Key Steps After a Motorcycle Crash

A motorcycle crash changes everything in a matter of seconds. One moment you’re on the road, the next, you’re on the ground, trying to make sense of what just happened. If you were riding in Hampton Roads and another driver’s negligence caused your crash, you may have a motorcycle accident claim worth pursuing. But in Virginia, what you do in the hours and days after the crash matters just as much as what happened during it.

At Williams DeLoatche, P.C., our attorneys have spent time on the defense side, representing insurers and large defendants. We know exactly what adjusters look for, how claims get disputed, and what protects you. We are here to stand beside you throughout the process, from the first call through resolution.

At the Scene: What to Do in the First Minutes

Everything that happens in the immediate aftermath of a crash creates a record. In Virginia, where contributory negligence means any share of fault eliminates your right to recover, that record can either protect you or be used against you. The steps below are not just practical; they are legal decisions.

Call 911 and Stay at the Scene

You are required by law to stop and report. Under Va. Code § 46.2-894, any driver involved in a crash resulting in injury, death, or property damage over $1,000 must stop, stay at the scene, and provide their information to law enforcement. When you call 911, share your location, describe any injuries, and do not move your motorcycle unless it creates an immediate traffic hazard. The police report generated from this call is often the first piece of evidence in a claim.

Document the Scene Before Anything Is Moved

Take photos before anything is touched. Capture road conditions, skid marks, vehicle positions, visible injuries, traffic signs, lane markings, and any environmental factors like wet pavement or potholes. Get wide shots and close-ups. This window closes fast, as once vehicles are moved and the scene clears, that documentation opportunity is gone.

Get Witness Information

Ask any bystanders for their names and contact information before they leave. Do not assume law enforcement will collect this. In a contributory negligence state, an independent witness who can speak to what the other driver did, or what you did not do, can be the difference between a viable claim and no claim at all.

Do Not Admit Fault or Make Statements About the Crash

Virginia’s pure contributory negligence standard means even 1% of fault bars recovery entirely. Saying “I’m sorry,” “I didn’t see you,” or offering any explanation of what happened creates a record the other side will use. Stick to the facts: your name, your insurance, your contact information. Try to avoid speculating about the crash or explaining what you think occurred to anyone other than your attorney.

Seek Medical Attention Immediately, Even If You Feel Fine

Motorcycle crash injuries do not always announce themselves at the scene. Traumatic brain injuries, spinal damage, internal bleeding, severe road rash complications and other personal injuries can take hours or days to surface. Getting evaluated immediately is not just the right thing to do for your health; it is one of the most important steps you can take for your claim.

Why Delayed Treatment Hurts Your Claim

If you wait to see a doctor, the insurer’s argument is simple: your injuries were not serious, or something else caused them. Virginia’s contributory negligence standard makes this argument more consequential than in most states. Medical records tied to the crash date are the foundation of any compensation claim. Every day without documentation is a gap the other side can exploit.

Follow Through on All Treatment and Referrals

Getting evaluated once is not enough. Missed appointments, ignored referrals, and gaps in physical therapy hand the insurer the same “your injuries aren’t serious” argument they would use if you had skipped the first visit. Keep every record: physician notes, prescriptions, referrals, rehab reports, and billing statements. These documents build the picture of what this crash actually cost you.

What to Do in the Days After the Crash

The days following a crash are where most Virginia motorcycle accident claims are won or lost, not in a courtroom, but in early conversations with insurers. The right approach is careful and deliberate.

Notify Your Own Insurance Company

Most policies require prompt notification. Keep the call brief and factual: the date, the location, and what happened. Try to avoid speculating, assigning blame, or agreeing to a recorded statement before you have spoken with an attorney. Your own insurer’s role differs from the at-fault driver’s insurer, but what you say still creates a record.

Do Not Speak to the Other Driver’s Insurance Adjuster Alone

The other insurer’s adjuster is not a neutral party. Their job is to resolve the claim for as little as possible. Early recorded statements are used to establish partial fault, which in Virginia eliminates your right to recover entirely. Our founding partners at Williams DeLoatche, P.C. spent years on the defense side. They know exactly what adjusters listen for and how early statements are used to close claims. Direct all contact from the other insurer through your attorney.

Preserve All Evidence and Records

Save everything connected to the crash: photos, the police report, medical records, billing statements, correspondence with insurers, and documentation of missed work. Try not to repair or dispose of your motorcycle until your attorney has reviewed it; the bike itself can be evidence. Thorough documentation is the backbone of any Virginia motorcycle accident claim.

Why Williams DeLoatche Is the Right Firm for Your Hampton Roads Motorcycle Accident Case

Both of our founding partners, T. Wayne Williams and Jonathan R. DeLoatche, spent time representing insurers and large defendants before founding the firm in 2008. They know how claims are evaluated, where pressure is applied, and what early decisions affect outcomes, because they made those calls from the other side of the table. That background is not a marketing line. It is a real advantage for clients navigating a Virginia motorcycle accident claim.

Our consultations are free, and we work on a contingency fee basis, so you pay nothing unless we recover for you.

Client Testimonials

“Highly recommend. Helped me after walking into their office with some serious injuries. Worked with me every step of the way. Kept me informed. Very kind and well educated group of wonderful people.” – Juloe H.

“I had an exceptional experience working with this law firm. From start to finish, the team was incredibly helpful, attentive, and supportive. They not only delivered everything I needed for a successful settlement but also took the time to educate and guide me through what was a very challenging period. Their professionalism, communication, and genuine care for my best interest truly stood out. I could not recommend a better team to have on your side. If you’re looking for knowledgeable and compassionate legal support, look no further.” – Victoria M.

“I was treated with genuine kindness and compassion throughout the entire process. Mr. Barbosa and his team were supportive, professional, and truly worked in my best interest. They helped me navigate a very difficult time, and I am grateful for the outcome and the care they showed every step of the way. Highly recommend.” — Ursula B.

Common Questions About Virginia Motorcycle Accident Claims

What If I Wasn’t Wearing a Helmet When the Crash Happened?

Not wearing a helmet does not automatically make you negligent. Under Va. Code § 46.2-910, helmet non-use does not constitute negligence per se in a civil case. The other side may still argue it contributed to your injury severity, which is one more reason to have an attorney involved early in the process.

How Long Do I Have to File a Motorcycle Accident Claim in Virginia?

Under Va. Code § 8.01-243(A), most personal injury claims must be filed within two years of the accident date. Virginia courts enforce this deadline strictly. Missing it almost always means losing the right to pursue compensation, regardless of how serious your injuries are.

What Damages Can I Recover After a Motorcycle Accident in Virginia?

A Virginia motorcycle accident claim can include economic damages, such as medical expenses, lost wages, and reduced future earning capacity, as well as non-economic damages such as pain and suffering and emotional distress.

Talk to a Hampton Roads Motorcycle Accident Attorney Before You Make Any Decisions

If you have been in a crash in Hampton Roads, the decisions you make over the next few days matter more than you might realize. Williams DeLoatche, P.C. offers free consultations, and we work on a contingency fee basis, which means no upfront costs, ever. Call us at (757) 547-5555 or reach out through our online contact form.