Virginia Motorcycle Accidents Attorney

Thousands of Virginians are avid motorcyclists. Bikers love the sense of freedom and adventure that you can only get from riding a motorcycle on the open road. Although it is fun and exhilarating, there is a downside to this activity. Motorcycle riding is inherently more dangerous than driving other types of vehicles.

Motorcyclists have far less protection than those riding in closed vehicles, and because of their smaller profile, they are far more difficult for other motorists to see. Even if a biker follows all the rules of the road – wearing helmets, driving in a safe speed, etc. – they are still largely at the mercy of other drivers who often do not give them the respect they deserve on the road.

If you or someone close to you was injured in a motorcycle accident and it was the fault of another party, you deserve to be compensated for your injuries. At Olmstead & Olmstead, we are committed to helping those injured in motorcycle crashes obtain the full and fair compensation they are entitled to. Our lawyers have extensive experience successfully representing clients in motorcycle accident cases in Virginia. We work closely with our clients, and we fight hard to help ensure that those responsible for their injuries are held fully accountable.

Motorcycle Accidents are on the Rise

Each year, thousands of individuals are killed and tens of thousands are seriously injured in motorcycle crashes. In addition, motorcyclists are 28 times more likely to be killed in these types of crashes than occupants of other vehicles. According to the National Highway Transportation Safety Administration (NHTSA), the number of motorcycle-related deaths has more than doubled since the late 1990s. And in 2017, the Virginia DMV reported the highest number of motorcyclist fatalities in a decade.

There are several reasons motorcycle accidents occur, some of the most common include:

• Distracted driving: One of the leading factors that is driving the increase in motorcycle crashes is distracted driving. Motorists have always had distractions, but the growing use of smartphones while behind the wheel has made this problem far worse. Texting while driving and similar activities take the focus of the driver completely off of the road. Motorcycles are already difficult to see because of their small profiles, and when a driver is not paying proper attention to his or her surroundings, it heightens the chances of a motorcycle accident.
• Blind spot accidents: Another danger that motorcyclists have because of their small profile is the possibility of getting lost in another vehicle’s blind spot. When another motorist fails to notice a motorcycle that is riding in their blind spot, it can cause collisions when they try to change lanes or make a turn. Many newer vehicles today are coming equipped with blind spot monitors, so hopefully, this danger will be reduced in the coming years.
• Speeding/reckless driving: Excessive speeding and other forms of reckless driving such as tailgating, weaving in and out of lanes, and refusing to yield the right of way put everyone on the road in greater danger of an accident.
• Drowsy driving: Motorists who are tired or fatigued often become drowsy and sometimes even fall asleep at the wheel. While driving in this condition, it is very easy not to notice motorcycles or other vehicles that they are sharing the road with. Drowsy driving is most common among those who drive for a living, such as commercial truck drivers who spend long hours and many consecutive days out on the road.
• Driving under the influence: Despite decades of public awareness campaigns geared toward discouraging this practice, many drivers still make the horrible decision to get behind the wheel after consuming alcohol or drugs. Driving while intoxicated slows reaction times, making it more difficult to see motorcycles and to effectively adjust to adverse road conditions.
• Vehicle defects: Motorcycle accidents can happen because of vehicle or vehicle part defects. Examples include tire blowouts, brake line failures, computer system malfunctions, and many others. If a vehicle defect contributes to a motorcycle crash, the designer, manufacturer, supplier, or distributor of the faulty vehicle or vehicle part may be at least partially responsible for the accident.

Pursuing a Motorcycle Accident Claim in Virginia

Motorcycle accidents are often severe, resulting in impact forces that lead to profound and catastrophic injuries. Due to the lack of structural protection inherent to motorcycles, riders are directly exposed to the trauma of collision or road impact. The resulting injuries frequently exceed those seen in typical motor vehicle collisions, including:

• Cuts, bruises, and deep skin abrasions (commonly known as “road rash”);
• Severe fractures and broken bones;
• Head and facial injuries, often requiring extensive reconstructive surgery;
• Traumatic brain injuries (TBI), can cause long-term cognitive and functional impairment;
• Complex neck and back injuries, including herniated discs;
• Chest injuries, such as broken ribs or punctured lungs;
• Spinal cord injuries leading to temporary or permanent paralysis;
• Amputations or traumatic loss of limbs;
• Significant internal injuries affecting vital organs;
• Severe burn injuries due to friction or exposure to heat sources; and
• Wrongful death.

Individuals who sustain these debilitating injuries may be entitled to recover damages. Compensatory damages in Virginia are categorized to cover both direct financial losses and less tangible consequences of the injury.

Economic Damages: These represent actual monetary losses and expenses incurred by the injured party. They are quantifiable losses backed by documentation such as invoices and receipts. Examples include:

• Property damage to the motorcycle and personal gear;
• All medical expenses, encompassing emergency care, hospitalization, surgery, rehabilitation, and future medical needs;
• Lost earnings and wages from missed work;
• Loss of earning capacity, calculated based on the victim’s inability to perform their job or career moving forward; and
• Funeral and burial expenses in wrongful death cases.

Non-Economic Damages: These address intangible losses that significantly diminish the quality of life but are more challenging to assign a precise dollar value. Examples include:

• Pain and suffering—both physical discomfort and emotional anguish;
• Emotional distress, including anxiety, depression, and post-traumatic stress;
• Diminished quality of life and loss of enjoyment of daily activities;
• Disfigurement and scarring; and
• Loss of consortium (damage to the relationship with a spouse or partner)..

The Challenge of Contributory Negligence

Recovering compensation for injuries resulting from a motorcycle accident in Virginia presents a significant legal challenge that sets the state apart from the majority of the nation. Virginia adheres to the strict common-law doctrine of “contributory negligence.”

Under this standard, an injured party is absolutely barred from recovering any compensation if they are found to be at fault for even one percent ($1\%$) of the underlying accident that caused their injury. This is often referred to as an “all-or-nothing” rule. If a jury or judge determines the claimant had any degree of responsibility, however minor, the claim for damages fails completely.

This stringent legal standard establishes a very high burden of proof for the injured claimant. Insurance companies and defense attorneys routinely leverage this rule, often attempting to assign even minimal fault to the motorcycle rider by suggesting alleged speeding, failure to maintain a lane, or failure to properly observe traffic. To successfully navigate this high bar and preserve the legal right to compensation, it is imperative to secure legal representation committed to rigorous factual investigation and application of relevant case law as early as possible after the accident.

The Role of Legal Representation

In a contributory negligence jurisdiction, the law firm’s function is focused on comprehensive case preparation aimed at unequivocally demonstrating the defendant’s liability. Attorneys understand that every case must be prepared as if it will go to trial, due to the aggressive defense strategies employed by insurance carriers seeking a contributory negligence finding.

1. Immediate Investigation and Evidence Preservation:

Upon retention, a legal team will immediately launch an investigation. This goes beyond reviewing the initial police report, which may be incomplete or biased. Crucial evidence gathering includes:

• Accident Reconstruction: Engaging third-party specialists to analyze physical evidence, traffic data, and collision dynamics to provide clear evidence of fault.
• Witness Procurement: Locating and interviewing all potential witnesses, including those not identified in the police report, to secure favorable testimony.
• Data Acquisition: Obtaining and preserving evidence such as dashcam footage, surveillance video from nearby businesses, and vehicle event data recorder (EDR) data, if available.
• Site Inspection: Documenting the accident scene, including road conditions, signage, and environmental factors, before conditions change.

This meticulous, prompt collection of facts is essential to counter any defense allegation that the motorcycle operator was partially at fault, thereby satisfying the necessary standard of proof under Virginia law.

2. Managing Insurance Communications:

The period immediately following an accident is highly vulnerable for a claimant. Any statement made to an insurance adjuster—even an off-hand comment—can be misinterpreted or used later in court to establish the requisite one percent fault necessary to defeat the claim.

Legal counsel provides a necessary shield, handling all communications with the at-fault party’s insurance company. Attorneys ensure that the client’s version of events is consistently and formally presented, and they prevent the client from inadvertently undermining their own legal position by limiting direct contact with adverse parties. Furthermore, a firm will gather and present all medical documentation and financial data to the insurance carrier in a structured, comprehensive demand package that complies with procedural requirements.

3. Navigating the Litigation Process:

If a fair settlement cannot be negotiated, a suit must be filed within the statutory deadline. Virginia imposes a strict Statute of Limitations for personal injury claims, generally requiring a lawsuit to be filed within two years from the date of the accident. Missing this deadline, with few exceptions, permanently forfeits the right to recover compensation.

During the litigation phase, a legal team directs the discovery process, which includes:

• Interrogatories: Written questions exchanged between the parties.
• Requests for Production of Documents: Obtaining evidence held by the opposing side.
• Depositions: Out-of-court, sworn testimony used to lock in witness and party accounts.

Throughout this procedural work, the attorneys’ primary function is to construct a clear narrative of the defendant’s total negligence, backed by admissible evidence, ensuring the client’s case is prepared for presentation to a jury or judge. This level of thorough preparation is key to challenging the contributory negligence defense and advocating for full and fair compensation for all economic and non-economic losses sustained. 

Speak with a Seasoned Virginia Motorcycle Accident Lawyer

Being injured in a motorcycle crash can turn your whole world upside down. Mounting medical bills and time missed from work can cause serious financial hardship, and if the injury is severe and debilitating, you may not be able to return to work at all.

At Olmstead & Olmstead, P.C., we understand the untold physical, emotional, and financial stress motorcycle accident victims and their families go through, and our goal is to make the legal process as smooth and seamless as possible. We handle all the complicated legal tasks, so you can focus on your recovery.

To schedule a initial consultation with one of our experienced attorneys, call our office today at 703-361-1555 or send us a message through our web contact form. You may also stop by our Manassas, VA office at your convenience.

We accept all personal injury cases on a contingency fee basis, so you never have to pay upfront attorney fees to receive the strong personalized representation you need and deserve