these disputes for you. Your attorney will review your insurance policy, gather evidence, and negotiate directly with the insurance company to protect your rights. They can speak on your behalf, challenge unfair denials, and use legal strategies to strengthen your claim. While no attorney can guarantee a specific outcome, having experienced representation greatly improves your chances of receiving fair compensation and helps ensure the process moves as efficiently as possible.
Understanding Virginia's Motorcycle Helmet Laws
Motorcycle riders in Virginia must be aware of the state’s helmet requirements to protect themselves and comply with the law. Virginia has specific rules regarding who must wear a helmet, helmet standards, and exceptions based on age and experience. Understanding these laws is important not only for safety but also because compliance can affect injury claims in the event of an accident.
Key Virginia helmet laws include:
- Riders under 21 are required to wear a helmet at all times.
- Riders 21 and older must wear a helmet unless they have held a motorcycle license for at least one year or have completed a certified motorcycle safety course.
- Helmets must meet Federal Motor Vehicle Safety Standard 218.
- Passengers are generally subject to the same requirements as riders.
- Failing to comply with helmet laws can impact legal claims and insurance coverage if an accident occurs.
What Will I Receive Compensation After a Motorcycle Accident?
Depending on the circumstances of your motorcycle accident and your injuries, you might be entitled to compensation. An attorney can conduct an independent investigation to determine if you have a valid claim for damages against a negligent party.
Individuals injured in motorcycle accidents may be entitled to compensation for:
- Medical bills
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Mental anguish
- Disfigurement
- Punitive damages (in rare cases)
Our motorcycle accident lawyers can walk you through the legal process and file a lawsuit based on personal injury. Under Virginia law, you only have two (2) years from the date of the accident to file a claim, or you may lose your right to compensation. Do not wait until it is too late.
Why You Need a Dedicated Motorcycle Accident Lawyer
When a motorcycle accident leads to injuries, lost income, or disputes with insurance companies, having an experienced attorney on your side is essential. Coletrane & Messersmith can investigate your crash, negotiate aggressively with insurers, and help ensure your claim reflects the full impact of your injuries. Contact us today to speak with a motorcycle accident lawyer who will fight for the compensation you deserve.
