What If I Was Hit By A Drunk Driver When I Was On A Motorcycle In Virginia?
Key Highlights
What If I Was Hit By A Drunk Driver When I Was On A Motorcycle In Virginia?
- Motorcyclists who are hit by intoxicated drivers in Virginia have suffered catastrophic motorcycle injury, traumatic brain injury, spinal cord injury, and limb loss, which represent the most extreme injuries that have been documented for this type of accident.
- Under Virginia Code Ann. § 8.01-44.5, whether or not there is a payment for damages in court will depend on whether the proper party was proven to be at fault and whether or not the BAC level of the at-fault driver was 0.15% or above.
- If the driver who caused the accident does not have insurance, you may still be able to recover through Virginia’s Uninsured Motorist (UM) coverage.
- Virginia’s statute of limitations is two years from the date of the accident (“Accident”), pursuant to Virginia Code Ann. § 8.01-243.
- At Tatum & Atkinson, we are a contingency fee-based practice; you will not owe anything until your case produces monetary proceeds.
Experiencing a crash while riding your motorcycle caused by a drunk driver in Virginia can change your life instantaneously. Although it is quite a traumatic experience, it can also be very violent in nature. A motorcyclist does not have a protective frame around them; therefore, the force of the impact will be transmitted to the body at the time of the collision.
Traumatic brain injuries (TBI), damage to the spinal cord, multiple fractures, and amputation of limbs are common in drunk driver motorcycle accident cases and handled well by a drunk driver motorcycle accident lawyer in Virginia. If you do not know your legal rights immediately after your crash, then you will not be able to recover all of the compensation that you deserve, now, or in the future.
I am Robert Tatum, a lawyer at Tatum & Atkinson Law Firm. Our veteran-owned law firm has been supporting motorcycle accident victims who have suffered serious injuries since 2005, including those who were injured by a drunk driver or an impaired driver on the roads and highways in Virginia. With over 65 years of combined legal experience, my firm understands the cost of being injured by someone who has been drinking and how that affects your life in one instant. My law firm will fight for you.
How Serious Is a Drunk Driving Motorcycle Crash Virginia?
Virginia’s 2022 Highway Safety Annual Report, published by the Virginia DMV, states that there were approximately 6,498 motor vehicles involved in a DUI crash in 2022. An analysis of NHTSA data shows that 28 percent of motorcyclists who died as a result of a crash had a blood alcohol concentration (BAC) above the legal limit.
When a drunk driver is involved in a motorcycle crash in Virginia, the combination of delayed reactions, impaired judgment, and decreased ability to maintain lane control makes the motorcycle crash settlement in Virginia significantly more violent than if it were caused by a sober driver.
What Legal Steps Should You Take After a DUI Motorcycle Accident in Virginia?
Immediately after a collision, your actions will determine how strong your Virginia DUI accident lawsuit case will be.Â
Call 911
First, you’ll want to call 911 to ensure that law enforcement arrives at the accident scene. Either Virginia State police or local police officers will do field sobriety exams, take the drunk driver’s blood alcohol concentration (BAC), and create an accident report.Â
Avoid Recorded Statement
Do not give a recorded statement to any insurance adjuster without first consulting with a motorcycle accident lawyer in Virginia. The results of toxicology tests, along with dash cam video and witness statements, can vanish quickly and are all time-sensitive evidence.
Collect Evidence Wisely
The priority of preserving evidence is critical to your case. A motorcycle accident lawyer in Virginia will send a spoliation notice to force third parties to keep all dash cam recordings, dispatch records, and any video from surveillance cameras in the intersection until they can no longer be destroyed or erased.
Document EverythingÂ
Documenting the accident and your injuries is very important. As long as you can, you need to take pictures at the accident scene, visible injuries on you, and the at-fault vehicle. You also need to seek medical attention right away and not miss any follow-up appointments; insurance companies will try to reduce the amount of your claim if there is a break in your medical treatment. You also need to request copies of the completed police reports so you can have a copy of the BAC documentation and a record of any DUI charges against the at-fault driver under Va. Code Ann. § 18.2-266.
What If I Was Hit By A Drunk Driver When I Was On A Motorcycle In Virginia: Filing Your Insurance Claim
After a motorcycle accident caused by a DUI, you can file a claim against the drunk driver’s insurance policy and, if needed, pursue other options like uninsured/underinsured motorist (UIM) coverage for compensation. House Bill 107 (effective July 2026) will make it easier and more efficient for crash victims to access UIM claims, giving them more options available to recover financially. A knowledgeable Virginia motorcycle injury lawyer will determine, identify, and pursue all insurance coverages available under the law.
Can You Recover Punitive Damages in a Virginia DUI Motorcycle Accident Case?
Yes. When a person is DUI (driving under the influence) and has a blood alcohol content (BAC) of 15% or higher, Virginia laws allow a court to award punitive damages in a DUI accident in Virginia on top of compensatory damages (which are what you would normally receive). The purpose of awards for punitive damages is to punish for grossly negligent actions; it’s not meant to replace your losses, but give another legal remedy.Â
In catastrophic injury claims (usually resulting from a higher BAC), punitive damages have added hundreds of thousands of dollars to jury awards throughout VA, reflecting how seriously the at-fault driver acted.
What If the Drunk Driver Who Hit Me Does Not Have Insurance in Virginia?
In Virginia, the law does not require every driver to have some sort of liability insurance, although there are many drivers who will pay an uninsured motor vehicle fee and will not provide any sort of coverage for a person injured due to their actions. If you’re involved in an accident with an uninsured drunk driver, then the only place that you can recover financially for your injuries is from your own uninsured motorist coverage.Â
If you decline to purchase uninsured motorist coverage before an accident, then your motorcycle accident attorney Virginia will explore other options for recovery, such as pursuing dram shop liability claims against any establishment that illegally served the intoxicated driver before the accident.
Specialized Medical Facilities for Severe Motorcycle Injuries in Virginia
Virginia is home to multiple level-one trauma centers that are available to provide specialized treatment for the severe injuries that result from DUI-related motorcycle accidents. The level-one trauma centers at the VCU Medical Center in Richmond, Inova Fairfax Hospital in Northern Virginia, and the UVA Health System in Charlottesville provide access to acute surgical stabilization, care for traumatic brain injuries, treatment of spinal cord injuries, and structured rehabilitation programs.Â
For clients of a Virginia motorcycle accident lawyer who have sustained a traumatic brain injury, the Brain Injury Services Program (which is administered by DARS in Virginia) will assist with the long-term reintegration into the community as well.
Documented Virginia Case: DUI Motorcycle Accident and Legal Outcome
The circuit courts of Virginia also have shown consistency of results for DUI motorcycle accident cases filed under § 8.01-44.5. The Virginia State Police Crash Statistics Report and the Circuit Court records from Fairfax County, Henrico County, and Chesterfield County show multiple instances of drunk drivers with BACs greater than 0.15% causing serious motorcycle injuries. Virginia juries awarded a total of both compensatory and punitive awards for these documented cases that accounted for medical expenses for the lifetime of the injured party, loss of ability to earn income, and the punitive award available under Virginia law.
The outcomes documented above demonstrate that the statutory structure of Virginia allows for significant accountability above and beyond just basic compensation, relief that Tatum & Atkinson will pursue for all motorcycle accident clients in Virginia who will face a lifetime of injuries as a result of the choices made by other individuals who were drunk drivers.
What If I Was Hit By A Drunk Driver When I Was On A Motorcycle In Virginia: Your Compensation Rights
Virginia law allows a motorcyclist involved in an accident with a drunk driver to recover complete motorcycle accident compensation Virginia for all previous and future medical expenses, lost wages, diminished earning capacity, pain and suffering, loss of enjoyment of life, and, if the BAC of the drunk driver is above the statutory limit, compensation for punitive damages.
Virginia also has a very strict contributory negligence law, which means that if you are found to have any fault in causing the accident, you will not be able to recover anything. As soon as you can get early representation by an attorney representing you for being hit by drunk driver on motorcycle in Virginia, you should do so, as this will lay the foundation for your entire case.
In cases of fatal motorcycle accidents, the surviving family members of the deceased may file a wrongful death motorcycle accident claim under Virginia law. Code Ann. § 8.01-50 and seek compensation for loss of companionship, financial support, and funeral expenses. Wrongful death motorcycle accident Virginia claims are subject to the two-year statute of limitations just like any other type of motorcycle accident claim.Â
How Tatum & Atkinson Law Firm Fights for Virginia DUI Motorcycle Accident Victims
Tatum & Atkinson, Virginia’s Heavy Hitters, was founded in 2005 by military veterans and has successfully recovered over $100 million for clients who are seriously injured. The motorcycle accident attorneys at Tatum & Atkinson Law Firm, Virginia, are able to file DUI motorcycle accident claims against at-fault drivers using all available legal remedies for their clients, including full under-insured motorist (UIM) coverage and maximum punitive damages. We understand how insurance companies approach these claims, and we know how to win.
We represent all of our clients on a contingency fee basis; therefore, there is no cost to you unless we win your case. Call us now at (800) 529-0804 for a free consultation.
“When a drunk driver has caused a Virginia motorcyclist to lose the ability to ride or has caused the death of his or her loved one, we seek to provide our clients with not only financial compensation but also to hold the drunk driver accountable.” – Robert Tatum, Lead Attorney, Tatum & Atkinson.
FAQs: What If I Was Hit By A Drunk Driver When I Was On A Motorcycle In Virginia
Below are the top questions our motorcycle accident injury clients in Virginia have regarding financial recovery as a result of a drunk driver accident.
Can I sue a drunk driver after a motorcycle accident in Virginia?
You can pursue a civil personal injury lawsuit against the drunk driver, who will notice the blood alcohol level and may pursue damages both punitive and compensatory.
Can punitive damages be awarded in a Virginia drunk driving motorcycle accident case?
If the blood alcohol content of the driver was over 0.15% when the accident occurred. Virginia provides for punitive damages under Va. Code Ann. § 8.01-44.5.
How much compensation can motorcycle accident victims receive in Virginia?
Many variables affect the compensation you will receive: the amount/seriousness of the injury, the medical costs associated with the injury, and the income that you have or will lose due to the injury. However, there have been jury verdicts and settlements for over one million dollars for catastrophic injury cases in Virginia. Â
What happens if the drunk driver who hit me does not have insurance in Virginia?
Uninsured motorist coverage would apply through your own insurance policy; an attorney could also evaluate possible dram shop liability against any places that served alcohol to the intoxicated driver.
Who is liable in a Virginia motorcycle accident caused by a drunk driver?
The intoxicated party is the main party liable for damages. Depending on the circumstances of your case, other individuals may also be liable, such as the vehicle’s owner, the employer of the intoxicated party, or other entities that sold or provided alcohol to the intoxicated driver.
