Virginia Beach Motorcycle Accident Lawyer

Trusted Motorcycle Accident Attorney in Virginia Beach, VA

Being involved in a traffic accident while riding a motorcycle can cause severe injuries, leave you unable to work for an extended period, and create large repair or replacement costs if your bike is damaged or totaled. Motorcyclists unfairly face the stigma of being unsafe drivers, which makes motorcycle accident claims more difficult. A Virginia Beach motorcycle accident lawyer can work toward the compensation you deserve after an accident.

Hire a Motorcycle Accident Lawyer

After a motorcycle accident, you want to go with a law team that understands how stressful this situation can be. When you hire a motorcycle accident lawyer from Brooks & Baez, you gain strong advocates for your rights. We provide our Virginia Beach clients with compassionate, results-driven service, and we work tirelessly to seek full compensation for their claims. We offer services in English and Spanish to more effectively meet our clients’ needs.

Motorcyclists are often viewed as inherently risky drivers by other motorists and the insurance industry. We understand that many motorcycle accidents are caused by other drivers being careless. Our firm can pursue a settlement that reflects the real damages you have suffered.

Motorcycle Accidents in Virginia

Compared with traditional passenger vehicle collisions, motorcycle accidents are more likely to cause severe or even life-altering injuries. Motorcyclists, even when wearing state-recommended safety gear, have fewer protections against serious injuries. According to the Virginia Department of Motor Vehicles, there were 2,006 motorcycle crashes in 2025, a 10.7% decrease from the previous year. These crashes resulted in 101 fatalities, a 13.7% decrease from 2024.

Motorcycle crashes in 2025 accounted for 1.7% of all traffic crashes but 12.2% of all traffic fatalities. Of the recorded motorcycle crashes:

• 104 resulted in at least one fatality.
• 1,687 resulted in injuries.
• 215 resulted in only property damage.

Motorcyclists face many dangers on the road; high speeds, heavy congestion, and complex multi-lane changes can all contribute to crashes. Motorcyclists are also more likely to be impacted by adverse weather conditions, sudden weather changes, and poorly maintained roadways. Some of the most dangerous areas in Virginia Beach for motorcyclists include:

• Interstate 264 near Witchduck Road and Lynnhaven Parkway
• Virginia Beach Boulevard
• Independence Boulevard
• First Colonial Road
• Laskin Road
• Pacific Avenue

When you are involved in a motorcycle accident in Virginia Beach, your first course of action should be to contact your insurance agent and report the accident. The liable party is responsible for covering damages related to the accident. If you cannot obtain appropriate compensation through an insurance claim, you may have to file a claim in civil court to recover your losses.

In Virginia Beach, your personal injury claim can be filed at the Virginia Beach Judicial Center, located at 2425 Nimmo Parkway. Depending on the value of your claim, your case may be heard by the General District Court, which hears smaller claims, or the Circuit Court, which hears major claims.

Virginia Motorcycle Laws

There are several motorcycle laws in Virginia designed to keep motorcyclists safe while sharing the road. Following them is essential when seeking a favorable outcome from a motorcycle accident claim. Some of these important laws include:

• Licensing. You must hold a valid driver’s license with a Class M designation. Your designation could be Class M, M2, or M3. To receive a Class M designation, you must pass the required vision screening. Then, you need to either pass a Virginia Rider Training Program course or complete a motorcycle knowledge exam and road skills test.
• Riding gear. You are required to wear appropriate riding gear every time you operate a motorcycle. Required gear includes a helmet and either a face shield, safety glasses, or goggles. Having a windshield on the motorcycle is also wise. Furthermore, it is recommended to wear protective jackets, trousers, gloves, and footwear.
• Passengers. If riding with a passenger, they are also required to wear a helmet and eye protection. Passengers should use footrests or pegs and occupy their own seat.
• Required equipment. Every motorcycle is required to be equipped with headlights, horns, and rearview mirrors, except in limited circumstances. All bikes must also have both front and rear wheel brakes. An annual safety inspection is required.
• Traffic lights. When waiting at a red light, there may be instances when the bike fails to trigger the appropriate sensor. When this happens, motorcyclists are permitted to proceed through the red light after waiting through two light cycles or a full two minutes, whichever comes first.
• Lane sharing. Motorcyclists are allowed to share the lane with other motorcyclists. However, it is illegal for motorcyclists to engage in lane splitting in Virginia.

After a motorcycle accident, you are likely feeling overwhelmed and unsure of what your next move should be. A Virginia Beach motorcycle accident attorney can guide you through the claim filing process and the motorcycle accident laws surrounding your case. They can also advocate for your rights and interests at every step.

How to Build Your Motorcycle Accident Claim

In the aftermath of a motorcycle accident, it is normal to feel stressed and panicked. If you are able, there are some steps you can take immediately after the accident occurs and in the first few days afterward. Following them can be critical for building a solid strategy and seeking fair compensation. These steps include:

• Duty to stop. Every driver involved in an accident that causes injuries, death, or property damage is required to stop, per Code of Virginia Section 46.2-894. This also means that, if you are hit by a vehicle that does not stop, you should try to record a full or partial license plate number so you can report the hit-and-run to the police.
• Report the accident. When you report the accident to the police, you are creating an official third-party record of what happened. You can use the police report later when filing your claim.
• Seek medical attention. If an ambulance responds to the scene, follow the paramedic’s instructions and do not leave until you have been cleared to do so. For motorcyclists, it is important not to take off your protective gear until a medical professional gives the okay to do so. Some injuries may seem less serious until you remove your protective gear.
• Collect evidence. While at the scene, take photos of the damage to every vehicle involved in the crash, along with any evidence that may be on the road, such as skid marks. Take note of any adverse weather or road conditions that may have contributed to the accident.
• Witnesses. If there are witnesses at the scene, collect brief statements and contact information from each one. This allows you to contact them again if you need more information or your case goes to trial.
• Exchange information. You should exchange contact information, driver’s license and insurance information, and license plate numbers with the other driver or drivers involved in the accident.
• See your regular physician. After the incident, see your regular physician as soon as possible. If a treatment plan is created, be sure to follow that plan. Take photos of any injuries you sustained.
• Preserve physical evidence. Keep your motorcycle and safety gear in the same condition they were in after the accident. These items can be used as physical evidence during negotiations and if your case goes to trial. Collect several estimates for your damaged property.
• Contact a motorcycle accident lawyer. It can be difficult to carry out all these steps while also needing time to recover from your injuries. A seasoned Virginia Beach motorcycle accident attorney can collect evidence and build your claim.

Before accepting a settlement offer from the at-fault party’s insurance company, you need to gather evidence of your damages so you can recognize if their offer is genuine. If it is insufficient, you will then have the basis to present a counteroffer. Your damages could be:

• Economic losses. Keep records of the monetary losses you have suffered due to the accident. The repair or replacement estimates for your bike, medical bills, and the value of your lost wages should be included in a fair settlement agreement.
• Non-economic losses. You have likely also suffered non-monetary losses as a direct result of the accident. These losses could include pain and suffering or the loss of life enjoyment. The value of these losses is subjective, but it could be high if you suffer severe injuries or a life-altering disfigurement.

Common Injuries Seen in Motorcycle Accidents

Keeping detailed medical records can demonstrate the severity of your injuries and the need for any ongoing care that may be required. You can also keep a journal of how the accident has affected your life and that of your family, as it can demonstrate the non-economic damages you have suffered. Some of the most common injuries seen from motorcycle accidents include:

• Spinal cord injuries
• Traumatic brain injuries
• Road rash
• Broken bones
• Internal injuries
• Amputations

Any of these injuries could result in long-term medical needs and the inability to work for long stretches of time. You could face the possibility of never being able to return to work, or you might need lifetime accommodations when you do return to work. Regardless of your injuries, you should not be responsible for covering these medical bills as the victim of a careless driver.

FAQs

How Much Does It Cost to Hire a Motorcycle Accident Lawyer in Virginia?

There is usually no upfront cost to hire a motorcycle accident lawyer in Virginia. Instead, most motorcycle accident lawyers, including Brooks & Baez, charge a contingency fee, which is only paid if they obtain compensation for your claim. Your lawyer would then receive a set percentage of your total. Virginia has standard rates for these fees, with settlement offers achieved through negotiations charged a lower fee than those awarded at trial. This fee can be discussed during your initial consultation.

How Long After a Motorcycle Accident Can You File a Claim in Virginia?

In Virginia, after a motorcycle accident, you have two years to file your personal injury claim in civil court. This deadline is established in the Code of Virginia Section 8.01-243(A). However, you are more likely to get a favorable settlement offer if you file your claim quickly. Waiting too long to file means that evidence can be lost, and it becomes harder to locate any witnesses who could provide evidence for your claim.

Is Virginia a No-Fault State for Motorcycle Accidents?

No, Virginia is not a no-fault state for motorcycle accidents. Instead, Virginia uses a fault-based system, wherein the party deemed responsible for causing the accident has the responsibility to pay for the damages suffered by the other parties involved.

However, Virginia also uses a strict contributory negligence rule. This bars accident victims from seeking damages if they also contributed to the accident. Under this rule, you may bear the burden of proving that you did not contribute to the accident.

Are Motorcyclists Usually at Fault When an Accident Happens?

Traffic accidents involving a passenger vehicle and a motorcycle are more often caused by the passenger vehicle than the motorcyclist. In many cases, the passenger vehicle driver failed to see the motorcycle and:

• Turned left in front of an oncoming motorcycle.
• Changed lanes without checking their blind spot.
• Failed to check mirrors before turning.
• Opened their car door into an oncoming motorcycle. 

There are also instances where the motorcyclist is at fault, such as by speeding or weaving through traffic.

How Much Is the Average Motorcycle Accident Settlement in Virginia?

In Virginia, there is no average motorcycle accident settlement amount, as the value of the settlement agreement is based on the specific damages suffered. A good settlement offer should take into consideration:

• Your current and future medical needs
• Lost wages
• The cost to repair or replace your damaged property
• All non-economic losses, such as pain and suffering, emotional duress, and loss of life enjoyment

Contact Brooks & Baez

When you have suffered injuries and damaged property due to someone else’s careless or reckless actions behind the wheel, you deserve to have those damages covered by the at-fault party. Our Virginia Beach motorcycle accident firm can seek justice for you and work to recover those damages. You do not have to be overwhelmed by sudden medical bills and other expenses. Contact Brooks & Baez today to schedule your initial consultation.