A motorcycle crash often leaves riders with serious injuries far more severe than those in a typical car accident, given the complete absence of any structure surrounding the rider’s body at the moment of impact. Virginia law adds yet another layer of difficulty through a strict fault rule that can eliminate a claim entirely over even minor shared responsibility for the crash itself.
Virginia follows a pure contributory negligence rule, meaning an injured rider found even slightly at fault for a crash can be completely barred from recovering any compensation at all, regardless of how much more responsible the other driver actually was in causing the collision. A Roanoke motorcycle accident lawyer works diligently to counter these fault allegations early in the process, since insurance adjusters routinely search for any possible basis to shift blame onto the injured rider.
Virginia law formally requires motorcycle operators and passengers to wear a protective helmet, though the statute specifically and clearly states that failing to wear one does not constitute negligence on its own in any civil proceeding. Common arguments an insurer may still raise involving helmet use include:
A skilled attorney can counter these particular arguments by carefully separating helmet-related damages from the broader underlying claim.
Beyond simple helmet arguments, insurers frequently raise other claims meant to establish partial fault, including allegations about lane position, speed, or visibility. A Roanoke motorcycle accident lawyer understands the unique and unfair scrutiny motorcyclists often face compared to car drivers, since many people carry unconscious biases about motorcycle riding that can significantly influence how fault ultimately gets assigned.
Virginia law generally and clearly gives an injured rider a full two years from the exact date of the crash to file a personal injury lawsuit in court, after which the right to pursue compensation typically becomes permanently barred. Missing this deadline eliminates a claim entirely, regardless of how clearly the other driver caused the underlying crash or how severe the resulting injuries turned out to be.
Road rash, fractures, and traumatic brain injuries occur quite frequently in serious motorcycle crashes, often requiring extensive medical treatment that should be documented thoroughly from the very first medical visit onward. Gaps in medical treatment or inconsistent medical records can give an insurer a genuine opening to argue the injuries were considerably less serious than actually claimed by the injured rider in the lawsuit.
Many drivers on the road today carry only the state’s required minimum liability coverage, which often falls well short of covering serious motorcycle injuries entirely on its own. Uninsured and underinsured motorist coverage carried on a rider’s own separate policy, when purchased ahead of time, can become an absolutely essential source of recovery when the at-fault driver’s coverage proves entirely insufficient to cover the damages.
Understanding how Virginia’s strict fault rule actually works shapes considerably how a claim should be approached from the very beginning of the process. The Law Offices of Mark T. Hurt has represented injured riders across Roanoke for many years, handling cases at every stage. If you were hurt in a motorcycle accident, reach out to discuss your specific options and what steps might make sense.
