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Virginia Motorcycle Accident Lawyer

Motorcyclists share the road with other drivers who often do not see them or take proper precautions, resulting in crashes with injuries and fatalities. If you’ve been in an accident due to another driver’s negligence, a Cooper Hurley Injury Lawyers Virginia motorcycle accident lawyer will fight to prove that the other driver was at fault and that you deserve maximum compensation for your economic and non-economic damages. 

People on motorcycles do not have the same protections as those in enclosed vehicles, putting them at greater risk of injury or death following accidents. Virginia motorcycle accidents in 2022 led to almost 1,600 injuries and 113 fatalities.  

People often do not account for motorcycles in blind spots. Over 40 percent of fatal motorcycle crashes happen when drivers turn left in front of a motorcycle that is going straight, passing, or overtaking them. 

Personal injury law governing motorcycle accidents in Virginia is complex, and plaintiffs must show that they did not contribute to their accidents to recover compensation. An experienced Virginia motorcycle accident lawyer from Cooper Hurley Injury Lawyers will use their in-depth knowledge of the law to fight on your behalf in settlement negotiations with insurance companies or in court. 

Why Should I Hire a Motorcycle Accident Lawyer from Cooper Hurley Injury Lawyers?

Our attorneys at Cooper Hurley Injury Lawyers have over 120 years of combined experience. We are always ready to stand up for our clients in court and have significant experience dealing with insurance companies and getting fair settlements for our clients. We understand the tactics used by insurance companies and have the legal knowledge and resources to stand up to them. 

Other reasons to choose Cooper Hurley Injury Lawyers include: 

  • Founding Partner John M. Cooper is a native Virginian with 30 years of experience.  
  • Conveniently located offices throughout Hampton Roads, VA. 
  • Award-winning legal services with recognition from Super Lawyers, Top 100 Trial Lawyers, Lawyers of Distinction, and Top Lawyers of Coastal Virginia. 
  • We have recovered millions of dollars for our clients, including a $7 million motorcycle settlement for a client who had the right of way when someone making a left-hand turn across an intersection crashed into their vehicle. 
  • Resources are available free of charge to our clients, including a podcast, book, collision cards, videos, newsletters, and downloadable reports. 

When you’ve been involved in a motorcycle accident, partner with Cooper Hurley Injury Lawyers—The Car Crash Experts—to fight for maximum compensation. 

Steps To Take After a Motorcycle Accident in Virginia

There are some steps you should take after a motorcycle accident to protect your well-being and right to compensation. These include: 

  • Seek medical attention – Even if you do not think your injuries are serious, you should seek medical attention. Keep all medical records related to your accident. 
  • Report the accident – Call the police so they can provide emergency assistance and prepare an accident report.  
  • Document the scene – Take pictures and videos of the accident scene. Document damage to your motorcycle and other vehicles, as well as skid marks, roadway obstructions, or other things that could shed light on your accident  
  • Exchange information – Exchange contact and insurance information with the other driver, but do not talk to their insurers about the cause of the accident itself. They may try to use your words against you later. Also, collect contact information from witnesses. 
  • Beware of insurers – Never talk to the at-fault party’s insurance company without your attorney present. They will do everything they can to save money by denying or diminishing the value of your claim. 
  • Consult with an attorney – Hire an attorney experienced in Virginia motorcycle accidents and dealing with insurance companies. 

Motorcycle accident lawsuits are complex, and you often must deal with insurance companies who may use trickery or intimidation to avoid paying compensation. When you choose Cooper Hurley Injury Lawyers, you can count on us to stand by you every step of the way.  

Bill OMara

Ask The Car Crash Experts - How Do I Prove Liability in a Motorcycle Accident?

Bill O'Mara, Personal Injury Lawyer

“To establish liability in such cases, you’ll want to preserve all evidence and conduct a thorough investigation. After ensuring your safety following an accident, the first step is to call the police. If physically able, take photographs and make note of any physical evidence at the scene. If there are any eyewitnesses present, in the spot you want to be sure to get their contact information because they could be an important witness that proving your case down the road.”

Common Causes of Motorcycle Accidents in Virginia

All sorts of things can come together to cause auto accidents. Common causes of motorcycle accidents we handle include:  

  • Distracted driving 
  • Following motorcycles too closely 
  • Failing to adjust to the weather 
  • Speeding 
  • Failing to notice blind spots 
  • Driving while impaired 

If your motorcycle accident in Virginia was due to another driver’s negligence, contact Cooper Hurley Injury Lawyers so we can start building your case for damages.  

Injuries Caused by Motorcycle Accidents

Motorcycles do not offer the same level of protection as other motor vehicles, making crashes particularly dangerous for motorcyclists and passengers. A review of the risk factors and patterns of motorcycle injuries shows that people often sustain more than one injury in accidents, and most injuries are to the lower extremities. Some common injuries following crashes include: 

If you or a loved one were injured in a motorcycle accident in Virginia and someone else was at fault, partner with Cooper Hurley Injury Lawyers to fight for fair compensation. We are dedicated personal injury lawyers and never represent insurance companies. 

Bill O'Mara at conference table

Can You Sue for Wrongful Death After a Motorcycle Accident?

You can seek financial relief through a lawsuit if your loved one dies in a motorcycle accident due to someone else’s negligence. In addition to compensation for medical bills, loss of expected income, and funeral expenses, Virginia’s law governing wrongful death damages allows you to sue for mental anguish, sorrow, companionship, and loss of services, protection, care, and assistance. 

Spouses and children, and in some cases, parents, are eligible to file a Virginia wrongful death claim. If a fatal motorcycle accident victim’s child predeceases them, grandchildren through that child can file suit or share in damages. Other relatives can sue if they show the court that they depended financially on the deceased. 

If your loved one died in a motorcycle accident, the wrongful death attorneys at Cooper Hurley Injury Lawyers can help you fight for compensation from those responsible. 

Damages Available in Virginia Motorcycle Accident Cases

Motorcycle accidents can result in severe injuries that affect your ability to work and carry out the daily activities of life. They can also result in significant financial burdens. If another driver was negligent in your motorcycle accident in Virginia, you may collect substantial economic and non-economic damages compensating for things like: 

  • Past and future medical bills 
  • Rehabilitation costs 
  • Lost wages and future earnings 
  • Pain and suffering 
  • Inconvenience 

In some cases, you may also be eligible to recover punitive damages in your motorcycle accident lawsuit. Virginia reserves these damages for instances where the other party acted with malice or conscious disregard for others. They are meant to punish the driver and deter others from engaging in similar behavior. The cap on punitive damages in Virginia is $350,000. 

Motorcycle Accident Statistics

The Department of Motor Vehicles Traffic Crash Facts reports 2,053 motorcycle crashes in Virginia in 2022, with 1,573 resulting in injuries and 113 fatalities. While motorcycle crashes comprised only 1.7 percent of all traffic crashes and 2.8 percent of traffic injuries, they accounted for 11 percent of all traffic fatalities.  

Almost 65 percent of fatal motorcycle accidents involved at least one other vehicle, and in nearly 40 percent, there was no improper action on the part of the motorcycle driver. While there were motorcycle traffic fatalities across the state, the highest numbers were in Northern Virginia, Norfolk/Virginia Beach, and Richmond. 

A Federal Highway Administration motorcycle crash causation study revealed that motorcyclist crash-related fatalities have nearly doubled in the last two decades. This contrasts with other crash-related fatalities, which dropped 34 percent in the same period.  

Proving Fault in a Virginia Motorcycle Wreck

Most personal injury cases are based on the legal concept of negligence. This means plaintiffs must prove four legal elements. They are as follows: 

  1. The defendant had a duty to take reasonable care to avoid harming others. 
  2. The defendant breached their duty of care. 
  3. The plaintiff suffered an injury or loss. 
  4. The plaintiff’s injuries and losses were caused by the defendant’s breach of duty. 

Unfortunately, in Virginia, people who file personal injury lawsuits face an uphill battle. This is because Virginia is one of only a few states that follows the doctrine of contributory negligence. This means you cannot collect damages from the other party if you are minimally responsible for your accident. Therefore, you need a skilled motorcycle accident attorney to argue your case and prove that you did not contribute to the cause of your accident.  

At Cooper Hurley Injury Lawyers, we have over 100 years of combined experience handling personal injury claims and pushing back against insurers when they try to pin the blame on innocent injury victims. We will investigate your accident, file reports, collect evidence, hire experts, and leave no stone unturned on the road toward justice and fair compensation.  

Virginia Motorcycle Laws

Understanding Virginia motorcycle laws and thoroughly reading the Virginia Motorcycle Operator Manual can help keep you safe. Following these laws also helps your case if you were involved in an accident and the other party attempts to blame you. 

In Virginia, you must have a motorcycle license and properly register your motorcycle with the Department of Motor Vehicles. Helmets and face shields, goggles, or safety glasses are required. You do not need eye protection if your motorcycle has a windshield. You do not have to wear protective clothing, but the Department of Motor Vehicles recommends you consider it for safety. 

You must follow all speed limits and other traffic laws, including parking regulations. Some motorcyclists drive between cars moving in the same direction. This is known as lane-splitting, and it is illegal in Virginia. You also may not filter through lanes of vehicles that are stopped or moving slowly. 

Bill OMara

ASK THE CAR CRASH EXPERTS

Bill O'Mara, Personal Injury Lawyer

“When driving in Virginia, motorcycles have all the same rights, duties, and obligations as someone riding in a car on Virginia highways. So, you have to obey all the same rules of the road that a car would have to obey if you’re driving down the street.”

What Is the Statute of Limitations for Motorcycle Accident Claims in Virginia?

You normally have two years to file a personal injury lawsuit after a Virginia motorcycle accident. You must file before this deadline, or the judge will most likely dismiss your case. Though there are some exceptions to this rule, it is best to consult with an attorney before relying on them. Remember, if your case is dismissed, the at-fault party will have little incentive to negotiate a settlement with you fairly.  

An experienced Virginia motorcycle accident lawyer from Cooper Hurley Injury Lawyers can examine the details of your case and file your paperwork within the prescribed limits so you don’t miss your chance to secure compensation. 

Let Cooper Hurley Injury Lawyers Fight for You

At Cooper Hurley Injury Lawyers, our attorneys have the experience, legal knowledge, and negotiating skills needed to handle complex personal injury cases and successfully deal with insurance companies. We have collected millions of dollars in settlements and verdicts on behalf of our clients.   

If you were hurt in a motorcycle accident in Virginia, do not wait to have your case reviewed by one of our skilled motorcycle accident attorneys. Contact us today to schedule your free consultation. We have conveniently located offices in:  

We handle our motorcycle accident cases on a contingency basis, so there is no upfront cost to you. You pay nothing unless we win your case.  

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