Virginia Motorcycle Accident Lawyers

As a motorcyclist, you love the freedom of getting on your bike and heading out on the roadways. Unfortunately, you are not the only one on the road, and even if you practice ideal motorcycle safety, other motorists can make dangerous decisions. Bikers are overrepresented in fatal crashes and serious injuries, but often, they are not at fault for the crash.

Montagna Law Stands as Hampton Roads Trusted Legal Representation For Victims of Motorcycle Accidents

Montagna Law is a client-focused law firm. We are well-known in the Hampton Roads area and have a good reputation in our communities. People know they can count on our Virginia motorcycle accident lawyers to provide them with a free case evaluation and trusted legal advice. The Virginians who chose us to represent them can attest to our track record of successful cases where they received fair compensation.

We care about our clients’ well-being and will work hard to get them the compensation they need to recover and secure their financial future. Should you select our firm, you will work with your attorney throughout the entire process and be treated with care.

Montagna Law’s Experience With Motorcycle Accident Settlements

Montagna Law is proud of its success in helping Virginians fight for their rightful compensation. To date, we have won more than $30 million for our clients. With more than 50 years of experience, you can trust us to fight on your behalf. We know the law and how to make it work for you.

Why Clients Trust The Motorcycle Accident Lawyers at Montagna Law

• $30 Million recovered in personal injury compensation
• 85+ 5-star reviews from satisfied clients
• A+ BBB rating
• 50+ years of experience fighting for Virginians’ right to compensation.
• 3 Virginia offices located in Norfolk, Newport News, and Virginia Beach.

What Our Clients Say About Us

“My experience with Mr Montagna Law firm was one of my best experiences! From the receptionist Mrs. Sherry to the paralegal Mrs. Grace! So grateful for the patience they had with and for me getting to different levels in the process. Explaining and breaking things down so I could understand! I would recommend the Montagna Law firm to any and everyone that seek for an attorney. Thank you Mr Montagna, Mr Jackson for all that you done! Bernetha &Michael Robinson” — Bernetha H.

“These attorneys take the stress out of a situation when you hire them. I’m very pleased so far. Thank you!!” — Angela C.

Examples of Montagna Law’s Motor Vehicle Accident and Personal Injury Settlement Victories

• $750,000 in a car accident case
• $995,000 in a truck accident case
• $500,000 in a car accident case
• $600,000 in a premises liability case
• $1,000,000 in a slip-and-fall case
• $1,900,000 in an industrial accident case
• $1,060,000 for a leg injury case
• $995,000 recovered in a rear-end car accident case
• $900,000 recovered for a back injury in a truck accident case

Our Virginia Motorcycle Accident Lawyers Fight Relentlessly for Your Compensation

The experienced Virginia motorcycle accident lawyers at Montagna Law are equipped to assist motorcycle accident victims. Our lawyers are committed to providing personalized legal representation with transparency and strong communication.

As we investigate the cause of the accident, our lawyers will identify the at-fault party and handle negotiations with insurance companies. Our law firm will strive to secure you and your family fair compensation to pay for medical expenses and pain and suffering.

Montagna Law provides free consultations to clients and works on a contingency fee basis. This way, our clients can access a lawyer and do not pay any fees unless they win their case.

Areas Our Virginia Motorcycle Accident Lawyers Serve

Montagna Law has proudly served the Hampton Roads area for decades, assisting motorcycle accident victims across the Commonwealth of Virginia for over 50 years. Our law firm serves all of Hampton Roads, including Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach.

Why You Should Hire a Virginia Motorcycle Accident Lawyer

Motorcycle accident victims benefit from hiring an experienced personal injury attorney who has worked on motorcycle collision cases. An attorney can recover compensation to help pay for injuries, lost wages, pain and suffering, and numerous other accident-related costs.

When you hire a motorcycle accident lawyer, you can expect them to:

• Investigate the cause of the crash
• Identify any at-fault, negligent parties
• Compile evidence
• Build a strong case
• Negotiate with insurance companies
• Take the case to trial if a fair settlement cannot be reached

What to Do After a Motorcycle Accident in Virginia?

After a motorcycle accident, the first thing to do is to verify that everyone is safe and get medical attention. Get everyone who isn’t hurt out of danger and take cars off the road if you can. Call first responders immediately so you can be sure everyone gets medical attention, and you can file a police report.

Even if you don’t feel any pain, seeking medical attention from professionals is crucial, as it demonstrates to insurance companies your seriousness about the accident. Some motorcycle accident injuries can take weeks or even months to show symptoms. A police report will serve as an important point of reference for you as your case proceeds.

Next, exchange information with the other driver and any witnesses. Keep calm, and do not ever accuse, blame, or apologize for anything at the scene. Take photos of the location and make notes about what happened. Draw diagrams. Gather as much evidence as you can to strengthen your case.

As soon as you get home, notify your insurance company. Again, stick to the facts. Do not try to tell your side of the story. There will be time for that during your personal injury claim process.

Finally, make the most important call you can: Contact the law offices of Montagna Law. Our phone number is 757-622-8100, or you can use our online contact form. We can negotiate with insurance companies that will try to shortchange you on your compensation and fight for your right to collect damages for the injuries you have suffered in your motorcycle accident case.

What Are Some Common Causes of Motorcycle Accidents in Virginia?

Many situations and circumstances can result in accidents between motor vehicles. Many of the same causes of car accidents also affect other passenger vehicles, including motorcyclists on their bikes. Common causes of motorcycle accidents include lane changes, distracted or reckless drivers, poor road conditions, bad weather, and rear-end crashes.

Lane Changing

Motorcycle riders are difficult to see, and when motorcycles are on the road, drivers should pay extra attention. After an accident involving a motorcycle lane change, many drivers claim they never saw the bike. You have the right to be on the road, and if a driver causes an accident, you deserve compensation.

Distracted Driving

Distracted driving usually brings cell phone use to mind, and while this is the most common form of distraction, plenty of other activities can also distract a driver. Distracted driving can occur when a driver is reading, checking their reflection in a mirror, fiddling with the infotainment system, or even eating or drinking. Anyone who takes their attention off the road is a danger to others.

Reckless Driving

Reckless driving involves any irresponsible activity by a negligent driver. Reckless driving includes speeding, ignoring road signs, not giving other drivers enough space, road rage incidents, weaving through traffic, tailgating, and any other unsafe driving behavior.

Poor Road Conditions

Poor road conditions range from loose gravel and sand to oil spills to deep potholes that can cause the rider to blow a tire or lose control of their vehicle. Drivers are expected to pay attention to road conditions and adapt their driving accordingly. If they don’t and you get hurt, you can hold them liable.

Weather

Weather conditions create some of the most dangerous and common hazards, resulting in accidents all across the nation. Even light rain can cause roadways to become slippery and difficult to navigate. Snow, ice, and even excess heat can all create road hazards. Just as with road conditions, drivers are expected to adapt their driving accordingly. Virginia law allows an injured driver to file a personal injury claim against a negligent driver who causes an accident by failing to drive safely.

Rear-End Collisions

Rear-end collisions are far more catastrophic than other types of motor vehicle accidents when the vehicle struck is a motorcycle. Motorcycles lack doors and roofs, so the driver is less protected from impact. In rear-end collisions, the driver in the rear is usually found to be at fault, though there are exceptions.

Frequent Injuries Related to Motorcycle Crashes

A motorcycle crash can result in catastrophic injuries, disfigurement, amputation, and even fatalities because of the small size of the motorcycle and the lack of protection it affords motorcycle riders. The severe injury rate for motorcyclists was far higher than for cars and trucks combined in 2020.

Some of the most common injuries suffered by motorcycle accident victims include road rash, burns, broken bones, brain and head injuries, and injuries to the back and spine.

Road Rash

Road rash is a type of skin abrasion or friction burn that occurs when skin scrapes against a rough surface. It often happens when a motorcycle rider is thrown from their vehicle and skids along the pavement, resulting in varying degrees of road rash.

Burns

Burns are common in motorcycle accidents, either because you impact the hot engine area of the bike or because the bike catches fire when struck. These burns can be debilitating in their severity, resulting in deformities and even functional disabilities.

Broken Bones

When another vehicle strikes a motorcyclist, the impact often results in broken bones. Some bones heal completely, while others can result in lifelong disability, depending on the location and severity of the fracture. Occasionally, a severe break can require months or years of therapy to regain full function in an injured limb.

Traumatic Brain Injury

Traumatic brain injury, or TBI, results from head injuries and is invisible. The symptoms of these types of injuries do not manifest in bruises, cuts, or disfigurement but in PTSD, emotional trauma, cognitive problems, mental health disabilities, and difficulty maintaining relationships. A traumatic brain injury can create a lifelong disability requiring special care for many years and expensive medical bills.

Spinal Cord Injuries

Spinal cord injuries, or damage to your back, can result in the loss of function in your limbs or even full paralysis. Occasionally, the loss of function is temporary; often, it is lifelong and can result in persistent, chronic physical pain and permanent suffering.

What Are the Motorcycle Laws in Virginia?

Motorcycle riders operating their bikes in Virginia are expected to obey all traffic laws, along with specific rules the Commonwealth stipulates. These regulations include:

• Motorcycles must be registered with the Virginia DMV
• Only two motorcycles are allowed to share a lane side by side
• Riders must maintain a safe distance so they remain visible to other motorists
• Speed limits must be adhered to at all times
• Riders are required to wear a DOT-certified helmet, as well as a face shield, safety glasses, or goggles
• Unsafe driving practices, such as performing wheelies, are prohibited
• Motorcyclists must carry minimum liability coverage of at least $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 for property damage

By not following Virginia laws, motorcyclists can damage their ability to pursue compensation. It is important to avoid assumptions and consult an experienced motorcycle accident lawyer about the details of your case, as there may be circumstances involving the other driver(s) or other factors that could affect your case.

Key Evidence in Virginia Motorcycle Accident Cases

Collecting and assembling evidence is a vital factor in being awarded compensation for a motorcycle accident case in Virginia. Key evidence includes:

• Medical treatment records
• Medical bill receipts
• Records of lost wages
• Photos and/or video from the accident scene
• Accident reports
• Text messages
• Witness statements
• Notation of road and weather conditions
• Any other proof of damage

A personal injury attorney is well-versed in how to gather evidence and build a strong accident claim.

How Contributory Negligence in Virginia Might Affect You

Virginia is one of the very few states that still use pure contributory negligence. If you bear any responsibility for the accident, you may not receive any compensation. This emphasizes the importance of having a personal injury lawyer who is knowledgeable in motorcycle accident claims by your side.

What Types of Damages Are Recoverable After a Motorcycle Accident in Virginia?

In a motor vehicle accident, the two categories of damages are special or economic damages and general or non-economic damages. Economic damages are easy to quantify and cover things like medical expenses and lost wages. Pain and suffering are examples of non-economic damages that are more difficult to quantify and compensate for.

Pain and Suffering

Pain and suffering refer to both the physical pain and suffering you face and all of the invisible, non-economic injuries you have sustained from your accident. It tries to put a value on your emotional trauma, PTSD, mood changes, difficulty in maintaining relationships, loss of comfort and consortium, loss of ability to enjoy life, and all the other ways that your injuries have harmed your ability to live your life that are not tied directly to your expenses.

Medical Expenses

Medical care expenses cover everything from your doctor’s office visits to medical procedures like physical therapy and surgery. It covers medication, diagnostics, transportation to and from medical appointments, and the cost of necessary in-home care services, if any. Often, your attorney may wish to wait until you get to a place of maximum medical improvement, or MMI, before finalizing compensation. This process allows us to know for certain what your future medical expenses will be.

Lost Wages

Lost wages refer to everything you have lost financially from not being able to work. The term includes the wages you have lost due to being unable to work since your accident. It also includes the wages you would have earned but can’t now that you’re unable to work.

Wrongful Death

Wrongful death occurs when you lose a loved one due to the negligent actions of another person. In Virginia, only the designated personal representative of the decedent’s estate may file a wrongful death claim. If the decedent is a fetus, the mother may file the claim. You can be eligible to collect damages for burial and funeral expenses, loss of comfort and support, and a range of other economic and non-economic damages under a wrongful death claim, in addition to medical costs up to the point of death.

How Do Insurance Companies Handle Motorcycle Accident Claims?

Insurance companies do not aim to get what you need to recover. Their objective is to deny claims or minimize payouts.

When it comes to motorcycle riders, they will try to minimize the extent of injuries, try to get victims to say something they can use against them, use stereotypes to blame the motorcyclist, delay claims in hopes the victim will give up, and offer undervalued settlements.

Insurance adjusters work hard to prevent crash victims from getting the compensation they need. Accident victims need someone on their side to advocate for them and fight back.

Should I Talk With the Insurance Adjuster Alone?

Insurance companies are not your friends. The adjuster they send to review your case will often seem caring at first, but their goal is to get you to sign off on as low an offer as possible or even find a way to get out of paying you entirely. You are not required to speak to them at all. It is often advisable to refer them to your attorney. Contact Montagna Law at 757-622-8100 or through our online contact form, and let us fight with them so you can focus on getting well again.

Virginia Motorcycle Accident Statistics

According to the Virginia Department of Motor Vehicles, the city of Virginia Beach in 2023 alone saw 5,194 crashes, with 36 fatalities and 2,578 injuries. Knowing what steps to take after a crash is vital to covering your medical expenses and lost wages and providing for your loved ones when you suffer debilitating and severe injuries. The motorcycle accident attorneys at the law firm of Montagna Law are here to guide you and fight for the financial compensation you deserve.

Can Family Members File a Claim if a Loved One Dies in a Motorcycle Accident?

Virginia law does allow for surviving family members to file a wrongful death claim on behalf of a loved one. Damages that eligible family members can pursue include:

• Medical expenses
• Pain and suffering
• Lost earnings that would support the family
• Funeral and burial expenses
• Loss of consortium/companionship
• Other potential damages

What is the Statute of Limitations for Filing a Motorcycle Accident Claim in Virginia?

The Commonwealth of Virginia imposes a two-year statute of limitations from the date of the accident for personal injury victims, including motorcycle accident victims, to file a claim against the responsible party. This period sounds like a lot, but it truly is not. It takes time to build a solid case. The longer victims wait to file, the greater the possibility that crucial evidence erodes or disappears completely. Accident victims should act quickly to protect their right to compensation.

What to Look for When Choosing a Motorcycle Attorney?

When choosing a Virginia motorcycle accident attorney, look for someone who has experience dealing with all the unexpected issues that can come up during these cases. Every motorcycle accident case is unique, and a good attorney can think on their feet to adapt to unforeseen situations while at the same time building a strong enough case to avoid surprises.

The right attorney will also have a proven track record and trial experience. They know how to avoid critical mistakes like missing the statute of limitations, which in Virginia is two years from the date of the accident or two years from the date of death in wrongful death cases.

Finally, you want an attorney with a strong legal team and a wealth of resources and knowledge to back it all up. At Montagna Law, we have won millions for our clients over the years, including motorcycle accident cases.

Did a Motorcycle Accident Leave You With Devastating Injuries? Contact Us Now.

Montagna Law has represented motorcycle riders who have been the victims of careless, reckless, and negligent drivers for years. We have seen customers from all over our great state, in such diverse locales as Virginia Beach, Norfolk, Chesapeake, Portsmouth, and beyond. Our customer testimonials and track record speak for themselves.

Our legal team prioritizes our client relationship and will stand by your side throughout the entire process. If you need a Virginia motorcycle accident lawyer who is ready to work hard to defend your rights and get you fair compensation for your motorcycle wreck, do not go it alone, and do not let the insurance companies bully you. Contact the law firm of Montagna Law by using our online contact form or calling us at 757-622-8100 for a free consultation and legal advice today.