By C. James Williams III, Principal, Burnett & Williams

Any car accident can be catastrophic, but this is particularly the case with motorcycle accidents and pedestrian accidents, which leave the victims exposed and in danger of serious injury. Unfortunately, the 1,747 pedestrian accidents and 2,245 motorcycle accidents in Virginia in 2024 were overlooked for a variety of reasons, which is why victims must find a Virginia motorcycle accident attorney or pedestrian accident lawyer who will stand up for their rights.

A Motorcycle Accident Lawyer Explains Why Motorcycle Accident Injuries Are Often Overlooked

One of the main reasons motorcycle and pedestrian cases are often overlooked is that there is often a bias against these victims. Especially with motorcycle accidents, people tend to stigmatize riders, assuming that they are being reckless and dangerous, even when they are following every law and safety precaution. Even in pedestrian accidents, people can jump to conclusions and think that the victim must have done something wrong.

On top of that, many pedestrian and motorcycle accidents happen in off-road settings, such as parking lots. And since these settings are private property, police rarely respond to and file a police report for these accidents unless there is a hit-and-run or significant injuries requiring an ambulance. Since many injuries don’t emerge until later after the initial wave of adrenaline subsides, many of these accidents do not get the police report or investigation that typical auto accidents have.

These types of accidents are also more prone to hit-and-run incidents, whether intentional or not. When a driver hits a pedestrian or motorcycle, they are impacting a smaller vehicle and are less likely to suffer severe damage. Fearing the outcome of a lawsuit and believing they might be able to get away with it because of the lack of damage, some drivers may intentionally flee the accident scene. Or if a driver is impaired, they may not even notice that they have hit a pedestrian or motorcycle.

The Challenges Personal Injury Lawyers Face While Dealing With Motorcycle Accident Cases

One of the biggest challenges in motorcycle accident claims and pedestrian personal injury cases is determining fault. It isn’t as simple as “who hit whom.”

For example, a very common type of motorcycle accident that occurs happens when a car driver cuts off a motorcyclist. Even if the motorcycle rider hits the car, the driver may still be found at fault. However, there are other factors that must be taken into consideration, including violations of the law on the part of the rider, such as lane splitting.

Considering these other factors is particularly important in states that have contributory negligence laws, including Virginia. Contributory negligence rules state that if the victim is found to be even 1% at fault for causing the accident, they may be barred from receiving compensation of any kind.

For example, even if the other driver was found to be primarily liable for an accident, the motorcycle rider might not be able to recover damages if they were speeding or not wearing a helmet. Or, if a pedestrian did not look both ways before crossing the street, they could be denied the fair compensation they deserve.

Unfortunately, it is also true that motorcycle and pedestrian accidents tend to be more dangerous than typical auto accidents because riders or pedestrians have less protection than drivers in cars. These victims don’t have the benefits of airbags or other safety systems, often suffering almost the entire force of the impact on their bodies. Victims in motorcycle accidents and pedestrian accidents therefore, often suffer from catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and other severe injuries.

From medical bills and lost wages to pain and suffering and potential permanent disability or even wrongful death, the expenses of a collision can add up quickly. That is also why it is crucial that accident victims of pedestrian or motorcycle accidents pursue fair compensation for the losses they have experienced. Experienced legal representation can help address the full range of losses a victim faces, from immediate medical costs to long-term needs.

However, the difficulty of motorcycle accident law and pedestrian accident law means that it is hard to handle these types of injury claims yourself. That is why it is important to hire a personal injury attorney, and not just any lawyer, but one who has specific experience in the type of personal injury law your case falls under. You want a motorcycle accident lawyer with knowledge of the unique laws that apply to your claim to help fight for you against the insurance companies.

Hire a Virginia Motorcycle Accident Attorney to Help You With Your Motorcycle Accident Claim

If you or a loved one has been injured or killed in a motorcycle crash or pedestrian accident in Virginia, consider reaching out to a Virginia personal injury law firm. In a free consultation, an experienced legal team of personal injury lawyers can review your case and determine whether they may be able to help you pursue fair compensation for the damages you have suffered due to another driver’s negligence.

Jim Williams is a graduate of George Mason University Law School, where he distinguished himself as a member of the law review with a published article and was the commencement speaker for his graduating class. He has practiced insurance defense through both private practice and as counsel to a major insurance company, where he gained extensive experience as a trial attorney, giving him wide-ranging expertise in the complexities of Virginia insurance law and knowledge of how the defense side approaches litigation. Jim Williams joined Burnett & Williams in 2006 as the lead partner in the Richmond area, with offices in Midlothian, Hopewell, and Richmond, Virginia.

Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Burnett & Williams or any attorney mentioned. Every accident case depends on its own facts, and legal outcomes may vary. Anyone dealing with a motorcycle, pedestrian, or personal injury matter should consult a qualified attorney licensed in their state for guidance specific to their situation.