Motorcycle accident
Motorcycle Accident Attorneys in Newport News, Virginia
The firms in this guide
- Cooper Hurley Injury Lawyers Call Cooper Hurley Injury Lawyers: (757) 333-3333
- Smith Law Center Call Smith Law Center: (757) 244-7000
- Hunter Law Firm Call Hunter Law Firm: (757) 825-0400
- Tom McGrath's Motorcycle Law Group (The Firm That Rides) Call Tom McGrath's Motorcycle Law Group (The Firm That Rides): (757) 595-7505
- Kalfus & Nachman PC Call Kalfus & Nachman PC: (855) 880-8163
1. Cooper Hurley Injury Lawyers
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, wrongful death, personal injury litigation, catastrophic injury claims, traumatic brain injuries, spinal cord injuries, road rash injuries
Case Types Handled: Left-turn motorcycle collisions, lane change accidents, rear-end collisions with motorcycles, hit-and-run motorcycle accidents, drunk driver vs. motorcycle accidents, distracted driver vs. motorcycle accidents, uninsured motorist motorcycle accidents, underinsured motorist motorcycle accidents, motorcycle passenger injury claims, wrongful death from motorcycle accidents
Legal Services: Negligence investigation, accident reconstruction, witness interviews, police report analysis, insurance claim negotiation, uninsured/underinsured motorist claims, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims, contributory negligence defense
Background: More than 120 years of combined experience in personal injury law. Firm has secured a $7 million motorcycle accident settlement. Successful litigation in jury trials in both federal and state courts. Recognition from Super Lawyers, Top 100 Trial Lawyers, Lawyers of Distinction, and Top Lawyers of Coastal Virginia. Firm exclusively handles personal injury claims.
Location: 750 McGuire Place Suite A, Newport News, VA 23601
Contact: (757) 333-3333 | https://cooperhurley.com/newport-news-injury/motorcycle-accident-lawyer/
Consultation: Free consultation available. Contingency fee arrangement (no fee unless case is won). Virtual consultation options available. Will meet at client’s home or hospital if needed.
2. Smith Law Center
Practice Focus: Motorcycle accidents, brain injury litigation, car accidents, truck accidents, personal injury, wrongful death, catastrophic injuries, head trauma cases, spinal cord injuries
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, intersection motorcycle accidents, highway motorcycle accidents, left-turn accidents, lane change accidents, drunk driver accidents, distracted driver accidents, uninsured motorist claims, underinsured motorist claims
Legal Services: Negligence investigation, insurance negotiations, court litigation, evidence preservation, police report analysis, medical record review, settlement negotiations, trial representation, wrongful death claims, contributory negligence defense, bad faith insurance claims
Background: Firm founder Stephen M. Smith has a unique background in neuroanatomical studies, providing specialized approach to brain injury cases. Firm has decades of experience in personal injury litigation in Virginia. Recognized for handling complex motorcycle accident cases with significant injuries.
Location: Newport News, Virginia (Hampton Roads area office)
Contact: (757) 244-7000 | https://www.smithlawcenter.com/practice-areas/newport-news-motorcycle-accident-lawyer
Consultation: Free case evaluation available. Contingency fee arrangement. Response within 1 hour during business hours. Available 24/7 by phone.
3. Hunter Law Firm
Practice Focus: Motorcycle accidents, personal injury, car accidents, truck accidents, wrongful death, catastrophic injuries, brain injuries, spinal cord injuries, road rash injuries, amputation injuries
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, left-turn accidents, lane change accidents, rear-end collisions, head-on collisions, single-vehicle motorcycle accidents, multi-vehicle motorcycle accidents, hit-and-run accidents, defective motorcycle claims
Legal Services: Accident investigation, accident reconstruction, witness interviews, evidence gathering, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, pain and suffering claims, wrongful death claims
Background: Firm serves Virginia motorcyclists throughout the Hampton Roads area, including Peninsula and Chesapeake Southside. Attorneys engage investigative specialists and accident reconstruction experts when needed. Firm has over 30 years of experience handling motorcycle accident claims.
Location: 12610 Patrick Henry Drive Suite B, Newport News, VA 23602
Contact: (757) 825-0400 | Fax: (757) 825-9389 | https://www.hunterlawfirm.com/practice-areas/personal-injury/motorcycle-accidents/
Consultation: Free consultation available. Contingency fee arrangement.
4. Tom McGrath’s Motorcycle Law Group (The Firm That Rides)
Practice Focus: Motorcycle accidents exclusively, personal injury for motorcycle riders, wrongful death from motorcycle crashes, catastrophic motorcycle injuries, traumatic brain injuries, spinal cord injuries, road rash injuries
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, left-turn accidents, rear-end motorcycle crashes, lane change accidents, intersection accidents, highway motorcycle accidents, hit-and-run motorcycle accidents, uninsured motorist claims, underinsured motorist claims
Legal Services: Motorcycle accident investigation, accident reconstruction, insurance claim negotiation, litigation, trial representation, settlement negotiations, expert witness coordination, medical lien resolution, property damage claims, wrongful death claims, contributory negligence defense
Background: Attorneys at the firm are motorcycle riders themselves, providing firsthand understanding of motorcycle operation and rider perspectives. Firm has represented injured riders since 1990 and maintains over 30 years of experience. The firm maintains up-to-date, annotated versions of Virginia motorcycle laws and statutes. Known as “The Firm That Rides” with attorneys who are active in motorcycle advocacy.
Location: 763 J Clyde Morris Blvd. Suite 1-D, Newport News, VA 23601
Contact: (757) 595-7505 | https://motorcyclelawgroup.com/locations/newport-news-va/
Consultation: Free consultation available. Contingency fee arrangement (no payment unless case is won).
5. Kalfus & Nachman PC
Practice Focus: Motorcycle accidents, personal injury, car accidents, truck accidents, wrongful death, catastrophic injuries, brain injuries, spinal cord injuries, premises liability
Case Types Handled: Left-turn motorcycle collisions, lane change accidents, rear-end collisions, head-on collisions, intersection accidents, highway motorcycle accidents, drunk driver accidents, distracted driver accidents, uninsured motorist claims, underinsured motorist claims, hit-and-run accidents
Legal Services: Negligence investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims, contributory negligence defense
Background: Acknowledged by Law Tigers as a premier authority in motorcycle accident claims in Virginia. Law Tigers is a nationwide network of law firms dedicated to protecting motorcyclists’ rights. Firm has extensive experience handling motorcycle accident cases throughout the Hampton Roads region.
Location: Newport News, Virginia (Hampton Roads area)
Contact: (855) 880-8163 | https://www.kalfusnachman.com/locations/newport-news-personal-injury/motorcycle-accidents/
Consultation: Free consultation available. Contingency fee arrangement.
Helmet Rules, Commonwealth Claims and Wrongful Death Damages for Newport News Motorcycle Crashes
A Newport News motorcycle crash claim can raise Virginia’s helmet and eye protection statute and its exceptions, the notice and limits for a claim against the Commonwealth, and what a family recovers and who shares it when a rider dies.
Helmets, Eye Protection and Exceptions
Under Virginia Code 46.2-910(A), operators and passengers must wear protective helmets meeting Snell Memorial Foundation, ANSI or federal Department of Transportation standards, and operators must wear a face shield, safety glasses or goggles or have safety glass or a windshield. The helmet requirement does not apply on motorcycles with wheels of eight inches or less, on enclosed three-wheelers or autocycles, or in an authorized, law-enforcement-escorted parade at no more than 15 miles per hour, and a failure to wear the equipment is not negligence per se in any civil proceeding.
Claims Against the Commonwealth
Under Virginia Code 8.01-195.3, the Commonwealth is liable for injury caused by an employee’s negligence within the scope of employment as a private person would be, without prejudgment interest or punitive damages, and recovery is limited to $100,000 for claims accruing on or after July 1, 1993, or the limits of any applicable liability policy, whichever is greater. Under 8.01-195.6(A), a written statement of the claim, with the time, place and agency, must be filed within one year after accrual, unless the listed officials had actual knowledge of the claim within that year.
Wrongful Death Damages
Under Virginia Code 8.01-52, damages in a death action may include sorrow, mental anguish and solace, the reasonably expected loss of the decedent’s income and services, care and treatment expenses, reasonable funeral expenses, and punitive damages for willful or wanton conduct or recklessness showing conscious disregard for others’ safety.
Who Shares the Recovery
Under Virginia Code 8.01-53(A), the award goes to the surviving spouse, children and children of any deceased child, with parents included if, within 12 months before the death, they regularly received support or services from the decedent for necessaries; if there is no spouse, child or grandchild, to the parents, siblings and dependent relatives in the same household.
Newport News Motorcycle Accident Questions
How does the rider’s own fault affect the claim?
It can defeat the claim entirely. The Supreme Court of Virginia, in O’Neill v. Windshire-Copeland Associates (2004), answered in the affirmative whether a plaintiff’s contributory negligence is available to the defendant as a complete defense, and held the defense available even when the defendant’s code violation was negligence per se. Ask counsel how the other driver’s account of the crash bears on it.
How long do I have to sue?
Two years after the cause of action accrues for personal injury under Virginia Code 8.01-243(A), and two years after the death for a wrongful death action under 8.01-244(B). A negligence claim against the City of Newport News needs earlier notice than one against the Commonwealth: under Virginia Code 15.2-209, a written statement with the time and place of the injury goes to the city attorney, chief executive or mayor within six months after accrual, unless one of them or the city’s insurer had actual knowledge of the claim in that period.
Does my policy cover an uninsured driver?
Yes. Under Virginia Code 38.2-2206(A), a motor vehicle liability policy must include uninsured and underinsured motorist coverage, at limits equal to the liability limits unless a named insured rejects the additional coverage above the 46.2-472 minimums.
What must a driver who hits a rider do?
Under Virginia Code 46.2-894, stop as close to the scene as possible, report name, address, driver’s license number and vehicle registration number to the police and to the injured person, and render reasonable assistance; a violation is a Class 5 felony when the accident causes injury or death.