Tap to CallWhat to Do After a Motorcycle Accident in Virginia
After a motorcycle accident in Virginia, there are a few key steps you should take to protect your right to seek compensation for your injuries. You should report the accident, seek medical attention, gather information, notify your insurance provider, and consult a motorcycle accident attorney.
What Should I Do After a Virginia Motorcycle Accident?
Understanding what to do after a motorcycle accident in Virginia is crucial. Some of the most important things are:
- Report the Accident – In Virginia, it is mandatory to report any vehicle accident that results in injury or death to the police. However, this law isn’t the only reason you should contact the police after a motorcycle accident. To file a claim with the at-fault party’s insurance provider, you will likely need a copy of the accident report from the police.
- Seek Medical Attention – Even if you believe your injuries are minor, it’s essential that you seek immediate and ongoing medical attention. Getting immediate medical care is important in case you suffered internal or head injuries. The symptoms of these kinds of harm may be delayed. Continuing to seek ongoing medical treatment is also important for your recovery and claim, as it creates a paper trail of your injuries and treatments.
- Gather Information – Collect as much information from the accident scene as possible, including photographs of the scene, damage to the vehicles involved, road conditions, traffic signs, and your visible injuries. If anyone witnessed the accident, you should also ask for their contact information and a brief statement on what they saw so your attorney can follow up to obtain their complete testimony.
- Notify Your Insurance Company – Even if you believe it’s clear that the other motorist is responsible for the accident, you should notify your insurance company. You may need to file an uninsured or underinsured motorist claim with them depending on the insurance situation of the person who caused the accident, and notifying your insurance provider is a crucial step in filing a claim under these coverages.
- Consult a Motorcycle Accident Attorney – An experienced motorcycle accident attorney can help you protect your rights, gather information supporting your claim, negotiate with the insurance company, and represent you at trial.
What Should I NOT Do After a Motorcycle Accident in Virginia?
While there are multiple things you should do after a motorcycle accident, there are also multiple things you shouldn’t do, including:
- Do Not Admit Fault – As established in Baskett v. Banks, 45 S.E.2d 173, Virginia follows a pure comparative negligence system. That means if you bear any fault for the accident that caused your injuries, the courts will bar you from recovering compensation. For this reason, it’s vital that you do not admit any fault for the accident, as this could severely impact your right to get the money you need.
- Do Not Ignore Medical Advice – Failing to follow medical advice after a motorcycle accident can negatively impact your recovery and legal claim. Insurance companies and opposing lawyers may argue that your injuries are not severe or that you failed to mitigate your damages if you don’t follow your doctor’s recommendations.
- Do Not Speak to the Insurance Adjuster – The at-fault party’s insurance company may contact you for a statement. You should decline to speak with them until after consulting your attorney. Insurance adjusters are often looking for reasons to deny your claim or limit your settlement, and their goal is to get you to say something they can use against you.
- Do Not Wait to Contact an Attorney – The sooner you contact a motorcycle accident attorney, the better. Your attorney will be able to provide valuable legal advice that can protect your right to compensation. They can also take on the role of investigating your case — including gathering accident scene evidence, speaking to witnesses, hiring experts, and more — while you focus on recovering from your injuries.
How Soon Should I Contact a Virginia Motorcycle Accident Lawyer?
Contacting a Roanoke motorcycle accident attorney should be one of the first things you do after an accident. After notifying the police and seeking medical treatment, contacting a lawyer is the most important thing you can do for your claim. Some of the ways your attorney can assist you are:
- Gathering Crucial Evidence – Taking accident scene photos and collecting witness statements aren’t the only ways your attorney can gather evidence. They can hire expert witnesses to provide professional testimony on key aspects of your case and request traffic and security camera footage that captured the accident.
- Providing Legal Advice – Your attorney will explain your legal options so you can make informed decisions about the direction of your claim. They will also coach you on what to say to the insurance adjusters and opposing counsel and help you prepare for any deposition you are required to attend.
- Filing Your Claim – The statute of limitations for filing a motorcycle accident or other personal injury claim in Virginia is two years. Your attorney can assist you in filing your claim within this period so you don’t miss out on the compensation you deserve.
- Negotiating with the Insurance Company – An experienced attorney can prevent the insurance company from attempting to get you to agree to a low settlement. They will come to negotiations prepared to use evidence to seek a fair settlement that covers all of your losses.
- Litigating Your Case – If the insurance company refuses to offer an acceptable settlement, your attorney can take your case to trial and seek the maximum compensation for your injuries in court.
Contact a Virginia Motorcycle Accident Lawyer
When you know what to do — and what not to do — after a motorcycle accident in Virginia, you can protect your rights, health, and future. The experienced motorcycle accident attorneys of Lichtenstein Law Group PLC are here to support you every step of the way.
Contact us today for a free, no-obligation consultation with one of our qualified motorcycle accident lawyers. We’ll provide a case evaluation, help you understand your rights and options, and discuss what you can expect from the personal injury claims process.
John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.