What You Need to Know About Motorcycle Wrecks in Virginia

Key Highlights:

• Riders struggle with incorrect assumptions and prejudices that affect the way responsibility is assigned in motorcycle accidents in Virginia. 
• The statement, “I didn’t see the motorcycle” is a common excuse but never a helpful argument.
• Virginia’s one percent rule states that even a small allocation of liability can mean losing on a claim completely.
• The best defense for riders is strong and prompt documentation.

A motorcycle accident is different from a vehicle accident that happened on four wheels. Motorcyclists suffer worse injuries and get assigned fault sooner than the other participants in a traffic accident and experience bias. 

Motorcycle wrecks in Virginia where even one percent of fault can prevent a biker from claiming compensation due to harsh law regarding contributory negligence, these facts are important.

This is where the experienced Virginia motorcycle accident lawyer at Tatum & Atkinson Law Firm will help you protect your interests and obtain compensation you need.

Were you hurt in an accident? Reach Tatum & Atkinson Law Firm to get a free consultation at (800) 529-0804.

Why a Motorcycle Wrecks in Virginia Is Different

There are two aspects that distinguish motorcycle claims from others. First, there is virtually no protection to the rider in case of an accident. 

Second, riders often start their claims at a disadvantage that does not stem from the facts of the case at hand: when it is time to settle disputes, jury members and insurance companies may already have an image of motorcyclists as people who ride recklessly and this image may influence the judgement in the case.

How These Wrecks Happen, and the Visibility Problem

Behind many of these is the same phrase: “I never saw the motorcycle.” Nevertheless, failing to see a motorcyclist is not an excuse for the accident. All motorists must watch for and yield to motorcycles, so failing to see one that is clearly there is simply another form of negligence. 

The majority of motorcycle accidents are not the fault of the motorcycle rider. The familiar pattern emerges wherethe other drivers fail to see the bike. Examples include: 

• The other vehicle makes a left turn in front of an oncoming motorcycle. 
• The other vehicle changes lanes or merges without checking for the motorcycle rider.  
• The other vehicle is following too closely and rear ends the motorcycle. 
• The other vehicle opens a door into the motorcycle’s path, or the other vehicle enters from a side road. 

The same expression is found in most of these cases: “I did not see the motorcycle.” However, not being able to see the motorcycle does not allow anyone to evade responsibility for the motorcycle wrecks in Virginia.

Fault, the 1 Percent Rule, and the Bias Against Riders

In a Virginia motorcycle accident case, liability is based on evidence including vehicle position, damages, testimony, and objective information about the road. 

This is very important because Virginia uses strict contributory negligence rules, meaning that if an injured motorcycle rider is found to be even 1 percent responsible for the accident, the insurance claim could be thrown out entirely. And the deadline for filing the claim is two years from the date of the accident. 

Insurance, Evidence, and Documenting Your Injuries

The job of an adjuster is to settle the motorcycle accident claim for the lowest payout. The first thing that complicates this job is evidence of the actual claim such as photos of the vehicles and the accident site, the position of debris, information received from witnesses, and the information about damages of the car or motorcycle. 

The second item is comprehensive medical documentation proving treatment and effects of rider injuries on the quality of life. If the insurance coverage of the responsible party is inadequate, check your own insurance policy for possible uninsured /underinsured motorist coverage. 

What You Can Recover, and Mistakes to Avoid

A claimant in Virginia may be able to recover for their medical costs and all future medical treatment related to their motorcycle accident as well as damages to the motorcycle, lost wages, and pain and suffering without any limit according to Virginia laws on injury compensation.  Unfortunately, certain mistakes are often committed that can limit compensations:

• Giving a recorded statement to the other insurer before fully understanding the injuries.
• Using social media to share information about the accident or riding.
• Taking too long to seek medical treatment after the accident.
• Agreeing to settle too soon before all facts have come to light.

Injured in a Virginia Motorcycle Wreck? Talk With Tatum & Atkinson

When it comes to motorcycle wrecks in Virginia claims, we think they should be based on facts and not prejudices. If you are looking for help, contact a trusted attorney right away.  

One of the best motorcycle injury attorneys is Jon Ward and our team at Tatum & Atkinson. We are located in Cedar Bluff and help people all over Southwest Virginia. Our personal injury lawyers understand the challenges motorcycle riders face when it comes to liability claims, whether it’s assumptions, faults, or low offers.

Call (800) 529-0804 for a free consultation. There are no fees unless we win your case.

FAQs: What You Need to Know About Motorcycle Wrecks in Virginia?

The driver said they never saw me. Does that hurt my claim?

It makes your case stronger if it is claimed that “I did not notice the motorcycle.” This is commonly thought of as an excuse; however, it is considered in the law to be the failure of a driver to pay attention. Ultimately, it matters if the individual was in the right place and acted normally and sensibly. 

Will the insurance company assume the wreck was my fault because I ride?

The insurance adjusters and lawyers working for the opponent might use the notion of riskiness of the motorcycle drivers as a means of putting a portion of the blame on you.

What if the driver who hit me does not have enough insurance?

In such case, you can still recover money from your own insurance. If the other party was uninsured or under insured, your uninsured or under insured motorist (UM/UIM) protection may help in covering the losses incurred. Make sure to review all relevant policies since there could be other ways to benefit from the insurance you have. 

How soon should I document my injuries after a motorcycle wreck?

The sooner, the better. Timely medical assistance ensures you avoid health complications, as well as allows for appropriate recording of all your injuries. It is also good to have an ongoing or consistent treatment to avoid future accusations from the insurance company regarding the absence of serious injuries.

What does it cost to hire a Virginia motorcycle accident lawyer?

No upfront payments as our fees are contingent on the outcome of your case. You pay only if we win and your initial consultation is free. The law firm does all the necessary work in bringing evidence and rebutting false claims, negotiating with the insurance company, and preparing to go to court if necessary without charging you.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.