What to Do in the Moments After a Motorcycle Accident in Virginia

A motorcycle accident can happen in a fraction of a second, but what happens in the minutes and hours that follow can shape a rider’s legal and financial recovery for months or years. Hampton Roads roads — from Interstate 64 and Military Highway to the beachfront corridors of Virginia Beach — see serious motorcycle crashes throughout the riding season, and knowing what to do in the immediate aftermath can make a meaningful difference.

Prioritize Your Safety and Call for Help

The first priority after any crash is getting to safety and calling 911. If you are able to move without worsening a potential spinal injury, get out of the travel lane and away from oncoming traffic. Do not remove your helmet unless you are trained to do so, as improper removal can worsen a neck or spinal injury. Let emergency responders make that determination when they arrive.

Even if you feel relatively uninjured at the scene, accepting a medical evaluation can be important. Adrenaline may mask serious injuries, and some conditions are not immediately apparent after a crash. Prompt medical care also creates documentation of your injuries and supports your ongoing treatment.

Document the Scene

While waiting for police to arrive, document everything you safely can. Photographs of your motorcycle, the other vehicle, the road surface, skid marks, debris, and the surrounding area can be powerful evidence later. The positions of the vehicles before they are moved, damage patterns, and roadway conditions may all help investigators understand how the crash occurred.

Collect the other driver’s name, contact information, license plate, and insurance information. Ask responding officers for the incident report number so you can obtain a copy once it is filed. If any bystanders witnessed the crash, ask for their contact information as well — neutral witness accounts can be particularly persuasive in disputes about fault.

Be Careful What You Say

In the immediate aftermath of a crash, it is natural to want to apologize or minimize the situation. Resist that impulse. Statements made at the scene — even casual ones like “I didn’t see you” or “I’m fine” — can be used by insurance companies to reduce or deny a claim. Provide your information to law enforcement and the other driver, but avoid making detailed statements about how the crash happened until you have had an opportunity to speak with an attorney.

The other driver’s insurance company may contact you quickly, sometimes within hours. Before providing detailed statements, it may be helpful to understand your rights and the claims process. Virginia’s contributory negligence rule can significantly affect motorcycle accident claims, making the specific facts surrounding a crash especially important.

Understand Virginia’s Motorcycle Laws and Their Role in Your Claim

Virginia law requires motorcycle operators to wear helmets and motorcycles to meet certain safety requirements. Depending on the circumstances of a crash, compliance with these laws may become part of the claims process. An attorney can help explain how Virginia law applies to your specific situation.

Seek Legal Guidance Early

The evidence that matters most in a motorcycle accident case — physical evidence at the scene, surveillance footage from nearby businesses, the other driver’s black box data — can disappear within days of a crash. An experienced motorcycle accident attorney can move quickly to identify and preserve that evidence, and can guide you through the insurance process in a way that protects your right to a full and fair recovery.

If you or a loved one was injured in a motorcycle crash in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or anywhere in Hampton Roads, Breit Law is here to help. With more than 47 years of trial experience, William Breit has represented injured riders and their families throughout Hampton Roads. Contact us today to discuss your situation.

Map of the Hampton Roads region, where Breit Law represents injured motorcycle accident victims.