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Motorcycle Accidents
Our team has decades of experience helping clients in the Hampton Roads region.
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Portsmouth Motorcycle Accident Lawyer

Motorcycle crashes are likely to happen anywhere. Portsmouth, Virginia was the site of 32 motorcycle crashes in 2021 alone. The majority of these crashes occurred on local roads. Nobody wants to be in an accident, and motorcycle accident victims in particular can suffer devastating serious injuries.

When you are involved in a crash, the first priority should always be to take care of yourself. It gets difficult, however, when the insurance company fights against the fair compensation you deserve. At Montagna Law, we know and understand the severity of injuries that motorcyclists can sustain from accidents. Our personal injury lawyers will move swiftly to make sure that the at-fault parties are held financially accountable.

Let us work on recovering compensation while you work on recovering from your injuries.

Call (877) 622-8100 or complete the online contact form to request a free consultation.

Let us work on recovering compensation while you work on recovering from your injuries.

Call (877) 622-8100 or complete the online contact form to request a free consultation.

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      I Have Been in a Motorcycle Accident in Portsmouth, Virginia. What Should I Do?

      Motorcycle accident on the freeway

      After a motorcycle accident, your first priority should be attending to your own health and safety. If the scene of the accident is unsafe, find a safe location immediately, then follow these steps:

      1. Check for injuries and seek medical care.
      2. Collect the other parties’ personal and insurance information.
      3. Contact the police to assess the scene.
      4. Take notes and pictures of your location, your surroundings, and the time.
      5. Call the motorcycle accident attorneys at Montagna Law.
      6. Notify your insurance carrier.

      One of the most important calls you can make following a motorcycle accident is to one of our experienced motorcycle accident attorneys. This is a crucial step in helping you receive reimbursement for out-of-pocket expenses and compensation for damages that are harder to quantify, such as pain and suffering.

      Our motorcycle accident attorneys will conduct a thorough investigation of the accident and gather relevant evidence to pursue legal action. We are your strongest asset in filing a strong claim against the negligent party.

      Where Do Most Motorcycle Accidents Happen in Portsmouth, Virginia?

      According to the National Highway Traffic Safety Administration (NHTSA), 60% of motorcycle accidents occur in urban areas, on city streets, and at intersections, as opposed to on highways. This may seem surprising but is likely due to the higher levels of traffic and congestion in cities as opposed to back roads and highways where motorists may have more space to react to unforeseen situations and unexpected motor vehicle obstacles.

      What Are the Most Common Types of Motorcycle Wrecks in Portsmouth, Virginia?

      Just as with car accidents and truck accidents, many different situations can cause motorcycle accidents. The vast majority of these have reckless driving at their heart, where a driver does something irresponsible and it leads to the other motorists suffering life-altering and even fatal injuries.

      Lane Changing

      Motorcyclists are not as visible as other kinds of vehicles because they are smaller. Drivers who fail to pay proper attention when making a lane change can strike the motorcyclist.

      Distracted Driving

      Distracted driving refers not only to cell phone use, but to eating, drinking, fiddling with your car’s infotainment system, checking makeup in a vanity mirror, and even reading. Anything that takes a driver’s attention from the roads for a second can result in disastrous consequences.

      Poor Road Conditions

      Poor road conditions such as oil spills, gravel, loose pavement, and potholes can present major hazards. Drivers have a responsibility to adjust the way they drive to keep themselves and others safe on rough roads.


      Weather conditions from ice and snow to rain and even high heat can create dangerous driving conditions. Motorists need to slow down and drive with care so they do not lose control of their vehicles and possibly hurt another driver or even end a life.

      Rear-End Collisions

      Drivers are expected to leave plenty of room between their vehicles and others to react to unforeseen and sudden actions. If a driver rear-ends another vehicle, they are often (though not always) responsible for the accident.

      If you have suffered an accident due to a reckless driver when you were simply trying to head to work or attend a concert at Town Point Park, a personal injury attorney at Montagna Law can help you with your personal injury claim. Contact our law office at 757-622-8100 or through our online form for a free consultation, legal advice, and legal help with your case today.

      Understanding Motorcycle Crash Injuries in Portsmouth, Virginia

      Nestled along the picturesque Elizabeth River, Portsmouth, Virginia is a city that combines historic charm with modern vibrancy. We have been practicing law in Portsmouth for decades, and the reality is that amidst all of its beauty, motorcycle riders face risks on Virginia’s windy roads. These risks can lead to serious injuries that change lives in an instant.

      • Brain Injuries and Concussions: Even with a helmet, riders can suffer significant head trauma in a crash, leading to concussions or more severe brain injuries. These can have long-term effects on cognitive function, memory, and emotional well-being.
      • Spinal Injuries and Herniated Disks: The impact of a motorcycle accident can cause serious damage to the spine. Herniated disks and spinal injuries can result in chronic pain, reduced mobility, and, in severe cases, paralysis.
      • Broken Bones: Motorcyclists are exposed to the elements and lack the protective shell of a car. In an accident, this often leads to broken bones, which can range from simple fractures to complex breaks that require surgery and extensive rehabilitation.
      • Disfigurement: Road rash, burns, or lacerations can result in significant disfigurement, necessitating surgeries and long-term treatment. The emotional and psychological impact of these injuries is profound and often overlooked.
      • Internal Injuries: The force exerted in a motorcycle crash can cause internal injuries, which may not be immediately apparent. These injuries can be life-threatening and require immediate medical attention.

      If you or a loved one has been involved in a motorcycle accident in Portsmouth, our compassionate team is here to offer the legal guidance and support you need. We understand the complexities of these injuries and are committed to helping you navigate the path to recovery and justice.

      What Compensation May I Receive for My Injuries in Portsmouth, Virginia?

      Two types of damages that accident victims may sue to recover in a motorcycle accident include economic damages and non-economic damages. Economic damages are easy to value conclusively, whereas noneconomic damages tend to be more subjective and are often generally referred to as “pain and suffering.”

      Pain and Suffering

      Pain and suffering is where injury cases get tricky. It involves:

      • Emotional trauma
      • PTSD
      • Loss of consortium and comfort
      • Loss of support
      • Loss of your ability to enjoy life

      Your Portsmouth injury attorney will help you to put a value on this and fight when the insurance company tries to undervalue it.

      Medical Expenses

      Medical expenses refer to all of your medical bills. This includes:

      • Doctor’s visits
      • Transportation to and from appointments
      • Medication
      • Procedures
      • Cost of in-home care

      Lost Wages

      Lost wages cover all the compensation you have lost from being unable to work. It covers past, present, and future wages from the date of the accident and also includes the potential loss of retirement benefits.

      Wrongful Death

      Wrongful death occurs when you lose a loved one due to the reckless actions of another. In these cases, you may receive the above types of damages, plus funeral and burial expenses.

      Identifying Fault in Virginia Motorcycle Accidents: 6 Key Evidence Types

      Motorcycle accident in a residential area

      With its rich naval history and scenic waterfront, Portsmouth, Virginia is a city where the past and present merge. Yet, on its roads, motorcycle accidents can occur, often bringing complex questions of fault and responsibility. In Virginia, determining fault in a motorcycle wreck is crucial, as it can significantly impact the outcome of a traffic court case.

      Here are six types of evidence that are pivotal in these situations:

      1. Distracted Driving: Evidence such as eyewitness accounts or camera footage showing a driver engaged in activities that divert their attention from the road can establish fault. In Virginia, distracted driving, especially involving electronic devices, is not tolerated in court.
      2. Texting While Driving: This is a specific form of distracted driving, and it is illegal in Virginia. Records from cell phone providers can be used as a testimony to negligence.
      3. Driving Under the Influence: If the driver involved in your motorcycle accident was under the influence of alcohol or drugs, they will most likely be at fault in the courtroom. Virginia law is stringent on DUIs, and such evidence is no joke in traffic court.
      4. Disobeying Traffic Laws: Whether it’s running a red light, illegal turns, or other traffic violations, evidence of such actions will indicate fault. In Portsmouth, where traffic can be bustling, adherence to traffic laws is essential for safety.
      5. Driving a Poorly Maintained Vehicle: If an accident was caused due to a vehicle malfunction that should have been addressed, this could point to an at-fault verdict. In Virginia, vehicle owners are expected to maintain their vehicles.
      6. Speeding in VA: Speeding is a common cause of accidents and is rigorously enforced in Virginia. In fact, it could even land you with a class 1 misdemeanor charge or jail time.

      Collecting and presenting these types of evidence is key to determining fault in a motorcycle wreck case in Virginia. Our legal team in Portsmouth is experienced in navigating these complexities and is committed to supporting justice in our historic city.

      How Will Virginia’s Contributory Negligence Laws Affect My Personal Injury Case?

      Virginia has exceptionally strict contributory negligence laws. They say that if a motor vehicle accident victim is even 1% responsible for an accident, they may not collect any compensation for the accident at all.

      This applies only to motor vehicle crashes and not to other forms of injury like medical malpractice. This is also why it is important to have a qualified motorcycle crash lawyer in your corner to build a rock-solid case and remind everyone that you are the victim and deserve compensation.

      How Do I Choose a Portsmouth Motorcycle Accident Attorney?

      When you have been hurt in an accident, you need someone in your corner who will protect your interests first and foremost. You want a personal injury lawyer who has proven success and who cares deeply for their clients. Further, you want a lawyer with practice areas in the specific type of accident you have suffered.

      At Montagna Law, we have represented motorcycle accident victims all over Virginia’s Hampton Roads region, including Suffolk, Virginia Beach, Norfolk, Newport News, Hampton, Chesapeake, and, of course, Portsmouth. We have a track record of success in our practice areas and are experienced trial lawyers who always put our client relationship first.

      At Montagna Law, You Only Pay if We Win

      Montagna Law is a leading motorcycle accident law firm in Portsmouth, Virginia. We have a long history of protecting our clients against insurance companies that will do everything within their power to prove they are not liable by recovering maximum compensation for their motorcycle accident claims. We have won big for our clients, and we can do the same for you.

      Let Montagna Law handle the complexities of your motorcycle accident claim and get you the compensation you deserve while you focus on recovering from the traumatic experience. Our motorcycle accident lawyers will move swiftly and aggressively to hold the at-fault parties financially accountable for your lost quality of life, pain and suffering, lost work time and wages, and medical expenses.

      Why Choose Montagna Law?

      • Get the maximum compensation
      • Dedicated, determined & caring attorneys
      • One-on-one personal attention
      • Diligent motorcycle accident lawyers in Portsmouth for over 50 years
      • Highly rated by our clients
      • Free consultation & no fee for PI, workers’ comp, and SSDI cases unless we win


      Our experience in the Portsmouth, Virginia, area goes beyond motorcycle accidents. We connect deeply with our clients as they go through this trying time and use everything in our power to get you the best possible outcome. Here is what one of our clients has to say.

      “I have been a client of Montagna Law since 2014. Because the customer service is exceptional, I have established a rapport with everyone in the office. As a customer for eight years, it is noted that this firm goes above and beyond for the clients.” – Eric E.

      How To Choose A Motorcycle Accident Attorney

      Choosing the right lawyer after a motorcycle accident is a crucial step that can have a significant impact on the outcome of your case. Here are a few tips when choosing a motorcycle accident attorney:

      Look For An Attorney With Experience

      When it comes to partnering with a lawyer to pursue legal action, experience truly does matter. In the event of a motorcycle accident, it is in your best interest to hire an attorney with extensive experience handling motorcycle accident claims and the nuances that come with them.

      Look For An Attorney With A Proven Track Record And Trial Experience

      Seeking compensation for losses following a motorcycle accident is not simple. It is best to seek a motorcycle accident attorney who has a wealth of knowledge and years of experience navigating the legal complexities that may arise in your case.

      Select An Attorney That Has Resources

      An attorney with a wealth of knowledge and the resources to back it up is a great sign that they will be prepared to deal with all the twists and turns that come from a motorcycle accident case. Well-connected attorneys have the means to consult with the right people to build a strong case on your behalf.

      Let Montagna Law Focus on Your Legal Battle While You Focus on Recovery

      If you’ve been involved in a motorcycle accident in Portsmouth, Virginia, don’t navigate the aftermath alone. Our Lawyers have a deep understanding of local accident statistics and legal complexities, and we stand ready to support you. Whether you’re facing serious injuries, dealing with insurance hurdles, or seeking rightful compensation, our experienced attorneys are equipped to guide you through every step. Remember, post-accident actions like medical care and documentation are crucial. Contact us today for a free consultation, and let our dedicated team focus on your legal battle while you focus on recovery.

      Frequent Answered Questions

      Can a Portsmouth Lawyer Help with a Wrongful Death Case After a Motorcycle Wreck?

      Yes, a Portsmouth lawyer can help with a wrongful death case. The lawyer assists the personal representative or executor of the deceased’s estate in filing a claim against the responsible parties.

      Who Can Bring a Wrongful Death Case to Court in Virginia?

      The wrongful death case can be brought to court by the personal representative or executor of the deceased’s estate. This individual is responsible for pursuing the claim against potentially liable parties.

      How Does the Portsmouth Court Determine Liability in Motorcycle Accidents?

      Liability in motorcycle accidents is determined based on negligence. Under Virginia’s contributory negligence rule, if the victim is found even 1% at fault, they cannot recover damages.

      How Long Does a Motorcycle Accident Lawsuit Take in Virginia?

      The duration of a motorcycle accident lawsuit in Virginia can vary widely. Factors influencing the timeline include the case’s complexity, insurance negotiations, and court procedures. The process can take anywhere from six months to over a year.