If you’ve been in a motorcycle accident in Virginia, you probably have a lot of questions—and not a lot of answers. What should you do first? Who’s at fault? Can you get compensation for your injuries? And how do Virginia’s laws affect your rights?
At the Parrish Law Firm, we understand how overwhelming this situation can be. Motorcycle accident claims are very different from car crash cases. You’re more likely to suffer serious injuries, and unfortunately, many people (including insurance adjusters) often assume the rider was at fault—even when that’s not true.
That’s why we’ve created this helpful FAQ—to answer your biggest questions and help you make informed decisions. Our goal is simple: to make everything easier for you.
What Should I Do Immediately After a Motorcycle Accident in Virginia?
The steps you take after a motorcycle accident can make a big difference—not just for your health, but also for your legal claim.
Here’s what to do, step by step:
- Call 911 – Even if you feel okay, get emergency services on the scene. Injuries can show up hours or days later.
- Seek medical attention – Don’t try to “tough it out.” Get checked out by a medical professional as soon as possible.
- Get to safety – If you can, move yourself and your motorcycle out of traffic.
- Exchange information – Get the other driver’s name, contact info, license plate number, and insurance details.
- Take photos and video – Document the scene, damage to your bike, your injuries, skid marks, and road conditions.
- Collect witness info – If anyone saw the crash, ask for their name and contact information.
- Do not admit fault – Even saying “I’m sorry” can be used against you later.
- Report the accident to your insurance company – Stick to the facts, and don’t give a recorded statement without legal advice.
Most importantly, call a motorcycle accident attorney as soon as possible. The sooner you get legal guidance, the more protected your rights will be.
How Do I Prove Fault in a Virginia Motorcycle Accident?
In Virginia, proving fault is critical to your case. Why? Because Virginia follows something called pure contributory negligence—and it’s one of the toughest systems in the country.
Under this rule, if you’re found to be even 1% at fault for the accident, you can be barred from recovering compensation. That means proving the other party was entirely at fault is absolutely essential.
Here’s how we help prove fault:
- Accident scene evidence (photos, videos, skid marks)
- Police reports with officer opinions and citations
- Eyewitness testimony
- Black box or dash cam footage, if available
- Expert accident reconstruction, when needed
- Cell phone records, in cases of distracted driving
At the Parrish Law Firm, we know how to dig into the details to prove liability—because we know what the insurance companies are looking for.
What Types of Damages Can I Recover in a Virginia Motorcycle Accident Claim?
If you were injured in a motorcycle accident that wasn’t your fault, you may be entitled to several types of compensation—also known as “damages.”
Common damages include:
- Medical expenses – ER visits, surgeries, medications, rehab, physical therapy, and future treatment.
- Lost wages – If you missed work due to your injuries, you can recover those lost earnings.
- Loss of future earning capacity – If you can’t return to your old job, or have long-term disability, this covers future income loss.
- Pain and suffering – This includes physical pain, emotional distress, PTSD, anxiety, and the toll the accident has taken on your quality of life.
- Property damage – You can recover the value of your motorcycle or the cost of repairs.
- Scarring and disfigurement – Especially important in serious motorcycle accidents involving burns or permanent injuries.
- Punitive damages – In rare cases involving extreme negligence, like drunk driving, you may be eligible for additional damages to punish the wrongdoer.
At Parrish Law Firm, we build a case that fully reflects your losses—not just the bills, but the full story of how this accident has impacted your life.
How Does Virginia’s Comparative Negligence Law Affect My Case?
Here’s the tough part: Virginia does not use comparative negligence like most states. Instead, it follows pure contributory negligence—which means if you’re even slightly at fault, you’re not allowed to recover damages.
This law is one of the biggest reasons accident victims in Virginia need an experienced lawyer. Even if it seems clear that the other driver caused the crash, their insurance company may still try to blame you in order to avoid paying out.
They might claim:
- You were speeding
- You weren’t wearing visible gear
- You didn’t try to avoid the crash
- You were lane splitting (which is illegal in Virginia)
At Parrish Law Firm, we know how to push back against these tactics and protect your right to compensation. Jim Parrish used to work for insurance companies—so he understands exactly how they operate, and how to beat them at their own game.
When Should I Contact a Motorcycle Accident Lawyer in Virginia?
As soon as possible.
Here’s why timing matters:
- Evidence can disappear—skid marks fade, witnesses forget, and vehicles get repaired or sold.
- Insurance adjusters may try to contact you early and get you to say something they can twist against you.
- You only have two years from the date of the accident to file a personal injury lawsuit in Virginia (per the statute of limitations).
And perhaps most importantly—you don’t have to do this alone.
From day one, we can:
- Investigate the crash
- Handle all communication with the insurance companies
- Make sure your medical treatment and expenses are documented
- Calculate the true value of your claim
- Fight for the maximum compensation available
Contact the Parrish Law Firm for a FREE Motorcycle Accident Consultation
We know how hard life gets after a motorcycle accident. You may be in pain, facing time off work, or unsure how to deal with the insurance company. That’s why we’re here—to make everything easier for you.
At the Parrish Law Firm, your consultation is always free. You’ll speak with a real attorney who listens to your story, answers your questions, and gives you honest, straightforward advice about your options.
We never charge any upfront fees. We only get paid if we win your case.
Here’s what you can expect:
- A free consultation—with no pressure and no obligation
- Personal attention from a legal team that cares
- A full review of your case and potential next steps
- A lawyer who knows how insurance companies work—and how to fight them
You don’t have to go through this alone. Let us help you get the support, answers, and justice you deserve.
Call the Parrish Law Firm today, and let’s take the first step together.