Motorcycle accidents can be devastating. Unlike car drivers, motorcyclists have little protection in a crash, which often leads to more severe injuries and longer recovery times.
If you’ve been in a motorcycle accident, knowing what to do in the aftermath can make a big difference in protecting your health, your rights, and your ability to recover compensation.
At the Parrish Law Firm, we understand how overwhelming life can feel after a motorcycle accident. That’s why our motorcycle accident lawyers in Virginia are here—to make everything easier for you by guiding you through the legal process, handling the paperwork, and fighting for the compensation you deserve.
This step-by-step guide will help you understand what to do immediately after a motorcycle accident and how to protect your legal rights.
What Are the Specific Dangers for Motorcyclists After an Accident in Virginia?
Motorcyclists face unique risks on the road and after an accident. While car drivers have the protection of seat belts, airbags, and a metal frame, motorcyclists are exposed to the full impact of a collision. That’s why motorcycle accidents tend to cause more severe injuries, even at lower speeds.
Some of the specific dangers motorcyclists face include:
- Severe or Life–Threatening Injuries
Motorcyclists are more likely to suffer:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal bleeding
- Severe road rash
- Being Thrown From the Motorcycle
Unlike car passengers who are restrained by seat belts, motorcyclists are often thrown from their bike during a crash, leading to additional injuries from hitting the road or other objects. - Being Blamed for the Accident
Motorcyclists are often unfairly blamed for crashes. Some drivers and insurance companies assume that motorcyclists are reckless—even when the accident wasn’t their fault. - Delayed Medical Attention
In some cases, motorcyclists are left unconscious or too injured to call for help. This delay in treatment can worsen injuries and increase recovery time.
These factors make it essential to take immediate action after a motorcycle accident. Knowing what to do in those critical moments can protect your health and strengthen your case.
How Can I Protect Myself at the Accident Scene?
If you’ve been in a motorcycle accident, your first priority is your safety. Taking the right steps at the scene can protect both your health and your legal rights.
1. Get to Safety
If you’re able to move, try to get yourself and your motorcycle out of the roadway to avoid further collisions. If you’re unable to move, try to signal to other drivers to slow down and approach with caution.
2. Call 911 Immediately
Even if your injuries seem minor, call 911 and request both police and medical assistance. Some injuries, like head trauma or internal bleeding, may not be immediately noticeable but could become life-threatening if left untreated.
3. Don’t Remove Your Helmet or Gear
If you were wearing a helmet or protective gear, leave it on unless a medical professional tells you to remove it. Removing your helmet too soon could make neck or spinal injuries worse.
4. Keep Communication Simple
When speaking to the police or other drivers, stick to the facts. Don’t apologize or admit fault—it could be used against you later. Let the police and your lawyer determine fault based on the evidence.
5. Exchange Information
If you’re able to, exchange the following information with the other driver(s) involved in the crash:
- Full name and contact information
- Driver’s license number
- Vehicle make, model, and registration
- Insurance company and policy number
If the driver refuses to cooperate, the police report will help identify them later.
What Kind of Evidence Is Crucial in a Motorcycle Accident?
Strong evidence is the foundation of a successful motorcycle accident claim. The more information you can gather at the scene, the better your chances of proving fault and securing compensation.
1. Photos and Videos
Use your phone to capture as much evidence as possible, including:
- The position of your motorcycle and the other vehicle(s) involved
- Damage to your motorcycle and the other vehicle(s)
- Skid marks, debris, and road conditions
- Any injuries you sustained
- Weather and lighting conditions
2. Witness Statements
If anyone witnessed the accident, ask for their contact information and a brief statement of what they saw. Their testimony could be valuable when establishing fault.
3. Police Report
When the police arrive, make sure they file an official accident report. The police report will include key details like:
- Time and location of the accident
- Statements from drivers and witnesses
- Any traffic law violations
4. Medical Records
If you seek medical attention (and you should), keep detailed records of your diagnosis, treatments, and medical expenses. This helps link your injuries to the accident and strengthens your compensation claim.
5. Helmet and Gear
If your helmet, jacket, or other gear was damaged in the crash, keep it. These items can serve as evidence of the impact and the severity of the accident.
Should I Move My Motorcycle After the Accident?
Whether you should move your motorcycle after a crash depends on the situation:
- If it’s safe and you are physically able, you can move your motorcycle out of the roadway to prevent further accidents.
- If you’re injured or the motorcycle is blocking traffic, leave it where it is and wait for the police to arrive.
- Document the scene before moving your motorcycle. Take pictures of its position in relation to the other vehicle(s) and any road markings.
If you’re unsure whether to move your motorcycle, it’s best to wait for the police and follow their instructions.
What If I Wasn’t Wearing a Helmet?
In Virginia, motorcyclists are required to wear a helmet while riding. However, not wearing a helmet does not automatically mean you can’t recover compensation.
1. Fault Still Matters
If the other driver was at fault, they are still responsible for the accident, even if you weren’t wearing a helmet.
2. Helmet Laws and Injury Claims
If you suffered a head injury and weren’t wearing a helmet, the insurance company may argue that your injuries were partially your fault. However, this doesn’t apply to other injuries (like broken bones or spinal injuries), which means you may still be entitled to compensation.
3. A Lawyer Can Protect Your Rights
If you weren’t wearing a helmet, having a lawyer on your side is even more important. An attorney can push back against unfair blame and make sure you receive the compensation you deserve.
Contact the Parrish Law Firm for a FREE Motorcycle Accident Consultation
At the Parrish Law Firm, we know how devastating a motorcycle accident can be. Medical bills, lost wages, and the stress of dealing with insurance companies can take a toll on you and your family. That’s why we’re here—to make everything easier for you by handling the legal process so you can focus on recovering.
Why Choose Us?
- FREE Case Review – We will listen to your story and explain your legal options at no cost to you.
- No Upfront Fees – You don’t pay anything unless we win your case.
- We Handle Everything – From gathering evidence to negotiating with insurance companies, we take care of the hard part so you can focus on healing.
Don’t Wait to Get the Help You Need
Motorcycle accident claims have strict deadlines in Virginia. The sooner you contact us, the stronger your case will be. Don’t let the insurance company take advantage of you.
Call the Parrish Law Firm today for a FREE motorcycle accident case review. Your recovery starts with one simple step. Let us help you move forward.
Call or Text 571-229-1800 or Complete a Free Case Evaluation form