Virginia Beach Motorcycle Accident Lawyer

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Motorcycle crash in Virginia Beach? A lawyer can help you recover full compensation.

David HoltSamantha Cohn
Legally Reviewed By
Stephen M. Smith
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Yamaha motorcycle on road, representing Virginia Beach motorcycle accident lawyer injury cases.Front of Smith Law Center building

Virginia Beach attracts riders with its scenic coastal routes, but sharing the road with distracted tourists and aggressive commuters creates serious risks.

When drivers fail to check blind spots on Atlantic Avenue, cut off motorcycles merging onto I-264, or turn left without yielding on Shore Drive, riders suffer devastating injuries.

Smith Law Center has represented Virginia Beach motorcyclists for over 75 years. We know the challenges riders face after crashes: insurance companies that assume fault before investigating, medical bills that pile up during recovery, and a legal system that treats motorcycle accidents differently than car collisions.

After his Virginia Beach motorcycle accident, one client struggled with mounting medical bills and pressure from insurance adjusters while still recovering from his injuries. The entire process seemed overwhelming and he did not know where to turn.

"I had an outstanding experience working with Smith Law Center. From the beginning, they demonstrated professionalism, compassion, and a deep understanding of the legal process. They communicated clearly, always kept me informed, and genuinely cared about my situation. Thanks to their expertise and dedication, everything was handled smoothly and efficiently. I highly recommend them to anyone seeking a knowledgeable and reliable attorney."

Our attorneys investigate crashes thoroughly, challenge unfair blame, and fight for compensation that covers your actual losses. 

Contact us at (757) 244-7000 for a free case review with a Virginia Beach motorcycle accident lawyer who will protect your rights while you focus on healing.

Common Causes of Virginia Beach Motorcycle Accidents

Motorcycle crashes in Virginia Beach follow predictable patterns. Understanding these common causes helps identify liability and build stronger cases against negligent drivers.

Distracted Driving

Tourists checking GPS directions, locals texting at stoplights, and drivers eating while navigating beach traffic take their attention off the road long enough to miss motorcycles entirely. Atlantic Avenue, Pacific Avenue, and the Oceanfront area see frequent accidents caused by drivers who never looked up before changing lanes or making turns.

Failure to Yield Right-of-Way

Drivers turning left at intersections along Shore Drive, General Booth Boulevard, and Virginia Beach Boulevard frequently turn directly into oncoming motorcycles. They either fail to see the approaching rider or misjudge the motorcycle's speed and distance.

Unsafe Lane Changes

I-264 and I-64 see regular accidents when drivers merge or change lanes without checking mirrors thoroughly. Motorcycles disappear in blind spots, and drivers who glance quickly before moving over cause serious collisions.

Following Too Closely

Rear-end crashes happen when drivers tailgate motorcycles on busy routes like Shore Drive and Laskin Road. When traffic slows unexpectedly, following vehicles cannot stop in time, striking riders from behind and often throwing them forward off their bikes.

Speeding and Aggressive Driving

Drivers racing to beat traffic on I-264 or rushing through yellow lights create dangerous situations for motorcyclists who have less protection during high-speed impacts.

Impaired Driving

Virginia Beach's active nightlife leads to drunk driving crashes along Atlantic Avenue, Pacific Avenue, and connecting roads. Impaired drivers have slower reaction times and make poor decisions that endanger motorcyclists sharing the road.

Door Strikes

Parked cars along residential streets and downtown areas create hazards when drivers or passengers open doors without checking for approaching motorcycles. These "dooring" accidents throw riders into traffic or cause them to crash avoiding open doors.

A Virginia Beach motorcycle accident attorney can investigate which factors caused your crash and identify all parties who should be held responsible for your injuries.

Virginia Beach Roads Where Motorcycle Crashes Occur Most Often

Certain roads and intersections in Virginia Beach generate motorcycle accidents repeatedly due to traffic volume, road design, and driver behavior patterns.

  • Atlantic Avenue and Pacific Avenue. Heavy tourist traffic, frequent parking maneuvers, pedestrians crossing mid-block, and drivers unfamiliar with the area create constant hazards. Riders navigate between distracted sightseers and aggressive locals trying to get through congested areas quickly.
  • Shore Drive. This scenic route sees serious crashes where drivers making left turns into businesses or residential areas fail to yield to oncoming motorcycles. The combination of higher speed limits and frequent turning movements creates deadly conflicts.
  • I-264. High-speed traffic, aggressive lane changes, and limited escape routes make this interstate particularly dangerous for motorcyclists. Crashes here often result in severe injuries due to impact forces at highway speeds.

Local riders know these problem areas demand extra caution. But even defensive riding cannot always prevent crashes when drivers make dangerous mistakes.

Serious Injuries Virginia Beach Motorcyclists Face

The physics of motorcycle crashes explain why injuries tend to be severe. Without the protective shell of a vehicle, riders absorb impact forces directly, often resulting in injuries that require extensive treatment and cause permanent limitations.

  • Traumatic brain injuries,
  • Spinal cord injuries,
  • Severe road rash,
  • Broken bones and fractures,
  • Organ damage or internal bleeding,
  • Limb amputation,
  • Facial lacerations and dental injuries, and
  • Psychological trauma and PTSD.

These injuries often require immediate emergency care followed by months or years of treatment, rehabilitation, and ongoing medical management. The full cost extends far beyond initial hospital bills.

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Understanding Virginia's Contributory Negligence Rule

Virginia follows one of the harshest fault rules in the country, and this rule significantly affects motorcycle accident cases. Under the state’s pure contributory negligence law, if you are found even 1% at fault for the accident, you cannot recover any compensation from the other driver.

This rule creates enormous challenges for injured motorcyclists. Insurance companies understand that proving minimal rider fault eliminates their obligation to pay damages entirely. They investigate aggressively looking for any evidence that the rider contributed to the crash in any way.

Common tactics insurance companies use include:

  • Questioning your speed. Even if you were traveling at or below the speed limit, adjusters may argue you were going too fast for conditions or could have avoided the crash by traveling slower.
  • Examining your lane position. They may claim you were riding too close to the center line, too far right, or in a position that made you less visible to the other driver.
  • Investigating helmet compliance. While wearing an approved helmet is required by law, insurance companies sometimes argue that the type of helmet you wore contributed to your injuries.
  • Analyzing your reaction time. Adjusters may claim you should have braked harder, swerved differently, or taken other evasive action to avoid the collision.
  • Reviewing traffic violations. Any citation you received at the scene, even for minor infractions unrelated to the crash cause, can be used to argue contributory negligence.

This strict standard makes early legal representation critical. A Virginia Beach motorcycle wreck attorney can gather evidence establishing that the other driver's negligence caused the crash and counter attempts to shift blame onto you before the insurance company builds a denial argument into the official record.

Insurance companies move quickly after motorcycle crashes. They send investigators to accident scenes, interview witnesses, and review police reports looking for evidence of rider fault. The sooner you have legal representation, the better protected your rights will be.

Call (757) 244-7000 to speak with a Virginia Beach motorcycle accident lawyer who will start investigating your case immediately and prevent insurance companies from building unfair fault arguments against you.

What Compensation Can Virginia Beach Motorcycle Accident Victims Recover?

When another driver's negligence causes a motorcycle crash, Virginia law allows injured riders to seek compensation for multiple categories of damages. A Virginia Beach motorcycle accident attorney can identify every loss you have suffered and ensure your claim reflects the full impact of the accident.

  • Medical expenses,
  • Lost wages and reduced earning capacity,
  • Motorcycle repair or replacement costs, and
  • Pain and suffering.

Virginia does not cap economic or noneconomic damages in motorcycle accident cases. The compensation you receive depends on the severity of your injuries, the impact on your life, and the quality of evidence supporting your claim.

Studies consistently show that injury victims with legal representation recover significantly more compensation than those who handle claims alone. According to research from Martindale-Nolo, people who hire attorneys for personal injury claims recover nearly 3.5 times more than those who negotiate directly with insurance companies, even after accounting for attorney fees.

At Smith Law Center, we have recovered millions for injured Virginia Beach motorcyclists, including $1.75 million for a rider who suffered head injuries and $900,000 for a client who sustained a traumatic brain injury in a collision. 

These results reflect our Virginia Beach motorcycle accident attorneys commitment to refusing to accept inadequate settlement offers from insurance companies.

Steps to Take After a Motorcycle Crash in Virginia Beach

Your actions immediately following a motorcycle accident can significantly affect both your health and your ability to recover compensation. Here is what you should do:

  • Check for injuries and call 911. Even if you feel fine, call emergency services. Some serious injuries do not produce immediate symptoms, and prompt medical evaluation creates crucial documentation linking your injuries to the accident.
  • Report the accident to police. Virginia law requires reporting accidents involving injury, death, or property damage exceeding $1,500. The police report documents critical details about the crash, the other driver's information, witness statements, and the officer's assessment of fault.
  • Document the scene. If you are physically able, take photographs of the accident scene from multiple angles. Capture damage to your motorcycle, damage to other vehicles involved, skid marks, road conditions, traffic control devices, and any visible injuries. 
  • Seek immediate medical treatment. Go to the emergency room or urgent care even if you believe your injuries are minor. Delayed medical care gives insurance companies ammunition to argue that injuries were not serious or were not caused by the accident.
  • Preserve all evidence. Keep your damaged helmet, torn riding gear, and any other property involved in the collision. Save all medical bills, prescription receipts, repair estimates, and records of missed work.
  • Avoid social media posts about the accident. Insurance companies monitor social media accounts looking for posts, photos, or comments they can use against you. A picture of you standing or smiling can be misrepresented as proof that your injuries are not serious.
  • Contact a Virginia Beach motorcycle crash attorney immediately. Early legal representation protects your rights from the beginning, prevents you from making statements that could harm your case, and ensures evidence is preserved before it disappears.

How Smith Law Center Protects Virginia Beach Motorcyclists' Rights

Our Virginia Beach motorcycle accident lawyers approach to cases combines thorough investigation, aggressive advocacy, and trial-ready preparation that puts pressure on insurance companies to offer fair settlements.

  • who examine physical evidence, analyze road conditions, review traffic control devices, and create detailed reports explaining how the accident occurred and establishing the other driver's fault.
  • Comprehensive evidence gathering. We obtain police reports, 911 recordings, witness statements, surveillance footage, traffic camera recordings, and all available documentation before evidence disappears or memories fade.
  • Medical expert consultation. We work with treating physicians and independent medical experts who can document the full extent of your injuries, explain necessary future treatment, and testify about how injuries will affect your life long-term.
  • Detailed damage documentation. We calculate the complete financial impact of your injuries, including current medical expenses, future treatment costs, lost wages, reduced earning capacity, and non-economic damages like pain and suffering.
  • Aggressive negotiation with insurance companies. We handle all communications with insurance adjusters, counter lowball settlement offers with documented evidence, and push for compensation that reflects the true value of your case.
  • Trial preparation from day one. We prepare every case as if it will go to trial, which creates settlement leverage and ensures we are ready to present your case to a jury if the insurance company refuses to offer fair compensation.
"Motorcycle riders already face enough challenges on the road. After a crash, they shouldn't have to fight insurance companies alone. Our job is to level the playing field and make sure riders get the compensation they deserve under Virginia law."

— Howard Smith, Smith Law Center

Contact a Virginia Beach Motorcycle Wreck Attorney Today

For over 75 years, Smith Law Center has fought for injured Virginians, recovering over $1 billion in verdicts and settlements. Our three generations of trial attorneys understand Virginia motorcycle law, local court procedures, and the specific strategies needed to overcome the systematic disadvantages riders face in personal injury claims.

Call (757) 244-7000 or message us online now for a free consultation with a Virginia Beach motorcycle crash lawyer who will evaluate your case and explain your legal options.

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FAQs

Virginia Beach Motorcycle FAQs

What if the other driver claims they did not see me?

This excuse appears frequently in accident reports but typically indicates driver negligence rather than rider fault. Drivers have a legal obligation to look carefully for all vehicles, including motorcycles, before changing lanes or turning. We can use traffic camera footage, witness testimony, and accident reconstruction to prove you were visible and operating lawfully.

Can I recover compensation if I was not wearing all protective gear?

Yes. While Virginia requires DOT-approved helmets, the law does not mandate other protective gear. Insurance companies may argue that lack of protective clothing contributed to injury severity, but this argument rarely succeeds when the other driver clearly caused the crash. We can show that the collision would have caused serious injury regardless of what you were wearing.

How long do I have to file a motorcycle accident lawsuit in Virginia?

Virginia's statute of limitations gives you two years from the accident date to file a personal injury lawsuit. Missing this deadline eliminates your right to seek compensation regardless of how strong your case is. Early action also preserves evidence and witness memories while they are still fresh.

What if I was partially at fault for the accident?

Virginia's contributory negligence rule is extremely harsh. If you are found even 1% responsible for the crash, you cannot recover any compensation. This makes it critical to have an attorney who can gather evidence establishing the other driver's complete fault and defend against insurance company attempts to shift any blame onto you. 

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