Motorcycle Accidents

Accidents involving motorcycles often result in catastrophic injury or death. In Virginia in 2024 there were 2,000 reported motorcycle accidents. Sadly those accidents resulted in 115 fatalities and over 1800 injuries. Almost half of those injuries were considered “serious” by the Department of Motor Vehicles. When these accidents occur due to the negligence of others, you may be able to win compensation for your injuries.

If You’ve Been Injured in a Motorcycle Accident, You Need an Experienced Personal Injury Lawyer.

Motorcycle accidents can turn lives upside down, leading to serious injuries, costly medical treatments, and lost wages. At Frei, Mims and Perushek, we understand the unique challenges riders face, from insurance company tactics to liability disputes. Virginia’s strict contributory negligence law is a particular challenge for motorcyclists involved in an accident. If you have been hurt in a crash in Virginia or Washington, D.C., our motorcycle accident lawyers can stand by your side. Our firm focuses on advocating for victims of negligence, thoroughly examining the circumstances of each case and striving to secure fair compensation. By handling negotiations and, if needed, litigation, we aim to alleviate stress and let you focus on recovery. Here’s an example:

Motorcycle-car collision plaintiff awarded $1.7 Million

A 50-year male was sitting on his Harley Davidson motorcycle when struck from behind by the defendant, who was driving a car owned by a car dealership after hours. The defendant had a BAC of .18. The defense admitted negligence but argued that the BAC was not a proximate cause of the accident. The defense also argued that the plaintiff’s injuries were pre-existing since the passenger riding behind the driver was not injured. Partner Gary Mims successfully established that the accident was caused by the defendant’s intoxication and caused the plaintiff’s injuries to become symptomatic. The jury awarded $1.7 million.

The Cause of the Motorcycle Accident May Be Key to Recovering Compensation

By pinpointing the cause of a crash, an injured motorcyclist may pursue legal action against the appropriate defendants. While there are many reasons motorcycle accidents occur, at Frei, Mims and Perushek we know that motorcyclists are particularly vulnerable to:

• Poorly Maintained Roads: Potholes, broken pavement, missing signage, and debris pose greater dangers for two wheels than for four. Motorcyclists can lose balance from sudden uneven surfaces. Government entities charged with maintaining roads or placing warning signs may be partly responsible if serious hazards go unaddressed.
• Failure to Yield: Many multi-vehicle motorcycle accidents arise when cars fail to observe right-of-way rules, especially while turning left across incoming traffic or rushing through intersections. Drivers who underestimate a motorcycle’s speed also miscalculate the time needed to safely complete a turn or maneuver.
• Unsafe Lane Changes by Cars: Before moving into an adjacent lane, drivers should check mirrors, blind spots, and signal. Because motorcycles can be hidden alongside a vehicle, a swift, un-signaled lane change can be particularly perilous. Failing to notice a rider before merging often contributes to serious wrecks.
• Tailgating by Cars: With a reduced ability to react safely, a following car can collide with a motorcycle if the rider needs to slow or stop suddenly. When riders downshift or brake, a tailgating car can easily cause a rear-end crash. Even minor collisions can throw a motorcyclist from the bike. Many drivers don’t know that a motorcycle with an experience rider can stop more quickly than a car.
• Motorcycle Defects: A fault in brake design, tire manufacturing, or other vital parts can contribute to a crash. In such cases, liability may extend to manufacturers or retailers under product liability theories, if the defect can be shown to have caused or exacerbated the accident. Repair shops that install parts incorrectly or overlook critical issues might also be liable on grounds of negligence.

Who Is at Fault? Exercise Caution in Discussing Your Accident.

Virginia is one of the few states in the country with a strict contributory negligence law. Any fault attributed to the rider can bar recovery altogether. That is why it is crucial that you avoid making any statement that might hurt your case and you should seek an experienced attorney to be your advocate.

Contributory Negligence in Motorcycle Accident Cases in Virginia

Across the United States, many states employ comparative negligence rules. Under these, an injured person’s compensation is merely reduced by their own percentage of fault. Virginia, however, follows contributory negligence: if a motorcyclist is even slightly at fault (even 1%), they can be barred from recovery altogether.

• The Harsh Nature of Contributory Negligence: Defense attorneys routinely scrutinize a rider’s speed, compliance with traffic laws, and maintenance of the bike to discover any arguable negligence on the motorcyclist’s part. Should they succeed in assigning a fraction of responsibility to the rider, compensation may be denied entirely.
• Illustration: If a motorcyclist exceeded the speed limit by just a small margin and a car abruptly turned left without signaling, the defense might claim the speeding contributed to the collision. Under comparative negligence, a rider might still recover a portion of damages. In Virginia, that partial fault can nullify recovery.
• Last Clear Chance: This narrow exception allows a partly negligent motorcyclist to recover if the at-fault driver had a clear, subsequent opportunity to avoid the accident but failed to do so. Proving this requires showing that the driver actually recognized the danger and still did nothing.
• Importance of Compliance: For a rider, careful adherence to helmet laws (Va. Code § 46.2-910), speed limits, and other regulations is more than just a safety measure. It combats potential contributory negligence arguments. When confronted with the question of fault, the rider’s lawful conduct can be pivotal to preserving the right to compensation.

Navigating these legal standards is one of the primary reasons you need an experienced motorcycle accident lawyer.

DO NOT SPEAK WITH INSURANCE ADJUSTERS UNTIL AFTER YOU HAVE SPOKEN WITH AN ATTORNEY

Common Defense Tactics in a Contributory Negligence State

At Frei, Mims and Perushek, we have seen that defendants—often insurance companies—will look for ways to attribute fault back to the motorcyclist. Typical arguments include:

• Minor Speeding: Even if the posted limit was 40 mph and the motorcyclist rode at 45 mph, the insurer may claim that this speed difference contributed to the accident. They might assert the rider could have braked sooner or been less surprising to other drivers if abiding by the exact limit.
• Failure to Wear a Helmet: Virginia’s helmet requirement (Va. Code § 46.2-910) aims to protect riders’ heads and faces. If the rider was not wearing a regulation-compliant helmet, a defendant might argue the rider’s negligence exacerbated head injuries, effectively reducing or barring compensation. Whether this defense succeeds can hinge on whether the injuries were primarily to the rider’s head or other body parts.
• Lane Positioning: A defense might claim the rider was occupying a part of the lane in a manner that made them hard to see or that they changed lanes without signaling.
• Vehicle Upkeep: If a rider failed to maintain brakes, tires, or lights, the defense might argue these rider oversights played a part in causing the collision or exacerbating injuries.
• Distracted or Impaired Riding: Allegations of phone use while riding, or evidence of alcohol or drug use, can be catastrophic to a case under contributory negligence. Even minimal impairment might eliminate the possibility of recovery.
• Aggressive Maneuvers: Lane splitting, weaving through traffic, or any abrupt lane changes give the defense a foundation to claim partial rider fault. As lane splitting is generally prohibited in Virginia, an insurer trying to prove partial blame may highlight any maneuver that appears to circumvent standard lane usage.

In a state like Virginia—adhering to contributory negligence standards—any fault attributed to the rider can bar recovery altogether. Consequently, understanding common accident types and the often-accompanying negligent behavior can be pivotal in both preventing crashes and clarifying liability. If you have questions about liability or need assistance after a collision, an experienced motorcycle accident attorney like Frei, Mims and Perushek help advocate for your rights.

Motorcycle Accident Statute of Limitations

Virginia generally imposes a two-year statute of limitations for personal injury claims, detailed under various sections in Title 8.01 of the Code of Virginia. Missing this window almost always prevents legal recovery, no matter how strong the underlying claim. Points to remember:

• Starting Point: The clock usually begins on the accident date. Injuries discovered later do not necessarily extend this timeframe; it remains crucial to seek prompt care and evaluation so the connection between the crash and injuries is well-documented from the outset.
• Special Exceptions:
  • Minors: If a rider or passenger under 18 is injured, the time limit typically starts running upon turning 18.
  • Mental Incapacity: If the victim is mentally incapacitated, the statutory period might be tolled until they regain capacity or have a guardian appointed.
  • Wrongful Death: If injuries lead to death days or months later, the personal representative of the estate generally has two years from the date of death to file a wrongful death action (rather than from the accident date).
• Government Defendants: Claims against a state agency or local government often require filing notices within a set period, which may shorten practical deadlines significantly. Failing to comply with these notice requirements can end a claim before it begins.

Adhering to limitations is not just about filing a lawsuit in time; it is about ensuring witnesses can be contacted, evidence stays intact, and experts have enough data to form opinions. Prompt action preserves the claim’s integrity when building a strong evidentiary foundation.

Timeliness Matters in Filing Motorcycle Accident Claims in Virginia

Filing even one day late is typically fatal to the claim.

• Date of Discovery vs. Date of Accident: In most personal injury actions, the clock starts at the accident, not when the injury is discovered. Hence, an injured party must remain vigilant about deadlines, even if symptoms manifest weeks later.
• Government Entities: Where a state agency or municipality is named, notice requirements may be earlier than two years. Delays in sending the requisite formal notice may divest the rider of any potential recovery.

Wrongful Death: If a rider succumbs to accident-related injuries sometime after the collision, the statute generally starts at the date of death for the deceased’s representative to file a wrongful death claim. The underlying timeline of the initial crash and medical treatments may still come into play, so caution is essential in calculating final deadlines.

Timely filing safeguards a claim’s viability, especially in a system that already places a heavy burden on the injured motorcyclist to demonstrate no fault on their part.

How Multiple Factors Intertwine

Motorcycle accidents in Virginia involve a blend of legal standards, factual details, and strategic decision-making. Several overlapping aspects may simultaneously influence the claim:

• Statutory Requirements: Virginia’s helmet law (Va. Code § 46.2-910), the notice obligations for suing government entities under the Virginia Tort Claims Act (Va. Code Ann. §§ 8.01-195.1 to 8.01-195.9), and the two-year statute of limitations all converge on the claimant’s conduct and timing.
• Negligence Principles: Proving breach of duty and causation is often straightforward if the other driver blatantly violated a traffic rule. However, the rider’s actions or omissions can derail recovery altogether under contributory negligence.
• Product Liability Overlays: If the motorcycle itself or a replacement part was defectively designed or assembled, the rider might assert a product liability claim. The presence of a manufacturing defendant introduces questions about strict liability versus negligence, the viability of joint and several liability, and additional insurance coverage sources.
• Employer Liability: If the at-fault individual was on the job, such as a delivery driver or commercial truck operator, vicarious liability may offer another avenue for compensation. Yet the employer may deny liability by classifying the driver as outside the scope of employment or as an independent contractor.
• Government Liability: A road defect or missing signage can entangle a city or state agency in the lawsuit. Sovereign immunity and unique filing deadlines add complexity. Any slip in notice or compliance with procedural prerequisites might doom an otherwise strong case.
• Insurance Complexities: The at-fault driver’s policy limits, the rider’s own UM/UIM coverage, and potential umbrella policies can dictate available compensation. Insurers may also rely on contributory negligence to issue denial letters or drastically reduce their initial settlement offers.

By recognizing the interplay of these factors—contributory negligence, product liability, government immunity, and insurance coverage—a claimant can more effectively navigate the legal system. Comprehensive evidence collection, prompt compliance with deadlines, and a clear demonstration of the rider’s lawful conduct remain central to securing a fair outcome.

Contact us for a Complimentary Consultation

At Frei, Mims and Perushek, our mission is to help injured motorcycle riders across Alexandria and the counties of Fairfax, Arlington, Prince William, Loudoun in Virginia move forward. Our experienced motorcycle accident lawyers understand the hardships you face following a collision, from medical care to lost income. We are here to clarify your legal options, gather impactful evidence, and negotiate with insurance companies. Each step of the way, we strive to protect your rights and strive for the compensation you deserve. Whether your accident resulted from a negligent driver, roadway hazard, or another cause, we are committed to tailoring our approach to your unique circumstances. Reach out to us today at 703-925-0500 for a Free Consultation and open the door to professional guidance throughout this challenging process. Let us stand by your side, so you can focus on healing and rebuilding your life. Count on us to handle every detail.