Montagna Law Injury Attorneys
425 Monticello Avenue Suite B
Norfolk, Virginia 23510-2408
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Key Takeaways
- Motorcycle accidents often stem from other drivers’ negligence, not rider recklessness, but bias against motorcyclists can affect insurance claims and legal outcomes.
- Virginia’s strict contributory negligence law bars compensation if you’re even 1% at fault, making it crucial to build a strong case with clear evidence.
- Motorcyclists in Virginia must follow specific safety laws, including wearing a DOT-approved helmet and using proper eye protection or a windshield.
- Injuries from motorcycle crashes are often severe, ranging from road rash and broken bones to brain or spinal cord damage, requiring extensive medical care and recovery.
- Montagna Law provides experienced legal representation in Suffolk, handling everything from insurance negotiations to trial, and charging no legal fees unless compensation is recovered.
Riding a motorcycle is a fun and carefree way to get to your destination, but they are not designed to protect the rider in a collision. In Virginia, motorcyclists made up a little over 11 percent of all traffic fatalities despite their infrequency on roadways compared to cars.
The leading cause of motorcycle accidents showed that the driver did not perform any improper action in Virginia, meaning the other vehicle was not paying attention or did not see the motorcyclist.
Whether you get into a crash on I-664, Route 58, or Pruden Blvd., it is likely to result in serious injury or property damage. If your injury was the result of the negligence of another, the passionate motorcycle accident attorneys at Montagna Law are ready to provide you with sound legal advice and assist in getting you compensation. Call us today at (757) 622-8100.
Let us work on recovering compensation while you work on recovering from your injuries.
Call (877) 622-8100 or complete the online contact form to request a free consultation.
Meet Our Suffolk Motorcycle Accident Lawyer Attorneys
The aftermath of a motorcycle crash is devastating — serious injuries, steep medical bills, and time away from work can turn life upside down in an instant. Virginia’s strict contributory negligence rule adds even more pressure, since insurance companies will try to shift blame to riders to avoid paying compensation.
At Montagna Law, our Suffolk motorcycle accident attorneys are here to protect your rights and fight for the compensation you deserve. While you focus on healing, we handle the legal process, from dealing with insurance companies to pursuing justice in court if necessary.
Work With the Motorcycle Accident Lawyers at Montagna Law in Suffolk Virginia
Recovering from a motorcycle accident can feel overwhelming. Victims are often left facing painful injuries, expensive medical treatment, and uncertainty about how to cover daily expenses. Insurance companies may add to the stress by minimizing or disputing valid claims.
At Montagna Law, we understand these challenges and know how to fight back. For decades, we have represented injured riders across Suffolk and Hampton Roads, building strong cases to hold negligent drivers accountable. Our attorneys handle every step of the legal process so you can focus on your recovery.
When you work with Montagna Law, you can expect:
- Direct communication with your attorney and consistent updates about your case.
- A team dedicated to pursuing the compensation you need to move forward.
- Guidance and support grounded in years of personal injury experience in Virginia.
Montagna Law is trusted throughout Suffolk for providing reliable legal guidance and committed representation in motorcycle accident cases.
Recent Injury Case Results
Montagna Law is proud of its history of helping Virginians recover compensation after serious accidents. With more than 50 years of experience, our attorneys have secured over $30 million in verdicts and settlements for clients, with individual results ranging from tens of thousands to millions of dollars.
No Upfront Costs When You Work With Our Motorcycle Accident Lawyers
Many accident victims hesitate to contact a lawyer because they are concerned about cost. At Montagna Law, we handle motorcycle accident and wrongful death cases on a contingency fee basis. This means you pay no legal fees unless we recover compensation for you.
Start Your Motorcycle Accident Claim With a Free Consultation
A motorcycle accident can change your life in an instant, leaving you with serious injuries and many questions about what to do next. The attorneys at Montagna Law are here to guide you through the legal process and fight for your recovery. Call (877) 622-8100 or complete our online contact form to schedule a free consultation. We offer free consultations for all personal injury and wrongful death cases.
Our Suffolk Client Testimonials and Firsthand Experiences
“My experience with Montagna Law was smooth from the beginning to the end! I was in a horrific car accident and reaching out to this law firm was the best thing to ever happen to me. Ms. Grace communicated so well and was such a sweet soul. I knew I was in great hands! Mr. Montagna was down to earth and was straight forward with everything in my case and I truly appreciated that. Thank you all for everything. Definitely will be back if ever in need of an attorney.” — Brittany E.
“I really appreciate the work y’all put into my case. I highly recommend this law firm for anyone looking for a good Lawyer. Thanks Montagna Law.” — Jeanette P.
How Our Suffolk Motorcycle Accident Lawyers Can Help
Motorcycle accident claims often involve unique challenges, including bias against riders, severe injuries, and aggressive insurance company tactics. The attorneys at Montagna Law can assist you by:
- Investigating the crash and gathering key evidence such as police reports, eyewitness statements, and video footage.
- Determining liability and identifying all responsible parties.
- Handling communication with insurance companies and pushing back against unfair settlement offers.
- Calculating the full value of your damages, including medical bills, lost wages, and pain and suffering.
- Representing you in settlement negotiations or at trial if necessary.
Our Suffolk motorcycle accident lawyers are familiar with the local courts and understand the obstacles injured riders face in pursuing fair compensation.
What to Look For When Choosing a Motorcycle Attorney
Choosing the right attorney after a motorcycle accident can make a major difference in the outcome of your case. When evaluating your options, consider whether the lawyer:
- Has extensive experience handling motorcycle accident claims in Virginia.
- Is prepared to take cases to trial when necessary, not just settle quickly.
- Has the resources to fully investigate the crash and build a strong case.
- Ensure the lawyer offers free consultations so you can be confident in your choice of attorney.
At Montagna Law, our Suffolk motorcycle accident attorneys are committed to holding negligent drivers and insurance companies accountable. Our goal is to recover the maximum compensation available so you can focus on moving forward.
Building a Strong Motorcycle Injury Case in Suffolk
Pursuing compensation after a motorcycle accident in Virginia requires a careful approach. Because the state follows strict contributory negligence laws, even a small share of fault can prevent you from recovering damages. Insurance companies often use this rule to argue against paying injured riders.
To build a successful case, it is important to:
- Gather strong evidence, including police reports, witness statements, and medical records.
- Clearly establish the other party’s negligence.
- Document all injuries and related financial losses.
The Suffolk motorcycle accident attorneys at Montagna Law have decades of experience guiding riders through this process and advocating for fair results against insurance companies.
Key Motorcycle Laws in Virginia Every Rider Should Know
Motorcyclists in Virginia share the same rights and responsibilities as other drivers on the road. This includes the right to:
- Use a full traffic lane without being forced to the shoulder. Virginia also allows two motorcycles to ride side-by-side in a lane, but lane splitting — riding between lanes of traffic — is not allowed.
- Expect other drivers to yield the right of way.
- Be protected from negligent or reckless motorists.
Virginia law also sets specific requirements for motorcyclists:
- Hold a valid Class M driver’s license.
- Wear a DOT-approved helmet for both riders and passengers.
- Use a face shield or safety goggles/glasses, or make sure your motorcycle has a properly mounted windshield. Ordinary eyeglasses don’t meet this safety requirement.
- Have at least one working headlight, a taillight, and a brake light — all of which must meet Virginia’s safety equipment standards.
- Display a license plate that is illuminated by a white light.
Helmet Requirements for Motorcyclists in Suffolk, Virginia
Virginia law requires both motorcycle operators and passengers to wear approved safety helmets. According to the National Highway Traffic Safety Administration, helmets reduce the risk of a fatal crash by 37%. The Virginia DMV reports that helmets are 67% effective in preventing traumatic brain injuries.
Following this law is not only critical for safety but may also play a role in an injury claim. While bias against riders can influence how accidents are viewed, a Suffolk motorcycle accident attorney can help protect your rights and challenge unfair assumptions.
Common Causes of Motorcycle Accidents in Suffolk, Virginia
Motorcycle accidents in Suffolk often result from preventable behaviors and conditions. Some of the most common causes include:
- Unsafe lane changes: Drivers who fail to check blind spots or drift into other lanes can collide with motorcyclists.
- Distracted driving: Activities like texting, adjusting GPS, or eating take drivers’ attention off the road. The National Safety Council reports that more than 3,100 people die each year in distracted driving crashes.
- Reckless driving: Speeding, running red lights, and driving under the influence put riders at significant risk. Insurance companies may try to shift blame to motorcyclists, but in many cases, negligent motorists are responsible.
- Poor road conditions: Potholes, loose gravel, faded lane markings, and construction zones can all create hazards for motorcycles.
- Weather: Heavy rain, wind, or fog can reduce visibility and increase accident risks.
- Rear-end collisions: Motorcyclists struck from behind, especially by larger vehicles, often sustain severe injuries.
If you or a loved one were injured in a motorcycle crash caused by these or other factors, the attorneys at Montagna Law are ready to review your personal injury case and help you pursue fair compensation.
Frequent Injuries From Suffolk Motorcycle Accidents
According to the National Highway Traffic Safety Administration, about 75% of motorcycles involved in fatal collisions are struck in the front and only 8% in the rear. Because riders lack the protective structure of a car or truck, they are far more likely to sustain serious or life-changing injuries. Common injuries include:
- Road rash: Painful abrasions caused by sliding across pavement, which may require extensive treatment.
- Burns: Caused by fires, explosions, or contact with hot motorcycle parts. Road rash may also be classified as a friction burn.
- Fractures: Broken bones can lead to long recovery times, mobility limitations, and lasting complications.
- Traumatic brain injuries (TBIs): Ranging from concussions to severe brain damage, TBIs can affect memory, movement, and overall cognitive functioning.
- Spinal cord injuries: These injuries may cause paralysis, numbness, breathing difficulties, or loss of bladder and bowel control.
Motorcycle accident injuries are often severe and require significant medical care. If you have suffered one of these injuries, Montagna Law can help you pursue compensation to support your recovery.
What Should You Do After a Motorcycle Accident in Suffolk, Virginia?
After a motorcycle accident, your safety and health come first. If the scene is unsafe, move to a secure location before taking the following steps:
- Check for injuries and seek immediate medical care.
- Collect the other driver’s contact and insurance information.
- Contact the police to document the crash.
- Take photos of the scene, vehicles, and your injuries.
- Notify your insurance company.
- Call Montagna Law for legal guidance.
Speaking with a Suffolk motorcycle accident lawyer quickly can make a significant difference in your case. The attorneys at Montagna Law can investigate the crash, gather critical evidence, and protect you from insurance company tactics designed to limit your recovery. While you focus on healing, we work to secure the compensation you need for medical bills, lost wages, and pain and suffering.
How Long Do You Have to File a Motorcycle Accident Lawsuit in Suffolk, Virginia?

In Virginia, you typically have two years from the date of your motorcycle accident to file a lawsuit for injuries. Missing this deadline usually means losing the right to pursue compensation, no matter how strong your case may be.
Because evidence can fade and witnesses’ memories can weaken over time, it is important to act quickly. The Suffolk motorcycle accident attorneys at Montagna Law can begin building your case right away, preserving critical evidence and protecting your right to seek fair compensation under Virginia’s statute of limitations.
Who May Be Held Liable in a Motorcycle Accident Claim?
Liability in a motorcycle accident is not always limited to the driver who caused the crash. Other potentially responsible parties may include:
- Negligent drivers, such as those who were speeding, distracted, or under the influence.
- Employers of commercial drivers who were acting within the scope of their job.
- Government entities responsible for unsafe or poorly maintained roads.
- Motorcycle or parts manufacturers if a defect contributed to the accident.
- Third parties in limited circumstances, such as bars that served alcohol to an impaired driver.
Determining liability often requires a detailed investigation. The Suffolk personal injury lawyers at Montagna Law know how to uncover evidence, identify responsible parties, and build strong cases for injured riders.
Can I Still Recover Compensation If I Was Partially at Fault?
Virginia follows a strict contributory negligence rule. Under this law, if an injured person is found even 1% at fault for causing an accident, they are barred from recovering compensation. This strict rule comes from Virginia court decisions and plays a big role in how insurance companies handle motorcycle claims. Even being just 1% at fault can prevent injured riders from receiving any compensation.
Because insurance companies often try to use contributory negligence to deny valid claims, it is critical to have legal representation. The experienced attorneys at Montagna Law can gather evidence, challenge unfair allegations of fault, and fight to protect your right to compensation.
How to File a Motorcycle Accident Claim
Filing a motorcycle accident lawsuit in Virginia generally involves several key steps:
- Consult with an attorney to evaluate your case.
- Investigate the crash and gather evidence to support your claim.
- File the complaint in the appropriate civil court, usually the Circuit Court for serious injury cases.
- Serve the defendant with notice of the lawsuit.
- Proceed through discovery, negotiation, or trial if necessary.
Virginia law gives you two years from the date of the accident to file your complaint. Acting quickly allows your attorney to preserve evidence and build the strongest case possible. Our legal team can guide you through each stage of the process and fight for the compensation you deserve.
What Damages Are Available in Motorcycle Claims in Suffolk, Virginia?
Motorcycle accidents often leave victims facing significant physical, emotional, and financial losses. In Virginia, injured riders and their families may pursue compensation for damages such as:
- Pain and suffering: Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
- Medical expenses: Costs of hospital stays, surgeries, rehabilitation, medications, and future care needs.
- Lost wages: Income lost while recovering, as well as reduced future earning capacity if injuries limit your ability to work.
- Wrongful death: When a crash results in loss of life, surviving family members may be entitled to compensation for funeral expenses, loss of income, and the impact on loved ones.
The personal injury attorneys at Montagna Law work to calculate the full scope of damages so clients can pursue the compensation needed to move forward.
What if the Other Driver Doesn’t Have Insurance?
If the at-fault driver does not have insurance, motorcycle accident victims in Virginia may still have options for recovery. State law requires uninsured motorist coverage as part of all auto insurance policies in Virginia. And as of July 1, 2024, you can no longer register a vehicle without insurance — coverage is now mandatory for everyone.
These claims can be complicated, as insurance companies often dispute the value of losses. The Suffolk motorcycle accident attorneys at Montagna Law can negotiate on your behalf and fight for a fair settlement that reflects the full extent of your injuries and financial hardships.
How Much Are Most Motorcycle Accident Settlements?
There is no set amount for a motorcycle accident settlement because each personal injury claim is unique. Factors that often influence the value include:
- Severity and type of injuries.
- Medical treatment and rehabilitation costs.
- Lost income and impact on future earning capacity.
- Permanent disabilities or scarring.
- Pain and suffering.
- Available insurance coverage.
The Suffolk motorcycle accident attorneys at Montagna Law can review your circumstances and pursue a fair settlement tailored to your losses.
Protect Your Rights After a Motorcycle Accident in Suffolk With a Free Case Evaluation
Motorcycle riders face unique risks on Virginia roadways, and when accidents occur, the consequences can be devastating. Insurance companies often try to shift blame or minimize payouts, but under Virginia personal injury law, injured riders have the right to pursue compensation for their losses.
The Suffolk motorcycle accident attorneys at Montagna Law are prepared to take on the legal challenges while you focus on healing. We investigate crashes, negotiate with insurers, and, when necessary, litigate to hold negligent drivers accountable. Our goal is to secure compensation for medical bills, lost wages, pain and suffering, and the long-term impact of your injuries.
If you were injured in a motorcycle accident in Suffolk or anywhere in Hampton Roads, contact Montagna Law at (757) 622-8100 or complete our online form to schedule a free consultation. We are committed to helping motorcycle riders protect their rights and pursue fair outcomes under Virginia personal injury law.
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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