Virginia Motorcycle Accident Attorneys

Fighting For Motorcycle Accident Victims in Woodbridge, Fairfax & Throughout Virginia

Motorcycle accidents can result in life-altering consequences, leaving victims with severe injuries, emotional trauma, and significant financial burdens. Navigating the aftermath of a motorcycle accident is very complex, requiring a thorough understanding of Virginia’s personal injury laws and the unique challenges motorcyclists face on the road. If you or a loved one has been involved in a motorcycle accident, the Law Office Of Andrew S. Kasmer is here to deliver the experienced legal representation you need to pursue the compensation you rightfully deserve.

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Virginia Motorcycle Laws

Motorcycle laws are designed to ensure the safety of riders and others on the road. Here are some of the key motorcycle laws in Virginia:

• License Requirements: To legally ride a motorcycle, you need a Class M endorsement on your driver's license. You can get this endorsement by passing a skills test or completing a Motorcycle Safety Foundation course.
• Helmet Requirement: All motorcycle riders and passengers must wear a helmet that meets U.S. Department of Transportation (DOT) safety standards.
• Eye Protection: Riders must wear eye protection unless their motorcycle has a windshield that provides adequate coverage.
• Motorcycle Operation Rules: Motorcyclists must ride within their lane and are prohibited from lane splitting (riding between lanes of traffic). If carrying a passenger, the motorcycle must have a proper passenger seat and footrests.
• Insurance and Registration: Motorcyclists must have liability insurance and properly register their motorcycle with the Virginia DMV. Motorcycles must pass a safety inspection for basic safety features.
• Motorcycle Safety Course: Virginia offers a safety course that can help riders obtain their license and avoid the road skills test. The course teaches safe riding techniques.
• Lane Splitting: Lane splitting, or riding between lanes of traffic, is illegal in Virginia. Motorcyclists must stay within their lane at all times.
• DUI/DWI for Motorcyclists: Motorcyclists are subject to the same DUI laws as car drivers, with a legal BAC limit of 0.08%. Violating this law can result in fines, license suspension, and jail time.
• Headlights: Motorcyclists must have their headlights on at all times, both during the day and night, for increased visibility.
• Passing Regulations: When passing other vehicles, motorcyclists must ensure it is safe and follow the same rules as other vehicles.

Common Causes of Motorcycle Accidents

Common causes may include:

• Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted often fail to notice motorcycles on the road, resulting in dangerous collisions.
• Speeding: Excessive speed reduces a driver’s capability to react in time to avoid a collision.
• Failure to Yield: Many accidents often occur when drivers fail to yield the right of way to motorcyclists, especially at intersections or when making left turns.
• Lane Splitting: While legal in some states, lane splitting can be dangerous if done improperly, particularly if drivers are not expecting a motorcycle to pass between lanes.
• Driving Under the Influence: Impaired drivers pose a significant risk to motorcyclists, as alcohol and drugs impair judgment, response time, and overall driving ability.
• Poor Road Conditions: Potholes, debris, and uneven surfaces could be especially hazardous for motorcyclists, who are more vulnerable to losing control on compromised roads.

Injuries Commonly Sustained in Motorcycle Accidents

Common injuries may include:

• Traumatic Brain Injuries (TBIs): Even when wearing a helmet, motorcyclists can suffer from TBIs, which can have long-lasting or permanent effects on cognitive function, memory, and behavior.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or full paralysis, significantly affecting a victim’s quality of life and capability to perform everyday tasks.
• Fractures and Broken Bones: The impact of a collision often results in broken bones, which can require surgery and extensive rehabilitation.
• Road Rash: When a motorcyclist is thrown from their bike, they may skid across the pavement, leading to severe abrasions known as road rash. This injury can lead to serious infections and scarring.
• Internal Injuries: Blunt force trauma from a motorcycle accident can cause internal injuries, like organ damage or internal bleeding, which could not be instantly obvious but can be life-threatening if not treated promptly.

Potential Damages in a Motorcycle Accident Claim

Possible damages include:

• Medical Expenses: This often includes present and future medical costs that are related to the accident, like hospital bills, surgeries, medication, physical therapy, and any necessary long-term care.
• Lost Wages: If the injuries sustained in the accident prevent you from working, you may be entitled to compensation for lost income, both now and in the future if the injuries are disabling.
• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident can be substantial, particularly if the injuries are very severe or permanent.
• Property Damage: This covers the restoration or replacement of your motorcycle and any other personal property damaged in the accident.
• Loss of Consortium: In some cases, the spouse of the injured party could be qualified to compensation for the loss of companionship and support due to the accident.
• Punitive Damages: In instances where the at-fault party’s conduct was particularly reckless or egregious, the court may grant punitive damages to penalize the wrongdoer and prevent similar behavior in the future.

Motorcyclists Face Bias from Insurers

Insurers may exhibit bias against motorcyclists seeking compensation after an accident for several reasons. Here are a few ways this can manifest:

• Stereotypes About Motorcyclists: Insurers may assume motorcyclists are more likely to engage in reckless behavior, leading them to automatically presume fault in accidents. This bias can result in unfair treatment or lower compensation for the rider.
• Greater Challenges in Proving Fault: Motorcyclists often face skepticism about their version of the accident, especially when there is a car involved. This bias can lead insurers to dismiss claims or place disproportionate blame on the motorcyclist.
• Insurance Adjusters and Tactics: Insurers may try to minimize payouts by questioning the severity of the motorcyclist's injuries or claiming pre-existing conditions. They may also delay processing claims, pushing motorcyclists to settle for less compensation.
• Motorcycle-Specific Coverage Issues: Motorcycle insurance policies often offer more limited coverage, and insurers might argue that the rider’s policy doesn’t cover certain damages, reducing compensation. This can leave motorcyclists with insufficient coverage for their injuries or damages.
• Bias in Legal Representation: Motorcyclists may face additional bias in court, where juries or opposing attorneys might be influenced by negative stereotypes about motorcyclists. This can impact the fairness of their settlement or legal outcomes.