Montagna Law Injury Attorneys
425 Monticello Avenue Suite B
Norfolk, Virginia 23510-2408
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Key Takeaways
- Motorcycle accidents often cause severe injuries that require immediate medical care and long-term medical treatment, making experienced legal representation essential for injured riders in Portsmouth.
- A motorcycle accident attorney in Portsmouth can help you recover damages for lost wages, reduced earning capacity, and emotional harm that impact your quality of life after a crash.
- Building a strong personal injury case requires collecting evidence such as police reports, witness statements, and text messages that show a negligent motorist caused the collision.
- At Montagna Law, our legal team handles every step of your claim on a contingency fee basis, meaning you pay nothing upfront while we fight for fair compensation to support your recovery and well-being.
A motorcycle accident can change your life in an instant. One moment you’re enjoying the open road, and the next you’re facing pain, medical bills, and uncertainty about what comes next. The recovery process can be overwhelming, especially when insurance companies delay or deny the help you need.
At Montagna Law, we understand what you’re going through. Our motorcycle accident attorneys have seen firsthand how these types of serious injuries can impact your health, your work, and your family. You shouldn’t have to fight this battle alone. Let our team handle the legal details so you can focus on healing.
Why Motorcycle Accidents Often Lead to Life-Changing Injuries
Motorcycle riders are more vulnerable to danger than drivers in enclosed motor vehicles. Without the protection of seatbelts or airbags, riders take the full force of a collision. In many cases, the impact throws them from the bike or into other vehicles or roadside hazards.
Common causes of serious motorcycle accident injuries include:
- Lack of protective barriers between the rider and other vehicles.
- Direct impact with the pavement or stationary objects.
- Reduced visibility to other drivers, increasing the risk of being hit.
- Greater likelihood of being ejected from the motorcycle.
These conditions can cause traumatic brain injuries, spinal cord damage, broken bones, severe road rash, and other catastrophic harm. The physical pain and emotional toll are often compounded by high medical expenses and time away from work.
Why Choose Montagna Law for Your Motorcycle Accident Case in Portsmouth
For more than 50 years, Montagna Law has been here for motorcycle riders in Portsmouth and throughout Hampton Roads. Our personal injury lawyers take the time to listen, explain your options, and guide you through what can be a confusing and stressful process. We know how challenging it is to recover after a serious crash, and we’re here to handle the legal side so you can focus on healing. With decades of experience and a genuine commitment to our community, we work hard to protect your rights and pursue fair results.
No Upfront Fees and No Risk to You
After a motorcycle accident, financial stress can make recovery even harder. At Montagna Law, we want you to focus on your health, not your legal bills. That’s why we work on a contingency fee. You don’t pay attorney’s fees unless we recover compensation for you. Our team handles every part of your case, from investigating the crash and gathering evidence to negotiating with insurance companies and, if needed, taking your case to court.
Attorney Awards Won By Our Team
The attorneys at Montagna Law have been recognized for their dedication to clients and the quality of their legal work. Recent acknowledgments include:
- Best of the Best Top 10 Personal Injury Law Firms, 2025
- Lawyers of Distinction Award, 2024
- American Institute of Personal Injury Attorneys Top 10 for Client Satisfaction, 2025
These recognitions reflect our ongoing commitment to serving clients with integrity and professionalism throughout Portsmouth and the Hampton Roads region.
Speak With a Montagna Law Attorney for Free
If you were injured in a motorcycle accident in Portsmouth, Montagna Law is here to help. During your free consultation, our attorneys will listen to your story, answer your questions, and explain your legal options. There is no obligation to move forward, and you will not owe any legal fees unless we recover compensation for you.
Read Our Client Testimonials
“I have been a client of Montagna Law since 2014. Because the customer service is exceptional, I have established a rapport with everyone in the office. As a customer for eight years, it is noted that this firm goes above and beyond for the clients.” — Eric E.
“My experience with Montagna Law was great given the circumstances. Anthony Montagna took excellent care of me and got my case dismissed. I was very pleased with the outcome and his dedication in the courtroom. If you’re looking for someone who will stand up for you and fight hard, this is the team you want. The cost was also very reasonable. Overall, great job, and thank you, Anthony Montagna, for helping me out.” — Robert B.
Meet Our Portsmouth Motorcycle Accident Lawyer Attorneys
How to Find the Right Motorcycle Accident Attorney in Portsmouth
After a serious motorcycle accident, choosing the right attorney can make a difference in how your case moves forward. The right lawyer will listen to your story, protect your rights, and fight for fair results.
When looking for a motorcycle accident attorney, consider these important qualities:
- Experience handling motorcycle cases. Look for attorneys familiar with Virginia’s traffic laws and the specific challenges motorcyclists face after a crash.
- Proven track record of client results. An attorney with a record of case outcomes shows they can handle complex claims and advocate effectively in negotiations or court.
- Resources and professional connections. A well-prepared firm can work with medical and accident experts to strengthen your case.
At Montagna Law, we have represented riders across Hampton Roads, including Portsmouth, Norfolk, Virginia Beach, Chesapeake, Suffolk, and Newport News. Our attorneys take pride in providing personal attention and dedicated representation to every client we serve.
What to Do After a Motorcycle Accident in Portsmouth

Your safety comes first after a motorcycle crash. Move to a safe area if possible and call 911 to report the accident and request medical help. Even if you feel fine, get checked by a doctor right away. Some injuries take time to appear, and medical records are important evidence if you later file a claim.
If you can do so safely, gather information from other drivers and take photos of the vehicles, road, and surrounding area. Avoid discussing fault at the scene or on social media.
Once your immediate needs are addressed, contact Montagna Law. Our attorneys can review the details of your accident, collect evidence, and communicate with the insurance company on your behalf. We focus on protecting your rights so you can focus on recovery.
How Montagna Law Helps Motorcycle Accident Victims in Portsmouth
After a motorcycle crash, it can be difficult to know where to start. While you focus on healing, our attorneys handle the details that protect your rights and strengthen your case. We help by:
- Investigating the accident and reviewing police reports and witness statements.
- Working with medical professionals to document your injuries and recovery needs.
- Communicating with insurance companies to prevent unfair settlement tactics.
- Calculating the full value of your losses, including medical costs, lost income, and pain and suffering.
- Filing your claim within Virginia’s strict legal deadlines.
Our goal is to take the pressure off you during recovery. Montagna Law builds a strong case based on evidence and accountability, so you can move forward with confidence.
Common Motorcycle Accident Injuries in Portsmouth
Motorcycle riders in Portsmouth face serious risks when collisions occur. Even with protective gear, the lack of a vehicle frame means riders absorb most of the impact in a crash. The results are often severe and long-lasting.
- Head and brain injuries: Helmets reduce the risk of head trauma but cannot prevent all concussions or traumatic brain injuries. These can affect memory, focus, and emotional health.
- Spinal cord injuries: Damage to the spine can cause chronic pain, limited movement, or paralysis in the most severe cases.
- Broken bones: Arms, legs, and ribs are especially vulnerable and often require surgery or extended rehabilitation.
- Severe road rash or disfigurement: Skin injuries can lead to scarring, infections, and lasting emotional effects.
- Internal injuries: Damage to internal organs may not be visible right away and needs immediate medical evaluation.
Motorcycle crashes can change every part of a person’s life. If you or someone you love was injured in Portsmouth, Montagna Law is here to help you understand your options and pursue the compensation needed for your recovery.
Determining Fault in a Motorcycle Accident
In Virginia, auto accident cases depend on proving who was negligent. That makes identifying the responsible party especially important.
Commonly liable parties include:
- Careless drivers who fail to yield, change lanes without checking blind spots, or follow too closely.
- Commercial drivers or trucking companies when unsafe driving or poor vehicle maintenance contributes to a crash.
- Government entities responsible for unsafe road designs, debris, or missing signs.
Determining fault can be complex. Montagna Law investigates every detail of your accident, reviews evidence, and works to hold the negligent party accountable.
How Virginia’s Contributory Negligence Law Can Affect Your Case

Virginia follows a contributory negligence rule, which means you cannot recover compensation if you are found even slightly responsible for the accident. This law can make motorcycle accident cases more difficult because insurance companies may try to argue that the rider shared some of the blame.
Having an attorney who understands these rules is important. Montagna Law gathers evidence to show what really happened and works to protect your right to pursue full compensation for your injuries.
What if I Wasn’t Wearing a Helmet During the Accident?
Under Virginia law, all motorcycle riders and passengers must wear an approved helmet. Riders also need to use a face shield or safety glasses or goggles unless their motorcycle has a windshield. If you were not wearing a helmet at the time of your crash, you may still have a valid claim.
Insurance companies often try to use the lack of a helmet to reduce or deny compensation. Montagna Law reviews the facts of your case to show that another driver’s negligence, not the absence of a helmet, caused your injuries. Medical documentation is also key to linking your injuries to the accident. Our attorneys will walk you through this process and help protect your right to pursue fair compensation.
Key Evidence Used to Prove Fault in Virginia Motorcycle Accidents
Proving who caused a motorcycle accident often depends on the quality of the evidence collected. The following types of evidence can help show how the crash occurred and who was responsible:
- Witness statements and police reports: These provide firsthand accounts of how the collision happened and can help establish the sequence of events.
- Traffic or dash camera footage: Video evidence can capture distracted driving, speeding, or failure to yield.
- Phone and electronic records: These can confirm whether a driver was texting or using a phone at the time of the crash.
- Toxicology reports: Results showing alcohol or drug use help prove driver impairment.
- Vehicle maintenance records: Poor upkeep, such as worn brakes or tires, can demonstrate negligence.
- Accident reconstruction analysis: Experts can review physical evidence to explain how the crash occurred.
Each piece of evidence plays a role in building a clear and persuasive case. Montagna Law works to gather and preserve this information quickly to protect your right to fair compensation.
Types of Compensation After a Motorcycle Accident in Portsmouth
After a motorcycle crash, your financial and emotional losses can be significant. In Virginia, injured riders may seek compensation for both economic and non-economic damages.
- Medical expenses: This includes hospital care, doctor visits, medications, physical therapy, and ongoing treatment for your injuries.
- Lost income: If you missed work during recovery, you may be entitled to recover the wages you lost, as well as future income if your injuries affect your ability to work.
- Pain and suffering: This covers the physical pain, emotional distress, and loss of enjoyment of life caused by your injuries.
- Wrongful death: If a loved one was killed in a motorcycle accident, surviving family members may seek compensation for funeral expenses, lost financial support, and loss of companionship.
Montagna Law helps clients document these losses and present clear evidence to support their claims, so they can focus on healing and rebuilding their lives.
How Long Do I Have to File a Motorcycle Accident Claim in Portsmouth?
In Virginia, the law gives you a limited time to take legal action after a motorcycle accident. Most personal injury claims must be filed within two years of the date of the crash, as outlined in Virginia Code § 8.01-243(A).
If a government agency is involved, the time to file may be shorter. Missing these deadlines can prevent you from recovering compensation. If you were injured in a motorcycle accident in Portsmouth, contact Montagna Law as soon as possible to protect your rights and preserve important evidence.
How Montagna Law Helps You Recover Financially After an Accident
Recovering from a motorcycle accident is never easy, but you do not have to face it on your own. The attorneys at Montagna Law are here to listen, offer legal advice, answer your questions, and take on the legal challenges so you can focus on healing. Whether you are dealing with medical bills, lost income, or insurance disputes, our team will guide you through each step with care and determination. Contact Montagna Law today at 757-622-8100 or use our online contact form to schedule your free consultation to learn how we can help you move forward.
Frequently Asked Questions
Yes, a Portsmouth lawyer can help with a wrongful death case. The lawyer assists the personal representative or executor of the deceased’s estate in filing a claim against the responsible parties.
The wrongful death case can be brought to court by the personal representative or executor of the deceased’s estate. This individual is responsible for pursuing the claim against potentially liable parties.
Liability in motorcycle accidents is determined based on negligence. Under Virginia’s contributory negligence rule, if the victim is found even 1% at fault, they cannot recover damages.
The duration of a motorcycle accident lawsuit in Virginia can vary widely. Factors influencing the timeline include the case’s complexity, insurance negotiations, and court procedures. The process can take anywhere from six months to over a year.
Written By Jon Montagna
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, auto accidents, truck accidents, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.
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