What to do after a motorcycle accident in Hampton Roads

Short answer: Get medical care first, then document everything at the scene before you leave. Be careful what you say, insurers and even police often assume the rider was at fault. Don't accept an early settlement offer, and talk to an attorney who knows how to counter biker-bias before you give a recorded statement.
Motorcycle accidents in Hampton Roads carry a problem car accidents don't: bias. Insurance adjusters, and sometimes even the responding officer, often assume the rider was speeding, weaving, or otherwise reckless before they know a single fact about the crash. Protecting your case starts with understanding that bias exists, then refusing to let it define what happened.
Get medical attention immediately
Motorcycle crashes produce injuries car accidents rarely do, road rash, fractures, and serious trauma even in low-speed collisions, because riders have none of a car's protection. Get evaluated at the scene or within 24 hours even if you think you walked away fine. This protects your health and creates the medical record insurers will look for.
Document everything before you leave
Photograph your bike's damage, the other vehicle, the road surface, skid marks, and the surrounding scene from multiple angles. Get the other driver's insurance information and contact details for any witnesses. In Hampton Roads, a lot of rider-versus-car crashes happen at intersections where the driver claims they never saw the motorcycle, witness accounts and scene photos are often what settle that dispute.
Watch what you say, to everyone
Because bikers already face assumptions of recklessness, be especially careful not to hand the other side ammunition. Don't say "I'm sorry" or speculate about speed or what you could have done differently, even to be polite. Virginia's pure contributory negligence rule means if the insurer can point to anything you said as evidence you were even slightly at fault, it can be used to deny your entire claim, not just reduce it.
Decline a recorded statement to the other driver's insurance company until you've spoken with an attorney. Adjusters handling motorcycle claims are often trained to ask questions that play into the same biker-bias they already carry into the case.
Don't accept the first offer
Insurers frequently lowball motorcycle claims specifically because they're banking on the bias working in their favor, assuming a jury or adjuster will discount a rider's credibility. An early offer is almost never close to the real value of a serious motorcycle injury. Get an independent evaluation before you sign or cash anything.
Get an attorney who rides for you, not against you
The single biggest factor in a motorcycle case is countering the assumption before it takes hold, with the police report, witness statements, scene evidence, and sometimes accident reconstruction. I've spent 20+ years proving what actually happened for Hampton Roads riders, and I don't let an insurance company's bias decide your case for you.
This article is general information about Virginia law, not legal advice, and does not create an attorney-client relationship. Deadlines and exceptions depend on your specific facts, consult a licensed attorney about your situation.

