Virginia Motorcycle Accident FAQs

The weather is beautiful, and it’s the perfect time of year to enjoy the wind at your back as you cruise on your motorcycle in Roanoke and throughout Virginia, especially on scenic routes such as the Blue Ridge Parkway. Unfortunately, motorcycle riding comes with risks. In one recent year, more than 2,000 motorcycle wrecks occurred in Virginia, including 1,825 resulting in injury or death.

If you or a loved one were recently hurt in a motorcycle accident in Virginia, you likely have many questions about what to do next.

With over 100 years of combined legal experience, the motorcycle accident attorneys from Lichtenstein Law Group are here to provide you with answers to some of the most frequently asked questions (FAQs) that we receive from victims and their families.

To discuss the specific facts of your case and learn more about your legal rights and options, please contact us today and schedule a free consultation. 

Why Are Motorcycle Accidents So Dangerous in Virginia?

Motorcycle accidents come with a higher risk of severe or fatal injuries than other accidents. Riders lack the airbags, seatbelts, or steel frame that passenger vehicles provide, and they absorb the full force of a collision. So, even low-speed crashes could cause life-altering harm.

What Injuries Are Common in Virginia Motorcycle Accidents?

Some of the most common motorcycle accident injuries in Virginia include the following:

• Broken bones and complex fractures
• Road rash and severe skin damage
• Internal bleeding and organ damage
• Spinal cord injuries and paralysis
• Traumatic brain injuries

These injuries often require extensive medical care, surgeries, and lengthy recovery times. Many victims face permanent injuries that require lifelong care.

Do I Have to Wear a Helmet in Virginia?

Under Virginia law, every motorcycle rider and passenger must wear a helmet that meets federal safety standards. A proper helmet reduces the risk of severe head injuries. Often, insurance companies will argue that a motorcycle accident victim’s failure to wear a helmet worsened their injuries, so they shouldn’t have to pay for harm that could have been avoided.

Regardless of what the insurance company argues, your failure to wear a motorcycle helmet doesn’t necessarily absolve the at-fault party from facing liability. If an insurance company tries to shift blame to you for your motorcycle accident injuries, your attorney should be ready to counter their position with solid, evidence-backed arguments.

Am I Required to Wear Eye Protection?

Under Virginia law, every motorcycle rider and passenger must use eye protection unless the motorcycle has a windshield. Clear vision plays a critical role in safe riding. Wearing required eye protection will also protect your motorcycle accident claim. Eye protection includes goggles, a face shield, or safety glasses.

What Are the Minimum Insurance Requirements in Virginia?

Virginia requires all drivers, including motorcyclists, to carry minimum liability insurance coverage. As of January 1, 2025, minimum liability insurance limits in our state include the following:

• $50,000 for bodily injury per person
• $100,000 for bodily injury per accident
• $25,000 for property damage

Unfortunately, these minimums often fail to cover the full cost of a serious motorcycle accident. Sometimes, the value of a claim can exceed the at-fault driver’s insurance policy limits. When that happens, it is even more important to turn to our motorcycle accident attorneys, so they can investigate and seek out additional sources of compensation if they are available.

Is Lane Splitting Legal in Virginia?

Virginia law prohibits lane splitting, or riding a motorcycle between lanes of slow-moving or stopped traffic. If you attempt to split lanes and get in an accident, insurance companies may argue that your actions contributed to the accident, even if the other driver was otherwise at fault.

How Long Do I Have to File a Motorcycle Accident Lawsuit in Virginia?

Virginia law limits the time you have to file a motorcycle accident lawsuit. In most cases, you have two years from the date of the crash to file. If you miss this deadline, courts will likely dismiss your case, and you may permanently lose your right to recover compensation.

The legal process takes time. Evidence can disappear quickly, witness memories can fade, and insurance companies may use stalling tactics to push you past the filing deadline. Early legal action can help you maintain your legal options and allow your attorney to build the strongest case possible.

Do I Need a Lawyer for a Virginia Motorcycle Accident Case?

Most often, yes. It’s true that you can file a motorcycle accident claim on your own. However, riders typically benefit immensely from working with an experienced attorney. Your attorney at Lichtenstein Law Group can help by taking steps such as: 

• Reviewing your case for free
• Investigating the accident and identifying all liable parties
• Preserving and obtaining critical evidence
• Calculating the full value of your claim
• Negotiating aggressively for a fair settlement
• Representing you in court, if necessary

Insurance companies often attempt to minimize payouts. Our attorneys will be ready to push back against their tactics and protect your rights by handling all communications with them.

What Compensation Can I Recover After a Motorcycle Accident in Virginia?

A successful motorcycle accident claim can provide compensation for the physical, emotional, and financial harm the at-fault party caused. Virginia motorcycle accident compensation can include:

• Current and future medical expenses
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Property damage, such as vehicle repair/replacement

Our team will carefully assess the impact of the accident on your daily life and finances when calculating compensation, considering not only your current expenses but also your future needs.

Can I Still Recover Damages If I Was Partially at Fault?

Under Virginia’s contributory negligence law, motorcycle accident victims cannot recover compensation at trial if they bear even 1 percent of the blame for the collision. This strict rule underscores the importance of working with a skilled attorney.

You can count on our motorcycle accident lawyers to work diligently to gather the evidence necessary to prove the other person’s fault. We can also take advantage of exceptions to the contributory negligence rule. One of them is the last clear chance doctrine. This legal theory holds that a partially at-fault motorcyclist can still recover compensation if they can show that the person who hit them was the only one who could have taken action to prevent the crash but failed to do so.

What Happens If the Driver Who Caused the Motorcycle Accident Has No Insurance?

If the at-fault driver lacks insurance, you still have options. You can file a claim through your uninsured motorist (UM) coverage. This coverage protects the policyholder when another driver can’t pay for the damage they caused.

UM cover can help you cover damages such as:

• Medical bills
• Lost income
• Pain and suffering

Virginia law requires all auto insurance policies to provide UM coverage unless policyholders waive the coverage in writing. So, if you have auto insurance and you have not waived it, you should have protection from uninsured drivers. Our team can analyze your policy to determine what coverage it provides.

Contact a Virginia Motorcycle Accident Lawyer

Since 1992, our team at Lichtenstein Law Group has focused on catastrophic injury cases and worked tirelessly to pursue the compensation our clients deserve. If you suffered serious injuries or lost a loved one in a motorcycle accident caused by someone else’s careless actions, we want to help you seek full and fair compensation and reclaim your life. To learn more, contact us today and receive a confidential and free consultation.