If you were hurt in a motorcycle crash in Virginia Beach that wasn't your fault, the insurance company is already building a case that you were reckless. I'm Scott Barney, and for over 20 years I've represented Hampton Roads riders against that bias, proving what really happened and pursuing every dollar your injuries are worth, on a no-win, no-fee basis.
The 'Reckless Biker' Bias in Virginia
From the moment a motorcycle crash happens, a narrative starts building against the rider. Police officers, witnesses, and especially insurance adjusters often assume that because you were on a bike, you must have been speeding, weaving, or taking risks. This bias is unfair, but in Virginia, it is exceptionally dangerous.
Virginia is one of only five states that still uses pure contributory negligence. If the insurance company can convince a jury that you were even 1% at fault for the crash, you recover absolutely nothing. They will point to your speed, your lane position, or your braking distance, looking for any excuse to assign you a fraction of the blame and close the claim.
Beating that bias takes more than your word against theirs. It takes early scene investigation, skid mark analysis, and witness interviews before memories fade. It is why you should never give a recorded statement to the other driver's insurance company without a lawyer.
Virginia Motorcycle Laws and Your Claim
Virginia law places specific requirements on riders, and insurers will check if you followed them. Under Va. Code § 46.2-910, every rider and passenger must wear a protective helmet that meets safety standards. If you were not wearing one, the defense will argue that your head or neck injuries are your own fault.
However, failing to wear a helmet does not automatically make you at fault for the crash itself. If a driver turned left across your right-of-way, their negligence caused the collision. The helmet issue only affects the damages related to head injuries, not broken bones or road rash.
Lane splitting—riding between lanes of slow or stopped traffic—is illegal in Virginia. If you were lane splitting when the crash occurred, the insurer will almost certainly use it to claim you were contributorily negligent. Understanding how these specific statutes apply to your case is the first step in building a defense against the 1% rule.
Catastrophic Injuries and Medical Specials
Motorcycle crashes do not cause fender-bender injuries. The lack of protection means riders absorb the full force of the impact and the road. We routinely see traumatic brain injuries, spinal cord damage, shattered limbs requiring surgical repair, and severe road rash that leads to permanent scarring or infection.
The total cost of your medical care—past, present, and future—is the foundation of your case value. These are your 'medical specials.' A case involving multiple surgeries and a year of physical therapy is fundamentally different from one involving a broken arm that heals cleanly.
This is why you must finish your treatment before settling. If you accept a quick check from the insurer and later discover you need another surgery, you cannot reopen the claim. I work with medical experts and life care planners to project exactly what your injury will cost you for the rest of your life, ensuring no dollar is left on the table.
Uninsured and Underinsured Motorist Coverage
Virginia requires every auto policy to include uninsured (UM) and underinsured (UIM) motorist coverage under Va. Code § 38.2-2206. This is often the most important coverage in a motorcycle case. Because motorcycle injuries are so severe, the at-fault driver's liability limits are frequently not enough to cover the bills.
If the driver who hit you only carries the Virginia state minimum ($30,000 for injury), that limit might not even cover your first week in the hospital. In that scenario, we look to your own motorcycle policy's UIM coverage to pay the difference.
UM coverage also applies if you are run off the road by a 'phantom vehicle'—a driver who causes a crash and flees the scene. As long as the incident is reported to the police promptly, your own policy steps in to act as the insurance the hit-and-run driver should have had.
Cases I Handle
Every kind of Virginia Beach motorcycle crash
How I Help
What I do for you
Counter the bias
I get ahead of the 'reckless biker' narrative with scene evidence, witness accounts, and reconstruction before the insurer locks it in.
Document severe injuries
Motorcycle injuries run deep: road rash, fractures, head and spine trauma. I make sure the record reflects every one.
Handle the insurers
All communication goes through me, so a quick recorded statement never gets used to cut your claim.
Negotiate or try it
I push for full value. If they won't be fair, I'm ready to take it to a Virginia Beach jury.
What You May Recover
Compensation in a Virginia motorcycle claim
- Emergency care, surgery, and long-term rehabilitation
- Lost wages and reduced earning capacity
- Replacement or repair of your motorcycle and gear
- Pain, suffering, and permanent scarring or disfigurement
- Future medical costs for lasting injuries
Recent Results
Outcomes for clients
Case results depend upon a variety of factors unique to each case. Past results do not guarantee, warrant, or predict a similar outcome in any future case.
From the Blog
More on motorcycle accidents cases
Motorcycle Accidents FAQ
Questions I hear most
Related Practice Areas
Serving Hampton Roads
Hurt and not sure what to do? Let's talk today.
Free, confidential, and no obligation. You owe me nothing unless I win your case.