Motorcycle accident
Motorcycle Accident Attorneys in Chesapeake, Virginia
The firms in this guide
- Rutter Mills LLP Call Rutter Mills LLP: (757) 777-7777
- Cooper Hurley Injury Lawyers Call Cooper Hurley Injury Lawyers: (757) 333-3333
- Montagna Law Call Montagna Law: (757) 622-8100
- Hunter Law Firm Call Hunter Law Firm: (757) 393-1110
- Tronfeld West & Durrett Call Tronfeld West & Durrett: (800) 321-6741
1. Rutter Mills LLP
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, maritime law, workers’ compensation, catastrophic injuries
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, hit-and-run motorcycle accidents, rear-end collisions with motorcycles, intersection accidents, highway accidents, wrongful death from motorcycle accidents, traumatic brain injuries, spinal cord injuries, uninsured motorist claims, underinsured motorist claims
Legal Services: Negligence investigation, accident reconstruction, evidence gathering, insurance claim negotiation, uninsured/underinsured motorist claims, litigation, trial representation, settlement negotiations, medical bill management, lost wage recovery, pain and suffering claims, wrongful death claims, property damage claims
Background: Established law firm with over 65 years of combined experience serving Hampton Roads. The firm employs multiple attorneys dedicated to personal injury and motorcycle accident cases. Some attorneys previously worked for insurance companies, providing insight into defense tactics. The firm handles cases on a contingency fee basis with no fee unless they win.
Location: 160 W Brambleton Ave, Norfolk, VA 23510 (serving Chesapeake and all of Hampton Roads)
Contact: (757) 777-7777 | [email protected] | https://www.ruttermills.com
Consultation: Free consultation available, 24/7 availability, contingency fee arrangement (no fee unless case is won)
2. Cooper Hurley Injury Lawyers
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, pedestrian accidents, slip and fall, bicycle accidents, catastrophic injuries
Case Types Handled: Motorcycle accidents, motorcycle vs. car collisions, left-turn accidents, lane change accidents, rear-end collisions, hit-and-run accidents, wrongful death from motorcycle crashes, traumatic brain injuries, spinal cord injuries, amputation injuries, road rash injuries
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, lost wage recovery, pain and suffering claims, wrongful death claims
Background: The firm has over 30 years of experience through founding partner John M. Cooper. Attorneys Griffin O’Hanlon and John Baker secured a $7 million settlement for a motorcycle accident victim who suffered a traumatic amputation. The firm has been recognized by Super Lawyers and Top 100 Trial Lawyers. Works on contingency fee basis.
Location: 512 Albemarle Dr #102, Chesapeake, VA 23322
Contact: (757) 333-3333 | https://cooperhurley.com
Consultation: Free consultation available, home and hospital visits offered, contingency fee arrangement
3. Montagna Law
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, boat accidents, traumatic brain injuries, medical malpractice, offshore injuries, Jones Act claims, family law, social security disability
Case Types Handled: Motorcycle accidents, motorcycle vs. car collisions, motorcycle vs. truck collisions, intersection accidents, highway accidents, wrongful death from motorcycle accidents, traumatic brain injuries, spinal cord injuries, road rash injuries, broken bones, internal organ damage
Legal Services: Negligence investigation, accident reconstruction, evidence gathering, insurance claim negotiation, uninsured/underinsured motorist claims, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, wrongful death claims, contributory negligence defense
Background: Jon Montagna has been practicing law since 2000. The firm was founded by Charles Montagna, who practiced for over 58 years. The firm has offices in Norfolk, Virginia Beach, and Newport News serving Chesapeake and the Hampton Roads area. Lance Jackson focuses on serious injury cases including motorcycle accidents. Contingency fee basis with no upfront legal fees.
Location: 425 Monticello Avenue, Norfolk, VA 23510 (serving Chesapeake)
Contact: (757) 622-8100 | https://www.montagnalaw.com
Consultation: Free consultation and case evaluation available, contingency fee arrangement
4. Hunter Law Firm
Practice Focus: Motorcycle accidents, personal injury, auto accidents, truck accidents, wrongful death, workers’ compensation, brain injuries, catastrophic injuries, slip and fall, boating accidents, medical malpractice
Case Types Handled: Motorcycle accidents, motorcycle vs. car collisions, motorcycle vs. truck collisions, hit-and-run accidents, wrongful death from motorcycle crashes, traumatic brain injuries, spinal cord injuries, fractured limbs, amputations, disfigurement, internal bleeding, organ damage
Legal Services: Negligence investigation, accident reconstruction, expert witness engagement, evidence gathering, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, wrongful death claims, product liability investigation
Background: Founded in 1986 by attorney Thomas Hunter, who is a motorcycle riding enthusiast himself. The firm employs investigative specialists and accident reconstruction experts when needed. The firm understands the unique challenges motorcyclists face due to jury prejudices and Virginia’s contributory negligence law.
Location: 3800 Poplar Hill Road, Suite G, Chesapeake, VA 23321
Contact: (757) 393-1110 | (757) 825-0400 | https://www.hunterlawfirm.com
Consultation: Free consultation available
5. Tronfeld West & Durrett
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, catastrophic injuries, traumatic brain injuries, medical malpractice, product liability, premises liability, pedestrian accidents
Case Types Handled: Motorcycle accidents, motorcycle vs. car collisions, motorcycle vs. truck collisions, rear-end collisions, intersection accidents, wrongful death from motorcycle crashes, traumatic brain injuries, spinal cord injuries, road rash, broken bones, internal organ damage
Legal Services: Accident investigation, evidence gathering, legal strategy development, damage calculation, insurance negotiation, deadline monitoring, settlement negotiations, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, wrongful death claims
Background: Jay Tronfeld is the founding shareholder, representing thousands of victims since 1972 in both Federal and State Courts throughout Virginia. The firm has over 50 years of experience and has secured multi-million dollar settlements including a $19.45 million verdict for a car accident and a $6.5 million settlement for a motor vehicle accident. Recognized as a Virginia Super Lawyer.
Location: 4020 West Broad St, Richmond, VA 23230 (serving Chesapeake and all of Virginia)
Contact: (800) 321-6741 | https://twdinjurylaw.com
Consultation: Free consultation and case evaluation available, contingency fee arrangement (no fee unless case is won)
Helmet and Eye Protection Rules, Insurance Minimums and Punitive Damages for Chesapeake Motorcycle Crashes
A Chesapeake motorcycle crash claim starts with Virginia’s helmet and eye protection statute and how a violation is treated in court. Virginia law also sets the liability minimums, what uninsured and underinsured motorist coverage must include, and the total cap on punitive damages.
Helmets and Eye Protection
Under Virginia Code 46.2-910(A), every motorcycle or autocycle operator must wear a face shield, safety glasses or goggles, or have safety glass or a windshield, and operators and passengers must wear protective helmets meeting Snell Memorial Foundation, ANSI or federal Department of Transportation standards. Helmets are not required on motorcycles with wheels of eight inches or less, on enclosed three-wheelers or autocycles, or in authorized parades at no more than 15 miles per hour. Failure to wear a face shield, safety glasses, goggles or a protective helmet is not negligence per se in any civil proceeding.
Liability Minimums
Under Virginia Code 46.2-472(B), owner’s policies effective on or after January 1, 2025 must carry at least $50,000 for bodily injury to or death of one person, $100,000 for two or more persons and $25,000 for property damage in one accident. Policies effective from January 1, 2022 to before January 1, 2025 carried $30,000, $60,000 and $20,000 under 46.2-472(A).
Uninsured and Underinsured Motorist Coverage
Under Virginia Code 38.2-2206(A), a motor vehicle liability policy must include uninsured motorist coverage at least equal to the 46.2-472 minimums, and equal to the policy’s liability limits unless any one named insured rejects the additional coverage. The endorsement must also provide underinsured motorist coverage at the same limits, paid without credit for the at-fault driver’s liability coverage unless the named insured elects otherwise.
Punitive Damages
Under Virginia Code 8.01-38.1, the total punitive damages against all defendants may not exceed $350,000 in any action accruing on or after July 1, 1988. The jury is not told of the limit, and the judge reduces any larger verdict.
Chesapeake Motorcycle Accident Questions
What if the rider was partly at fault?
The rider’s own negligence can bar the claim. In O’Neill v. Windshire-Copeland Associates (2004), the Supreme Court of Virginia answered in the affirmative a certified question asking whether a plaintiff’s contributory negligence is available to the defendant as a complete defense, even where the defendant’s code violation was negligence per se. A helmet violation is a separate question: under 46.2-910(A) it is not negligence per se in a civil proceeding. Ask counsel how the defense fits the facts of the crash.
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), five years for injury to property under 8.01-243(B), and two years after the death for a wrongful death action by the personal representative under 8.01-244(B). If a City of Chesapeake vehicle hit the rider, Virginia Code 15.2-209 requires a written statement of the negligence claim, with the time and place of the injury, filed with 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 within that time.
Does a helmet violation bar my claim?
No, not by itself. Virginia Code 46.2-910(A) provides that failure to wear a face shield, safety glasses or goggles, or a protective helmet is not negligence per se in any civil proceeding.
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, including taking the person to a physician or hospital when treatment is apparently necessary or requested. A violation is a Class 5 felony when the accident causes injury or death.