Motorcycle accident
Motorcycle Accident Attorneys in Norfolk, Virginia
The firms in this guide
1. Rutter Mills
Practice Focus: Motorcycle accidents, car accidents, truck accidents, wrongful death, catastrophic injury claims, personal injury litigation
Case Types Handled: Left-turn motorcycle collisions, rear-end motorcycle accidents, intersection crashes, highway motorcycle accidents, drunk driver collisions, distracted driver accidents, uninsured motorist claims, underinsured motorist claims, wrongful death motorcycle cases
Legal Services: Free case evaluation, accident investigation, evidence preservation, insurance claim negotiation, personal injury litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering compensation
Background: Rutter Mills has served Virginia injury victims for over 60 years. The firm has recovered substantial settlements for motorcycle accident victims, including a $750,000 settlement for a motorcycle crash case. The attorneys are licensed to practice in Virginia state and federal courts.
Location: 160 W Brambleton Ave, Norfolk, VA 23510
Contact: (757) 622-5000 | https://www.ruttermills.com
Consultation: Free initial consultation, contingency fee basis (no fee unless recovery obtained)
2. The Serpe Firm
Practice Focus: Motorcycle accident injuries, personal injury claims, catastrophic injuries, traumatic brain injuries from motorcycle crashes, spinal cord injuries, wrongful death
Case Types Handled: Motorcycle collisions caused by negligent drivers, left-turn accidents, intersection crashes, highway motorcycle accidents, drunk driver accidents, distracted driver crashes, hit-and-run motorcycle accidents
Legal Services: Accident investigation, police report analysis, witness interviews, insurance negotiation, personal injury litigation, trial representation, medical lien resolution, lost wage recovery, pain and suffering claims
Background: Attorney Richard Serpe has over 37 years of experience representing injury victims in Norfolk and throughout Virginia. The firm has a track record of obtaining favorable jury verdicts and settlements for motorcycle accident clients.
Location: 1001 Boulders Pkwy Suite 300, Richmond, VA 23225 (serves Norfolk area)
Contact: (757) 233-0009 | https://serpefirm.com
Consultation: Free consultation, contingency fee arrangement
3. Kalfus & Nachman PC
Practice Focus: Motorcycle accidents, personal injury, wrongful death, catastrophic injuries, automobile accidents, truck accidents
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck accidents, left-turn accidents, lane change collisions, rear-end motorcycle crashes, drunk driver accidents, hit-and-run cases, uninsured/underinsured motorist claims
Legal Services: Free case evaluation, accident scene investigation, evidence collection, insurance claim filing, settlement negotiation, trial litigation, medical expense recovery, lost income claims, pain and suffering damages
Background: Kalfus & Nachman PC is associated with Law Tigers, a nationwide network of motorcycle accident attorneys. The firm has represented motorcycle accident victims throughout the Hampton Roads region and maintains relationships with medical specialists who treat motorcycle injuries.
Location: 870 N Military Hwy #300, Norfolk, VA 23502
Contact: (757) 461-3303 | https://www.kalfusnachman.com
Consultation: Free consultation, contingency fee (no recovery, no fee)
4. Whitlock Law, LLC
Practice Focus: Motorcycle accidents, vehicle accident claims, personal injury, contributory negligence defense
Case Types Handled: Motorcycle collisions, car vs. motorcycle accidents, truck vs. motorcycle crashes, intersection accidents, highway crashes, wrongful death cases
Legal Services: Case evaluation, accident investigation, defense against contributory negligence claims, insurance negotiation, settlement representation, trial litigation, damages recovery
Background: Whitlock Law, LLC handles motorcycle accident claims throughout Virginia, with particular experience in defending against contributory negligence accusations that can bar recovery in Virginia. The firm understands the unique challenges faced by motorcycle accident victims under Virginia law.
Location: 4401 Starkey Rd Suite B, Roanoke, VA 24018 (serves Norfolk area)
Contact: (703) 576-5005 | https://www.whitlocklawllc.com
Consultation: Free consultation available
5. Atkinson Law
Practice Focus: Motorcycle accidents, personal injury, catastrophic injuries, wrongful death, motor vehicle accidents
Case Types Handled: Motorcycle collisions, left-turn accidents, intersection crashes, highway accidents, drunk driver collisions, distracted driving accidents, uninsured motorist claims
Legal Services: Accident investigation, evidence gathering, insurance claim handling, settlement negotiation, trial representation, medical expense recovery, lost wage claims, pain and suffering compensation
Background: Atkinson Law serves motorcycle accident victims throughout Virginia, including the Norfolk area. The firm handles personal injury claims from investigation through trial.
Location: Virginia Beach, VA (serves Norfolk area)
Contact: (757) 216-2499 | https://www.atkinsonlawva.com
Consultation: Free consultation, contingency fee arrangement
Helmet Rules, Hit-and-Run Penalties and Commonwealth Claims for Norfolk Motorcycle Crashes
A Norfolk motorcycle crash claim can raise Virginia’s helmet and eye protection statute and its exceptions, the duties and felony penalties for a driver who leaves the scene, and the notice and limits for a claim against the Commonwealth. A separate rule addresses claims of injured minors.
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. Helmets are not required on motorcycles with wheels of eight inches or less or on enclosed three-wheelers or autocycles, and failure to wear a face shield, safety glasses, goggles or a protective helmet is not negligence per se in any civil proceeding.
A Driver Who Leaves
Under Virginia Code 46.2-894, the driver of a vehicle in an accident causing death, injury or damage to attended property must stop as close to the scene as possible, report name, address, driver’s license number and vehicle registration number to the police and the persons involved, and render reasonable assistance. A violation is a Class 5 felony if the accident causes injury, death or more than $1,000 of property damage, and a Class 1 misdemeanor if property damage is $1,000 or less.
Claims Against the Commonwealth
Under Virginia Code 8.01-195.3, the Commonwealth is liable for an employee’s negligence within the scope of employment as a private person would be, without punitive damages or prejudgment interest, up 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 must be filed within one year after accrual.
Injured Minors
Under Virginia Code 8.01-229(A)(1), except as otherwise specifically provided in listed sections, including 8.01-243, a person who is an unemancipated infant or incapacitated when the cause of action accrues may bring it within the prescribed period after the disability is removed.
Norfolk Motorcycle Accident Questions
What happens if the rider shares the fault?
Virginia allows contributory negligence as a complete defense. In O’Neill v. Windshire-Copeland Associates (2004), the Supreme Court of Virginia answered in the affirmative a certified question on whether a plaintiff’s contributory negligence is available to the defendant as a complete defense, where the defendant’s code violation was negligence per se. A rider whose own negligence helped cause the crash can lose the whole claim, so ask counsel how the defense applies before relying on a reduced recovery.
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 wrongful death under 8.01-244(B). For a City of Norfolk vehicle, the first deadline is six months: Virginia Code 15.2-209 bars a negligence claim against the city unless a written statement with the time and place of the injury is filed with the city attorney, chief executive or mayor within six months after accrual, or one of them or the city’s insurer had actual knowledge of the claim within that time.
Is there a cap on punitive damages?
Yes. Under Virginia Code 8.01-38.1, total punitive damages against all defendants may not exceed $350,000, and the judge reduces a larger verdict to that amount.
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.