Motorcycle Accident Lawyer in Portsmouth, VA

Motorcyclists face a kind of bias that drivers of cars and trucks rarely encounter after an accident. Insurance adjusters, and sometimes juries, often assume a motorcyclist was riding recklessly simply because they were on a bike, even when the crash was entirely the other driver’s fault. Levin & Levin, P.C. represents riders injured in motorcycle accidents and motorcycle/auto accidents throughout Portsmouth and the Hampton Roads area, and we know how to counter that bias with facts.

Many motorcycle accidents happen because a driver simply doesn’t see the motorcycle, particularly when changing lanes, turning left across traffic, or pulling out from a side street or driveway. A motorcycle’s smaller profile makes it easy for an inattentive driver to misjudge its speed and distance. Other common causes we see include:

• Left-turning vehicles failing to yield to an oncoming motorcycle
• Lane changes made without checking mirrors or blind spots for a nearby rider
• Following too closely, which leaves little room to react to a motorcycle’s quicker stops
• Road hazards like potholes, gravel, or debris that pose a much greater danger to a motorcycle than a car
• Drivers under the influence of alcohol or drugs
• Speeding, which reduces reaction time for both the rider and surrounding drivers
• Sudden, unexpected braking or swerving by nearby vehicles

Virginia law requires motorcycle operators and passengers to wear a protective helmet, along with a face shield, safety glasses, or goggles unless the motorcycle has a windshield. Under Virginia Code Section 46.2-910, however, failing to wear a helmet does not by itself constitute negligence in a civil case. That protection matters because Virginia follows a strict contributory negligence rule, and without it, a helmet violation could otherwise be used to try to bar an injured rider’s entire claim.

That said, insurance companies still frequently raise the helmet issue, particularly in cases involving head injuries, arguing that a helmet would have reduced the severity of the injury even if it didn’t cause the crash itself. This is a separate legal argument from contributory negligence, and it’s one an experienced attorney can push back against depending on the specific facts of the crash and the injury involved.

Motorcyclists have far less protection than drivers of enclosed vehicles, and even a relatively minor collision can cause serious harm:

• Brain injuries, including traumatic brain injuries even when a helmet was worn
• Spinal injuries and, in the most severe crashes, paralysis
• Road rash and severe soft tissue damage from sliding across pavement
• Broken bones, often multiple fractures from being thrown from the bike
• Catastrophic injuries in the most severe collisions
• Shoulder injuries from impact or from bracing during a fall
• Neck injuries from the sudden forces involved in a crash

The absence of a protective frame around the rider means the forces involved in a crash transfer directly to the body.

Because of the assumptions many people make about motorcyclists, insurance companies often start from the position that the rider must have been speeding, weaving through traffic, or otherwise riding recklessly. Building a strong motorcycle accident case usually means gathering independent evidence, including police reports, witness statements, and sometimes accident reconstruction, to establish clearly what actually happened rather than relying on assumptions.

Motorcycle accident claims remain subject to Virginia’s pure contributory negligence rule, meaning that if you’re found even slightly at fault for the crash, it can bar your right to recover anything. Combined with the bias many riders face, this makes it especially important to have an attorney who will investigate your accident thoroughly and challenge unfair assumptions from the start.

A motorcycle accident claim can pursue compensation for medical treatment, lost wages, the cost of repairing or replacing your motorcycle and gear, and pain and suffering. Because motorcycle accident injuries are often more severe than those from a typical car accident, claims frequently need to account for extended rehabilitation, long-term care, and permanent changes to your ability to work or enjoy activities you valued before the crash.

We work closely with your medical providers to fully document the extent of your injuries and their expected impact on your future, so that any settlement or verdict reflects the true cost of what you’ve been through, not just your bills to date.

Get medical attention immediately, even if you feel capable of walking away from the crash, since some injuries, particularly to the head and spine, aren’t obvious right away. If you’re able, photograph the scene, your bike, your gear, and your injuries before anything is moved or cleaned up. Get the other driver’s information and any available witness contacts, and avoid discussing how the accident happened with an insurance adjuster before you’ve spoken with an attorney.

Preserve your riding gear, including your helmet, jacket, and any protective equipment you were wearing, exactly as it was after the crash. This can serve as important evidence, both to show what protective measures you took and to help establish how the impact occurred.

Our attorneys bring more than 60 years of combined courtroom experience to motorcycle accident cases, and we understand the specific biases riders face from insurance companies and juries alike. We build cases around solid evidence, not assumptions, and we’re prepared to take a case to trial when a fair settlement isn’t offered.

Levin & Levin, P.C. has served riders and families throughout Hampton Roads since 1968. We don’t rely on advertising promises to win your trust; we rely on doing the work necessary to build a case insurance companies take seriously from the start.

Because motorcycle accidents often come down to a dispute over who saw what and when, physical evidence matters enormously. Skid marks, the final resting position of the bike and vehicles involved, damage patterns, and roadway debris can all help an accident reconstruction expert establish speed, point of impact, and sequence of events in a way that’s far more persuasive than competing verbal accounts alone. In contested cases, this kind of independent analysis is often what turns the tide against an insurance company’s assumptions about rider fault.

Levin & Levin, P.C. represents injured riders throughout Portsmouth, Norfolk, Chesapeake, Suffolk, and the wider Hampton Roads region. If you were hurt in a motorcycle accident or motorcycle/auto accident, contact our office today for a free case evaluation.