Motorcyclists in Virginia face unique dangers — and unique legal challenges — after an accident.
Because of bias, limited visibility, and severe injury potential, motorcycle riders often have to fight harder to prove what really happened and to recover what they’re owed.
If you’ve been injured while riding, protecting your rights starts immediately — at the crash scene, during medical treatment, and in every conversation that follows.
A guide from Cardon Law. This is general information, not legal advice. For specific help after a motorcycle crash, contact an experienced Virginia Beach motorcycle accident lawyer.
Motorcycle Crash Evidence Checklist — What to Do Right Away
| ✅ Action Step | 📍 Why It Matters |
|---|---|
| Call 911 and report the crash | Creates an official police record under § 46.2-373. |
| Take photos and video | Capture skid marks, vehicle positions, roadway debris, and your bike’s condition before tow-away. |
| Get driver and witness info | Write down names, phone numbers, and plate numbers — witnesses are critical to counter bias against riders. |
| Preserve your helmet and gear | They may later prove impact points or disprove false claims that you weren’t wearing protection. |
| Seek immediate medical care | Establishes the link between the crash and your injuries under § 8.01-243(A). (2 year S.O.L.) |
| Avoid recorded statements | Insurance adjusters often try to shift blame to the motorcyclist — let your attorney handle communications. |
1) Why Motorcycle Accidents Are Legally Different
Even careful riders are often blamed unfairly. Virginia law gives equal rights to all motorists, but bias against motorcyclists can still influence how police, insurers, and juries view a crash.
a) Visibility and Perception Issues
Drivers often claim they “didn’t see the motorcycle.”
Failure to yield, unsafe lane changes, and left-turn violations are the leading causes of motorcycle collisions in Virginia.
b) Contributory Negligence in Virginia
Virginia follows the strict doctrine of contributory negligence, meaning if you’re found even 1% at fault, you can be barred from recovery.
This makes early investigation and witness preservation essential.
c) Comparative Injury Severity
Motorcycle accidents frequently cause catastrophic injuries — compound fractures, road rash, traumatic brain injury (TBI), and/or spinal cord injuries — requiring specialized medical proof of long-term impairment.
Cardon Law Case Example: I helped a young man and woman who had catastrophic injuries from being hit by a commercial truck while riding on a motorcycle in the Ghent neighborhood of Norfolk, Virginia. The truck did not stop at a stop-sign and hit the motorcycle, causing permanent injuries to both the driver and passenger in their early 20’s. I was able to settle the case for $1,500,000 which was the limits of the policy due to the catastrophic injuries they sustained. (Note: past results are given as an example of what can happen, these results are not guaranteed for any future cases.)
2) Common Causes of Motorcycle Accidents
- Drivers turning left in front of oncoming motorcycles
- Unsafe lane changes or blind-spot violations
- Distracted or impaired driving
- Tailgating or sudden stops
- Dangerous road conditions or debris
- Speeding or reckless driving
In every case, documenting the scene and locating witnesses immediately helps overcome later disputes about who caused the crash. Don’t rely on the police investigating to get witness information; they don’t always take the time to interview all witnesses at the scene.
3) Preserving Evidence
Motorcycle accident evidence disappears quickly — skid marks fade, debris is cleaned up, and damaged bikes are repaired or salvaged.
Your attorney can act fast to:
- Send preservation letters to at-fault drivers and insurers,
- Obtain nearby traffic-cam or business-surveillance footage,
- Download event data recorders (EDRs) from involved vehicles, and
- Work with accident reconstruction experts to prove visibility and impact angles.
These steps help counter common defenses like “the rider came out of nowhere.”
4) Medical Treatment and Insurance Coverage
Motorcyclists often have limited protection under standard auto policies.
Here’s what to know:
a) Health Insurance vs. MedPay Insurance
- Health insurance covers additional costs, but providers may later claim subrogation rights from your settlement.
- Medical Payment Insurance (MedPay) coverage under § 38.2-2201 is medical insurance offered through your motorcycle insurance may pay medical bills up to policy limits, regardless of who is at fault. This insurance is in addition to health insurance, so it is possible to receive MedPay payments even if the health providers are paid in full by medical insurance.
b) Uninsured / Underinsured Motorist Coverage (UM/UIM)
Under § 38.2-2206, UM/UIM coverage applies when the at-fault driver has too little (or no) insurance — which happens frequently in motorcycle cases.
Your own motorcycle or auto policy may provide critical coverage the at-fault driver does not have. That is why it’s important to carry excellent motorcycle insurance yourself because it can protect you if you are at fault for an accident or not.
Cardon Law Case Example: I had a case recently involving my client who was involved in a motorcycle accident with a car. He ended up losing his leg and incurred over $250,000 in medical bills. The woman who caused the accident only had a policy of $50,000 and my client only had coverage of $25,000. If he had a policy of $300,000, $500,000 or even $1,000,000, his insurance would have kicked in under the Under-Insured Motorist Provision, and he would have gotten a sizable settlement. As it turned out, he settled for the $50,000 limit and that is all the money he received for losing his leg.
5) Repair and Valuation Issues
Motorcycles often sustain frame or alignment damage not visible externally.
- Get a full inspection from a qualified motorcycle repair facility.
- Save all receipts and parts lists.
- Do not agree to early settlements before your bike is fully evaluated.
Under Virginia Code § 46.2-1088.6, you may choose your own repair shop — not one chosen by an insurance carrier.
6) Helmet and Safety Gear Laws
Virginia law requires all motorcycle riders to wear helmets meeting DOT or Snell standards, and to use eye protection or a windscreen under § 46.2-910.
Failing to wear a helmet does not automatically bar recovery, but insurers will argue it contributed to injury severity — making medical and biomechanical evidence crucial.
7) Dealing With Insurance Adjusters
After a crash, you may receive calls from:
- The at-fault driver’s insurer, or
- Your own company (for MedPay or UM/UIM claims).
Never provide recorded statements or admit fault. Even saying, “I didn’t see them either,” can be twisted into contributory negligence.
Your lawyer should handle all communication, demand letters, and negotiations.
8) Common Mistakes Motorcyclists Make After a Crash
🚫 Leaving the scene before police arrive.
🚫 Posting crash details or photos on social media.
🚫 Repairing or selling the motorcycle before it’s inspected.
🚫 Ignoring follow-up medical care.
🚫 Giving statements to insurance adjusters without counsel.
Each of these can severely damage your claim.
FAQ
Can I recover if the other driver says I was speeding?
Possibly. Speeding alone doesn’t prove fault — evidence (like distance, damage, and witness statements) can rebut those claims.
Do I need motorcycle-specific insurance?
Yes. Standard car policies may not cover motorcycles. Make sure your UM/UIM limits are high — many serious motorcycle injuries exceed minimum coverage. (See example of horror story above.)
What if the driver fled the scene?
Uninsured motorist coverage under § 38.2-2206 can still apply for hit-and-run crashes.
How long do I have to file a claim?
Two years from the crash date under § 8.01-243(A). After two years, you lose your right to file a lawsuit.
What if I wasn’t wearing a helmet?
It doesn’t bar recovery, but it can affect damages if the insurer argues not wearing a helmet worsened your injuries.
Injured in a Motorcycle Accident in Virginia? Protect Your Rights Now.
Motorcycle riders deserve the same respect and legal protection as anyone else on the road — but insurance companies often see them as easy targets.
Don’t let that happen to you.
Cardon Law fights for injured riders across Virginia Beach, Norfolk, and Hampton Roads — gathering evidence, countering bias, and maximizing recovery for medical bills, lost wages, and pain and suffering.
📞 Free Consultation: (757) 306-9060
📱 24/7 Direct to David A. Cardon: (757) 620-3283
