## Motorcycle accident claims in Virginia Motorcycle crashes produce more severe injuries than car crashes — riders have no surrounding metal to absorb impact and are usually thrown from the bike. Virginia motorcycle-injury cases get a 2 years statute of limitations. ### Virginia motorcycle rules - **Helmet law:** Universal - **Lane-splitting / lane-filtering:** Illegal ## Common causes of motorcycle crashes - **Left-turn accidents** — cars turning across the rider's path; the most common multi-vehicle motorcycle crash type - **Lane changes** — drivers don't see motorcycles in blind spots - **Rear-end collisions** — drivers misjudging stopping distance or following too closely - **Door-opening crashes** — opening a parked car's door into a passing rider - **Road hazards** — gravel, potholes, debris, oil spills (often a government-claim case) - **Drunk / impaired drivers** - **Distracted drivers** — phone use is a leading factor - **Bad weather** — visibility and road conditions matter more for riders - **Single-vehicle crashes** — rider error, mechanical failure ## The bias problem Riders face a documented bias in jury verdicts and insurance settlements. Many people (including jurors) assume a motorcycle rider is reckless or speeding — even when evidence shows otherwise. Defense attorneys lean into this. Effective rider-side cases overcome the bias by presenting: - Forensic accident reconstruction - Black-box / ECM data when available - Detailed witness testimony - Visualizations / animations of the crash - The rider's clean driving record and certifications ## Helmet defenses In states without universal helmet laws (or where the rider was over the helmet-mandated age), defense attorneys often argue that a non-helmeted rider's head injuries should reduce damages. Most states either: - **Bar helmet evidence** entirely (rider's choice not to wear is irrelevant) - **Allow only on damages** — not on liability (used to argue head injuries would have been less severe) - **Allow comparative fault reduction** based on no helmet (minority position) ## Lane-splitting and lane-filtering **Lane-splitting** = riding between lanes of moving traffic. **Lane-filtering** = moving between stopped or slow-moving traffic. States that allow some form: California (lane-splitting), Arizona, Utah, Montana, and Minnesota (lane-filtering, generally at low speeds in stopped traffic). Where it's illegal, lane-splitting can be used against you — sometimes as comparative negligence, sometimes as a complete bar in contributory states (AL, MD, NC, VA, DC). ## Damages Motorcycle injuries skew severe: - **Traumatic brain injury** — even with helmets - **Spinal cord injury** — paralysis is common - **Multiple fractures** — riders are typically thrown - **Road rash** — significant skin injuries needing reconstruction - **Amputations** — leg/foot injuries from bike weight - **Burns** — hot exhaust contact - **Internal injuries** - **Death** Rider damages typically include lifetime medical care, lost income, lost earning capacity, pain and suffering, disfigurement, and (in fatal cases) wrongful-death damages to family. ## Insurance issues - **Stacking** — combining multiple vehicles' coverage to maximize uninsured-motorist (UM) limits - **Underinsured motorist** — kicking in when at-fault driver's coverage is insufficient - **Med-pay** — pays your medical bills regardless of fault, up to limits - **Property damage** — bike is often a total loss - **Custom equipment** — aftermarket parts, custom paint, often need separate coverage Don't accept the at-fault driver's insurance company's first offer. Initial settlement offers usually undervalue motorcycle cases significantly. ## Evidence to preserve - Bike itself (don't repair or scrap until evaluated) - Helmet and gear (even if not worn) - Photos of scene, vehicles, debris pattern, skid marks - Witness names and contacts - Police report - Medical records from ALL providers - Photos of injuries over time (scarring, bruising progression) - Surveillance / dashcam footage - Cell records of involved drivers (subpoena later) ## What you should do If you've been hurt on a motorcycle in Virginia: get medical care immediately, document everything, do NOT post about the crash on social media, and contact a motorcycle-accident attorney before talking to insurance. Most Virginia motorcycle attorneys offer free consultations and work on contingency. Many specialize specifically in rider cases — that experience matters when fighting bias. --- *This guide is general information about Virginia law as of early 2026 and is not legal advice. Motorcycle-injury law has fact-sensitive issues (helmet defenses, lane-splitting, gear). Talk to a licensed Virginia attorney about your specific case.*