What to Do After a Motorcycle Accident

After a motorcycle accident in Virginia, call 911, move away from immediate danger if you can do so safely, obtain medical care, exchange information, photograph the scene and notify your insurer. You should also preserve your motorcycle, helmet, riding equipment and any camera footage because these items may contain important evidence.

Do not admit fault, speculate about what caused the crash or sign a settlement release before understanding your injuries and the rights the document will end.

The eight most important steps to take are:

1. Call 911 and protect yourself from immediate danger.
2. Obtain emergency and follow-up medical care.
3. Report the crash and cooperate with law enforcement.
4. Exchange information and identify witnesses.
5. Document the vehicles, road and surrounding scene.
6. Notify your insurance company accurately and promptly.
7. Preserve the motorcycle, helmet, riding equipment and records.
8. Consider obtaining legal advice before resolving the claim.

If another driver may have caused the collision, a Norfolk motorcycle accident lawyer can review the crash evidence, insurance coverage and Virginia laws that may affect the claim.

1. Call 911 and Protect Yourself From Immediate Danger

Your health and safety should come before gathering evidence or discussing insurance. Call 911 after a motorcycle crash involving an injury, possible head impact, significant vehicle damage, a blocked road, a hit-and-run driver or another dangerous condition.

Tell the dispatcher:

• The location of the crash
• The direction of travel
• How many vehicles and riders are involved
• Whether anyone appears unconscious or seriously injured
• Whether traffic, fuel, fire or debris creates an immediate hazard

If you are able to move without increasing pain or creating additional danger, get away from active traffic. Do not attempt to stand merely to prove that you are uninjured.

Should you move an injured motorcyclist?

Do not unnecessarily move a rider who may have a head, neck, back or spinal injury. Move the person only when an immediate danger—such as fire or moving traffic—makes remaining in place more dangerous, or when an emergency dispatcher instructs you to do so.

Follow the dispatcher’s instructions concerning breathing, bleeding and first aid. Do not attempt procedures for which you are not trained.

2. Obtain Medical Care

Motorcycle riders do not have the enclosed structure, seat belts and airbags available to most passenger-vehicle occupants. A rider may strike another vehicle, the road, a barrier or another object during the same collision.

Possible injuries include:

• Traumatic brain injuries and concussions
• Neck and spinal cord injuries
• Broken or crushed bones
• Internal bleeding and organ injuries
• Road rash, burns and lacerations
• Nerve damage
• Joint and soft-tissue injuries
• Amputations
• Psychological trauma

Accept emergency assessment when it is recommended. A rider may have a serious injury despite being conscious, speaking normally or initially feeling able to move.

When is a head injury an emergency?

Call 911 or seek emergency care immediately if the rider has:

• A headache that worsens and does not go away
• Repeated vomiting
• A seizure or convulsion
• Weakness, numbness or reduced coordination
• Slurred speech
• One pupil larger than the other
• Increasing confusion, agitation or unusual behaviour
• Loss of consciousness
• Extreme drowsiness or difficulty waking
• Inability to recognise people or places

Some concussion symptoms may appear immediately, while others may develop over the following hours or days. Contact a healthcare professional if new symptoms appear or existing symptoms worsen.

Follow the treatment plan

After the initial evaluation:

• Attend recommended follow-up appointments.
• Take medication as prescribed.
• Complete physical, occupational or other therapy when recommended.
• Ask when it is safe to drive, ride, work or exercise again.
• Report new or worsening symptoms.
• Keep copies of bills, prescriptions, work restrictions and discharge instructions.

Medical decisions should be based on your health—not on an attempt to increase the value of an insurance claim.

3. Report the Motorcycle Accident to Law Enforcement

Under Virginia Code § 46.2-371, the driver of a vehicle involved in a crash resulting in injury or death must immediately notify a law-enforcement officer. A willful failure to make the required report is a Class 4 misdemeanor.

The responding officer may:

• Secure the scene
• Arrange emergency assistance
• Speak with drivers and witnesses
• Document the vehicles and road
• Record insurance information
• Investigate possible traffic violations
• Provide an incident or crash-report number

Under Virginia Code § 46.2-373, an officer who investigates a crash involving injury, death or apparent total property damage of at least $3,000 must forward a written report to the Virginia Department of Motor Vehicles within 24 hours after completing the investigation.

Ask for:

• The officer’s name and agency
• The incident or report number
• Instructions for requesting the completed crash report
• Information concerning towing or storage of the motorcycle

A police report may be important evidence, but it does not automatically determine liability in a civil claim.

4. Exchange Information and Identify Witnesses

Virginia Code § 46.2-894 requires drivers involved in certain crashes causing injury, death or damage to attended property to stop, provide specified information and render reasonable assistance to injured people.

Obtain the other driver’s:

• Full name
• Address
• Driver’s licence number
• Vehicle registration number
• Insurance company and policy information
• Telephone number and email address

Photograph the driver’s licence, insurance card and vehicle registration when permission is given and it is safe to do so. Confirm that the documents belong to the driver and vehicle involved.

Collect witness information

Ask independent witnesses for:

• Their name
• Phone number
• Email address
• A brief description of what they observed

Do not pressure a witness to agree with your account. Preserve the person’s contact information so that law enforcement, insurers or attorneys can conduct an appropriate interview later.

5. Document the Motorcycle Accident Scene

If your condition and the surrounding traffic allow it, document the scene before vehicles are moved and temporary evidence disappears.

Photograph or record:

• The motorcycle from multiple angles
• Every other vehicle involved
• Vehicle positions and points of impact
• Skid marks, gouges, debris and fluid trails
• Traffic signs, signals and lane markings
• Road defects, gravel, oil, water or construction conditions
• Lighting, visibility and weather conditions
• Your visible injuries
• Damage to your helmet and riding equipment
• Nearby businesses, homes or traffic cameras

Take wide photographs showing the overall roadway and close-up photographs showing specific details. Preserve the original files without filtering, cropping or editing them.

Write down what happened

As soon as you can, record:

• The date, time and exact location
• Your direction and lane of travel
• The other vehicle’s movements
• Traffic and weather conditions
• Any turn signals or brake lights you observed
• Statements made by drivers or witnesses
• The arrival time of police and emergency responders

Keep the account factual. Do not estimate speed or distance unless you genuinely know the answer.

6. Notify Your Insurance Company

Review your motorcycle insurance policy and report the collision within the time and manner the policy requires.

Provide basic facts such as:

• The crash date and time
• The location
• The vehicles involved
• The police-report number
• Whether injuries occurred
• The motorcycle’s location

Do not guess about fault, speed, distances, medical diagnoses or how long recovery will take. It is reasonable to say that the crash remains under investigation or that your medical evaluation is continuing.

Use caution with a recorded statement

Your own insurer may require reasonable cooperation under the policy. A request from another driver’s liability insurer is different.

Before giving a recorded statement, ask:

• Which company is requesting it?
• Whom does the company insure?
• Whether the statement is required by your policy
• How the recording will be used
• Whether you will receive a copy or transcript

Always be truthful, but do not speculate. Statements concerning your own conduct may become particularly important when an insurer alleges that you contributed to the crash.

What if the other driver fled or never hit the motorcycle?

Report a hit-and-run or unidentified-vehicle crash promptly to law enforcement and your insurer. Virginia uninsured-motorist rules contain specific reporting provisions for certain crashes involving an unknown driver, including some no-contact incidents.

7. Preserve the Motorcycle, Helmet and Riding Equipment

A motorcycle, helmet and protective equipment may contain physical evidence concerning the point of impact, direction of force and severity of the collision.

Preserve:

• The motorcycle before major repair or disposal
• The helmet
• Jacket, trousers, boots and gloves
• Torn, cut or bloodstained clothing
• Damaged luggage and accessories
• Phone, GPS or mounted-camera recordings
• Towing and storage records
• Repair estimates and total-loss valuations
• Receipts for damaged personal property

Do not clean, repair, sell or dispose of potentially relevant items before they are photographed and, when appropriate, inspected.

Continue paying attention to towing and storage charges. Ask where the motorcycle is being held, how much is charged each day and what is required to retrieve or inspect it.

8. Consider Speaking With a Motorcycle Accident Lawyer

Not every property-damage claim requires legal representation. A consultation may be useful when:

• You suffered a serious or permanent injury.
• You required surgery or extensive rehabilitation.
• You may need future medical treatment.
• You cannot return to your previous work.
• The other driver disputes responsibility.
• You are accused of contributing to the collision.
• A commercial or government vehicle was involved.
• The other driver was uninsured or underinsured.
• Several vehicles or insurers are involved.
• The insurer denied the claim or made an early settlement offer.
• Important physical or electronic evidence may disappear.

Learn more about whether you need a personal injury lawyer.

A lawyer may:

• Investigate how the crash occurred
• Preserve the motorcycle and other physical evidence
• Obtain video and witness statements
• Identify potentially responsible parties
• Review liability, uninsured and underinsured motorist coverage
• Collect medical and income records
• Document past and future losses
• Respond to contributory-negligence allegations
• Communicate with insurance representatives
• File a lawsuit when appropriate

Hiring an attorney does not guarantee compensation or a particular settlement. Do not evaluate a claim solely by comparing it with an alleged average motorcycle accident settlement.

What Should You Avoid After a Motorcycle Accident?

• Do not leave the scene without completing your legal duties.
• Do not move an injured rider unnecessarily.
• Do not admit fault or speculate about the cause.
• Do not minimise symptoms when speaking with healthcare professionals.
• Do not exaggerate injuries or financial losses.
• Do not post detailed crash or recovery updates on social media.
• Do not repair or dispose of the motorcycle or helmet before documenting them.
• Do not accept a settlement before understanding the release.
• Do not ignore legal filing deadlines while negotiating with an insurer.

What Compensation May Be Available?

If another party is legally responsible, an injured rider may be able to seek compensation for accident-related losses supported by the evidence.

Potential damages may include:

• Emergency and hospital treatment
• Past medical expenses
• Reasonably anticipated future care
• Rehabilitation
• Lost income
• Reduced earning capacity
• Pain and inconvenience
• Permanent impairment
• Scarring or disfigurement
• Motorcycle and property damage
• Other legally recoverable losses

Compensation is not automatic. Liability, medical causation, Virginia’s contributory-negligence rule, insurance coverage and the available evidence may affect recovery.

How Long Do You Have to File a Virginia Motorcycle Accident Lawsuit?

Under Virginia Code § 8.01-243, a personal injury action generally must be filed within two years after the claim accrues.

Virginia generally provides five years for an action involving damage to property. Different deadlines, exceptions or notice rules may apply when a claim involves a minor, government defendant, death or another special circumstance.

An insurance investigation or settlement negotiation does not necessarily extend the filing deadline. Evidence may also disappear long before the statutory period expires.

Frequently Asked Questions

Do I have to call the police after a motorcycle accident in Virginia?

Virginia law requires immediate notice to law enforcement when a crash results in injury or death. Calling police is also advisable after a hit-and-run, substantial property damage, a blocked roadway or another dangerous condition.

Should I move my motorcycle after the crash?

Prioritise safety and follow law-enforcement or emergency-dispatch instructions. Do not place yourself in active traffic or attempt to move a motorcycle when your injuries make doing so unsafe.

Should I go to the hospital if I feel fine?

Obtain emergency care for danger signs and contact a healthcare professional after a significant collision, head impact or new symptoms. Some head-injury symptoms may appear hours or days later.

Should I remove my helmet after a crash?

Follow instructions from emergency responders. A possible head, neck or spinal injury requires caution, and an injured rider should not be moved or handled unnecessarily.

What information should I obtain from the other driver?

Obtain the driver’s name, address, driver’s licence number, vehicle registration information, insurance details and contact information. Also collect witness details and the police-report number.

Should I repair the motorcycle immediately?

Document the motorcycle thoroughly and consider whether an inspection is needed before major repairs or disposal. Continue monitoring towing and storage charges while preserving the evidence.

Can I recover after a hit-and-run motorcycle accident?

Uninsured-motorist coverage may apply depending on the policy, the facts and compliance with Virginia’s reporting requirements. Report the crash promptly to law enforcement and the insurer.

What if the insurer says I partly caused the crash?

Virginia’s contributory-negligence doctrine makes this a serious issue. The insurer’s allegation is not conclusive, but proof that the rider’s negligence contributed to the crash may prevent recovery.

Should I accept the first settlement offer?

Review the offer according to your treatment status, future medical needs, income loss, available coverage and the scope of the proposed release. An offer should not be accepted or rejected solely because it is the first one.

Does hiring a lawyer guarantee a better settlement?

No. A lawyer may help preserve evidence, investigate liability, identify insurance and document damages, but representation does not guarantee compensation or a higher settlement.

Discuss a Virginia Motorcycle Accident With Atkinson Law

Your health and immediate safety should remain the first priorities after a motorcycle crash. Once those needs have been addressed, preserve the available evidence and obtain accurate information about the insurance and legal process.

Atkinson Law can review the collision, injuries, motorcycle damage, available coverage and allegations concerning fault.

Contact Atkinson Law to request a free, no-obligation consultation about a Virginia motorcycle accident claim.

This page provides general medical and legal information. It is not a substitute for emergency care, diagnosis, treatment or individual legal advice. Call 911 when a person may have a medical emergency. Reading this page or contacting the firm does not create an attorney-client relationship.