Virginia Motorcycle Accident Lawyer

The open road beckons to motorcycle enthusiasts with the promise of freedom, exhilaration, and the thrill of the ride. However, the freedom of two wheels comes with its own set of risks, and accidents are an incredibly dangerous reality for some riders.

In Virginia, navigating the aftermath of a motorcycle accident requires a nuanced understanding of state laws, insurance complexities, and the unique challenges that motorcyclists face. This is where the experience of a seasoned Virginia motorcycle accident attorney proves invaluable.

At Smith Law Center, our legal professionals are dedicated to safeguarding the rights and interests of those who have suffered due to motorcycle accidents. From unraveling the intricate legal landscape to advocating for just compensation, a skilled attorney can make all the difference in rebuilding the lives of survivors and their families.

If you need proven representation, reach out to our Virginia motorcycle accident lawyers online or by calling (757) 244-7000. We are ready to help you through the aftermath of a motorcycle accident, with extensive experience in brain and spinal cord injuries as well.

“I had the pleasure of being represented by Attorney Emily Strak for a rear-end collision. Mrs. Strak was compassionate, communicative, and responsive to my questions, and any concerns I had were met with care and understanding. I highly recommend Mrs. Strak and Smith Law Center!”

- Mandy | Client

Common Causes of Motorcycle Accidents in Virginia

As Virginia motorcycle accident attorneys, we’ve seen time and time again how quickly a normal ride can turn into a serious crash, often because another driver simply wasn’t paying attention.

Here are some of the most common causes we’ve seen on the road:

• Drivers Not Seeing Motorcycles: Many drivers are used to looking out for other cars or trucks, but not motorcycles. They might turn left, change lanes, or pull out of a driveway without ever noticing the rider nearby because they weren’t paying attention.
• Speeding: Speeding is dangerous for everyone, but it’s especially risky when motorcycles are involved. When a driver is going too fast, they don’t have enough time to stop or avoid a crash. And because motorcycles don’t offer the same protection as cars, the injuries are often much more serious for riders.
• Distracted Driving: Phones, GPS screens, snacks—drivers today are more distracted than ever. When someone’s eyes or mind isn't on the road, they’re less likely to see a motorcycle until it’s too late. 
• Driving Under the Influence: Drivers who are under the influence of alcohol or drugs make poor decisions, react more slowly, and often don’t even realize how dangerous they’re being. In 2022 alone, 14,247 people were convicted of DUI in Virginia.
• Dangerous Roads in Virginia: Highways like I-81, I-64, and U.S. Route 29 see heavy traffic, fast-moving vehicles, and frequent construction, all of which increase the risk for motorcyclists. 
• Poor Road Conditions: Loose gravel, potholes, debris, or sudden dips in the road might not be a big deal for a car, but for someone on a motorcycle, these are serious hazards. It only takes one unexpected bump or patch of rough pavement to cause a dangerous crash. And when roads aren’t properly maintained, it’s motorcyclists who suffer the most.

The Truth Behind Those Insurance Commercials

You’ve seen the lighthearted ads from insurance companies. But when you're seriously injured in a motorcycle accident, the reality is no laughing matter.

This video featuring attorney David Holt explains what they don’t show you in the commercials, and why having an experienced motorcycle accident lawyer on your side can make all the difference:

Motorcycle Accident Statistics in Virginia

Motorcycling is a passion for many, but it's important to be aware of the serious risks involved. In Virginia, motorcycle accidents can be especially devastating. The numbers tell a sobering story:

• In 2023, the Virginia Department of Motor Vehicles (DMV) reported over 2,100 motorcycle crashes statewide, a slight increase from the previous year.
• These crashes led to over 120 fatalities and more than 1,700 injuries.
• While motorcycles make up a small fraction of registered vehicles in Virginia, they account for a disproportionately high percentage of traffic fatalities. In 2023, motorcycle crashes were responsible for nearly 14% of all traffic deaths in the state.
• A motorcyclist is about 28 times more likely to die in a crash than someone in a passenger car. This is often because motorcycles lack the protective frame, airbags, and seatbelts that cars have.

These aren’t just numbers on a report. They're a reminder of how unforgiving the road can be, especially for motorcyclists in Virginia. If you’re reading this after a crash, odds are you’re dealing with a lot right now: pain, bills, questions, maybe even some pressure to settle fast. Don’t go through it blind. 

Smith Law Center understands the risks you take every time you get on your bike, and we know how to hold careless drivers and insurance companies responsible. If someone else’s bad decision put you in this situation, they need to answer for it. Reach out to our team online or by calling (757) 244-7000 today.

Staying Safe on Virginia Roads: Motorcycle Riding Tips 

We’re here when things go wrong, but we’d rather you not need us at all. Even the most experienced riders can't control what other drivers do, but there are smart steps you can take to reduce your risk, stay visible, and ride with confidence on Virginia roads.

• Wear a Helmet, Always: Your helmet is the most important piece of safety gear you own. Virginia law requires it, but more importantly, it protects your head in the event of a crash. Choose a DOT-approved helmet with a face shield, or wear safety goggles if using an open-face model.
• Gear Up, Every Ride: Every layer of protective clothing helps. A quality jacket, long pants, gloves, and boots can make a big difference if you lay down the bike. 
• Be Seen: Most motorcycle accidents happen because another driver simply didn’t see the rider. Stay visible by using your headlight at all times, signaling early, and wearing bright or reflective clothing, especially in low-light or bad weather conditions.
• Sharpen Your Skills: Even experienced riders benefit from safety courses. The Virginia DMV offers programs that cover advanced riding techniques, accident avoidance, and defensive driving strategies. It's a smart way to stay sharp and confident on the road.
• Keep Your Bike Road-Ready: A well-maintained motorcycle is a safer motorcycle. Before each ride, check your tires, brakes, lights, and signals. Good maintenance improves control and reduces the risk of preventable breakdowns.

What to Do After a Motorcycle Accident in Virginia

The moments after a motorcycle accident can be chaotic and confusing. Knowing what to do can protect your health and your legal rights. Here is a step-by-step guide on what to do if you’ve been in a motorcycle accident in Virginia:

1. Stay Calm and Move to Safety: If you can, move yourself and your motorcycle out of the way of oncoming traffic. This prevents further accidents.
2. Check for Injuries: Assess yourself and others for injuries. Even if you feel okay, some serious injuries might not be immediately obvious.
3. Call 911: Report the accident to the police and get an official police report. This report will be a very important piece of evidence for your case down the line.
4. Gather Driver Information and Witness Statements: Get the other driver’s name, contact information, insurance details, and license plate number. If there are witnesses, get their names, a short statement, and contact information, too.
5. Take Pictures and Video: Use your phone to take photos and videos of the accident scene, your motorcycle, the other vehicles involved, and any visible injuries. Remember, you can never take too many pictures or video evidence of what happened. All of it can help, including different angles, lighting, and close-ups, which might show details you didn’t notice at the time. The more you capture, the better your chances of proving what really happened.
6. Do Not Admit Fault: Do not apologize or say anything that could be seen as admitting you were at fault. Even a simple "I'm sorry" could be used against you later.
7. Seek Medical Attention: Go to the hospital or see a doctor right away, even if you feel fine. A medical professional can diagnose injuries you might not feel yet, and a medical record is crucial for your claim.
8. Avoid Posting on Social Media: It might be tempting to update friends or family, but posts, photos, or comments, even unrelated ones, can be used to argue that you’re not as injured as you claim or that you were somehow at fault. Stay off social media until your case is resolved.‍
9. Contact a Virginia Motorcycle Accident Lawyer: Before you speak to any insurance company, call us. An experienced attorney can handle all communication with the insurance adjusters and protect your rights from the very start.

Insurance companies are not on your side after a motorcycle accident. Their job is to protect themselves, not your recovery. It’s easy to think that being honest and cooperative will help your claim, but here’s the truth: anything you say can and will be used to downplay your injuries or shift blame onto you.

One of the biggest mistakes we see riders make is giving a recorded statement to the other driver’s insurance company. These statements are often picked apart, twisted, and used to argue that your injuries aren’t that serious or that the crash was somehow your fault.

Don’t fall for it. You are not required to give a recorded statement, and doing so without legal guidance can seriously hurt your case. Before you talk to them, talk to a Virginia motorcycle accident attorney at Smith Law Center.

Know Your Rights After a Motorcycle Accident in Virginia

After a motorcycle crash, you're not just dealing with injuries. You're also trying to figure out what you're legally entitled to. Virginia has some unique rules that make it even more important to understand your rights and protect them from the start.

Here’s what every injured motorcyclist in Virginia should know:

You Have the Right to Seek Compensation

If someone else caused the crash, you have the right to pursue money for your medical bills, lost income, pain and suffering, damage to your bike, and more. This isn’t a favor. This is your legal right. 

Virginia’s Contributory Negligence Rule and How It Can Impact Your Claim

Here’s the tough part: Virginia is one of the only states that still follows pure contributory negligence. That means if you're found even 1% at fault, you could lose your right to any compensation. 

Insurance companies know this and will absolutely try to use it against you. That’s why having a lawyer who knows how to shut down those arguments matters. We know how to prove the crash wasn’t your fault, and that can make all the difference in your recovery.

You Don’t Have to Talk to the Other Side’s Insurance Company

You are not required to speak to the other driver’s insurance adjuster. Adjusters are trained to twist your words, downplay your injuries, and get you to settle for less. Once we’re on your case, we take over all communication so you don’t have to deal with their tactics.

You Have Legal Options Beyond the First Offer

You don’t have to accept a lowball settlement. If the offer doesn’t cover your losses or the insurance company refuses to take responsibility, you can file a personal injury lawsuit. In Virginia, you have two years from the date of the crash to take legal action. That might sound like plenty of time, but building a strong case takes work. The sooner you start, the better.

You Have the Right to Fair Treatment

Insurance companies are supposed to process your claim fairly and on time. If they’re delaying your claim, giving you the runaround, or offering far less than your claim is worth, you can take action. A lawyer can step in, take control of the process, and fight to make sure you’re treated properly.

You Have the Right to Understand Your Coverage

You have access to your own medical records, and you have the right to fully understand what your insurance policy covers. That includes limits, exclusions, and everything in between. We help you make sense of it all so you're never left confused.

Knowing your rights is the first step. Protecting them is what we’re here for. If you’ve been injured in a motorcycle crash and you’re not sure what to do next, or if you're already hearing from insurance adjusters, contact Smith Law Center today online or by calling (757) 244-7000.

What Kind of Compensation Can a Virginia Motorcycle Wreck Lawyer Help Secure?

A Virginia motorcycle wreck lawyer plays a pivotal role in helping accident victims secure various forms of compensation to rebuild their lives in the aftermath of a motorcycle crash.

The compensation sought by a skilled attorney may encompass:

• Medical Expenses: Coverage for current and future medical bills related to the injuries sustained in the accident. This includes hospitalization, surgeries, medications, rehabilitation, and ongoing medical care.
• Lost Wages and Earning Capacity: This covers reimbursement for income lost due to the inability to work during recovery. There is also potential compensation for diminished earning capacity if the injuries result in a long-term impact on the ability to work.
• Property Damage: Compensation for the repair or replacement of the motorcycle and any other personal property damaged in the accident.
• Pain and Suffering: Damages for physical pain, emotional distress, and the overall impact the accident has had on the victim’s quality of life.
• Wrongful Death Damages: In the tragic event of a fatal motorcycle accident, a lawyer can assist surviving family members. We can help you pursue compensation for funeral expenses, loss of financial support, and the emotional toll of losing a loved one.

In cases of extreme negligence or willful misconduct, an attorney from Smith Law Center can also help you seek punitive damages. These fees are meant to punish the responsible party and deter similar behavior in the future.

Punitive damages are potential additional funds that can be awarded to you and your family on top of the compensation listed above.What Types of Injuries Can a Virginia Motorcycle Crash Attorney Handle?

What Types of Injuries Can a Virginia Motorcycle Crash Attorney Handle?

A Virginia motorcycle crash attorney is equipped to handle a wide range of injuries resulting from motorcycle accidents. Due to the nature of motorcycle collisions, where riders lack the protective barriers of a car, injuries sustained can be severe and life-altering.

The types of injuries a skilled attorney can handle include, but are not limited to:

• Traumatic Brain Injuries (TBIs): Head injuries like concussions and more severe traumatic brain injuries can have long-term cognitive and functional consequences.
• Spinal Cord Injuries: Injuries to the spinal cord that may result in paralysis or varying degrees of loss of sensation and motor function. They require significant compensation for optimal recovery.
• Fractures, Broken Bones, and Amputations: Fractures, breaks, and crush injuries to bones often require extensive medical treatment and rehabilitation. Loss of limbs and extremity amputations due to the impact of the crash can require extensive medical care and adaptive rehabilitation.
• Road Rash, Abrasions, and Disfigurement: Injuries caused by the friction of the body against the road during a crash can lead to painful abrasions, cuts, and skin damage. Disfiguring injuries to the face, such as lacerations or dental damage, can have both physical and psychological impacts.
• Psychological Trauma: Emotional and psychological distress includes conditions like post-traumatic stress disorder (PTSD), anxiety, and depression. These conditions often stem from the traumatic experience of a motorcycle accident, and deserve injury compensation too.

Handling motorcycle accident cases involves a deep understanding of the specific challenges faced by riders and the impact these injuries can have on their lives.

Our dedicated Virginia motorcycle crash attorneys work diligently to advocate for the rights of our clients. We do this to ensure you receive the necessary compensation to cover medical expenses, rehabilitation, and other damages resulting from these often catastrophic injuries.

“Every case is about people first. We never lose sight of that.”

- Emily Strak | Attorney at Smith Law Center

What Does a Virginia Motorcycle Crash Attorney Do For Your Case?

A Virginia motorcycle accident law firm provides comprehensive legal support to individuals who have been involved in motorcycle accidents.

Here are some key services and actions that a reputable Virginia Motorcycle Accident Law Firm can undertake for your case:

• Investigation: We conduct a thorough investigation into the circumstances surrounding the accident. This may involve gathering evidence, interviewing witnesses, and collaborating with accident reconstruction experts when necessary.
• Documentation: Our lawyers compile and document all damages, including medical expenses, lost wages, property damage, pain and suffering, and other relevant losses.
• Communications: We handle all communications with insurance companies on your behalf. This ensures that your rights are protected and that you receive fair compensation for your injuries and damages.
• Negotiations: Your lawyer from Smith Law Center negotiates with insurance companies and opposing parties to reach a fair and just settlement.
• Representation: If a fair settlement cannot be reached through negotiation, we are fully prepared to take your case to trial and represent you in court. This could mean presenting evidence before a judge or jury and making arguments on your behalf.

Throughout this process, we provide ongoing support and regular updates on the progress of your case. Our law firm values transparent communication and client satisfaction.

Engaging the services of a reputable Virginia motorcycle accident law firm is crucial in navigating the legal process of a motorcycle accident lawsuit. Our proven results show that you have a strong advocate fighting for your rights with Smith Law Center.

According to a nationwide study by Martindale-Nolo, people who hired a lawyer for their personal injury case received an average of $77,600 in compensation. Those who went it alone? Just $17,600 on average.

Insurance companies have entire teams dedicated to minimizing payouts. You deserve a legal advocate focused solely on protecting your interests and maximizing your recovery.

Contact Our Experienced Virginia Motorcycle Accident Lawyers

After a motorcycle accident, the road to recovery can be challenging. Recuperation is often marked by physical pain, emotional distress, and the complexities of legal proceedings.

Navigating the intricacies of Virginia’s motorcycle accident laws requires the support of seasoned professionals who understand the unique challenges faced by riders.

A Virginia motorcycle accident lawyer from Smith Law Center can negotiate with insurance companies to maximize your compensation. You deserve the full coverage of the policy you paid for, and we will work to hold your insurance company to its promises. Contact us at (757) 244-7000 for representation.