Virginia Motorcycle Accident Claims at a Glance
- Helmets are required. Virginia requires motorcycle operators and passengers to wear a helmet meeting DOT, Snell or ANSI standards, plus eye protection or a windshield (Va. Code § 46.2-910).
- Not wearing a helmet is not automatic negligence. The same statute says failing to wear a helmet or eye protection is not negligence per se in a civil case.
- Two-year deadline. Most Virginia injury claims must be filed within two years of the crash (Va. Code § 8.01-243).
- Contributory negligence applies. Virginia can bar recovery if a rider is found even slightly at fault, and insurers often lean on bias against motorcyclists to argue fault.
- Minimum coverage is often not enough. Virginia’s minimum liability limits are $50,000 per person and $100,000 per accident for policies effective in 2025 or later (Va. Code § 46.2-472), which rarely covers a serious motorcycle injury.
Motorcycle accidents are serious and can sometimes even be fatal. Human beings are simply not designed to withstand impact with a car, truck or the open road. As a result, motorcycle riders are often left with severe injuries ranging from broken limbs to a traumatic brain injury and at times paralysis or even death.
At Hilton & Somer, LLC we have represented victims of motorcycle accidents since 1965. We are dedicated lawyers who work diligently and handle serious personal injury cases. We seek justice for motorcyclists and their families throughout Virginia, Maryland and the District of Columbia.
If you or a loved one have suffered injuries caused by the carelessness of another driver, we can help. Contact our law firm at 703-560-0700 to schedule a free initial consultation with an experienced Motorcycle Accident Lawyer. Se habla Español.
Representation Customized to Your Case
When you choose the law firm of Hilton & Somer, LLC to represent you in a motorcycle accident or a wrongful death case, you will receive a high level of individual attention. Over the years, we have built a reputation for being there when our clients need us. If we are not available to immediately answer your call, we will always get back to you as soon as possible. We strongly believe that the key to a successful attorney/client relationship is communication and we pride ourselves in keeping our clients informed as to the progress of their case and in making ourselves available whenever necessary. As part of our commitment to personal attention, we will take the time to learn about how your motorcycle accident has impacted your life. We understand that every situation is different and that accidents affects individuals in many different ways. We prepare and develop strong cases tailored to meet your specific need. We will give you an honest assessment of the value of your case once we have gathered all necessary information and advise you of the process involved in order to provide you with all the necessary knowledge to make informed decisions about how to proceed with your case.Virginia, Maryland and Washington, DC Trial Motorcycle Accident Lawyers
Going to trial is not something we are afraid of and we are committed to taking the steps that are right for your individual case. Our state certified trial attorneys know how to deal with insurance companies, and should they deem that a claim was wrongfully denied, they will fight for justice on your behalf. We have well over 30 years of experience and have litigated hundreds of cases in State and Federal courts in Virginia, Maryland and in the District of Columbia. All motorcycle accident cases are handled on a contingency basis, meaning you pay no attorney fees unless we are successful in obtaining monetary compensation on your behalf. In addition to handling motorcycle and fatal accident claims, our Motorcycle Accident Attorneys are available to stand beside you in all other motor vehicle accident cases. Contact Hilton & Somer, LLC at 703-560-0700 to discuss how we can help.
Areas We Serve
Hilton & Somer is based in Fairfax, Virginia and represents injured clients throughout Northern Virginia, Washington, DC and Maryland, including:
- Northern Virginia: Fairfax, Arlington, Alexandria, Springfield, Manassas, Annandale, McLean, Falls Church, Centreville, Leesburg, Fredericksburg and Charlottesville, plus Fairfax, Loudoun, Prince William, Stafford, Spotsylvania, Fauquier and Culpeper Counties
- District of Columbia: Washington, DC
- Maryland: Bethesda, Silver Spring, Oxon Hill and College Park, plus Montgomery, Prince George’s, Anne Arundel, Howard, Frederick and Washington Counties
Motorcycle Accident FAQ
Does not wearing a helmet hurt my motorcycle accident claim in Virginia?
Virginia law says that failing to wear a helmet is not negligence per se in a civil case. The defense may still argue about how injuries occurred, so it is important to document the crash and your injuries carefully.
How long do I have to file a motorcycle accident claim in Virginia?
Most motorcycle accident injury claims in Virginia must be filed within two years of the crash. Maryland and DC generally allow three years.
What if the driver who hit me has only minimum insurance?
If your damages exceed the at-fault driver’s liability limits, you may be able to recover more through underinsured motorist coverage on your own policy or a household policy.
What should I do after a motorcycle crash?
Get medical care, call the police, photograph the scene, your bike and your gear, collect witness information, keep your damaged helmet and gear, and avoid giving a recorded statement to the other driver’s insurer before speaking with a lawyer.
How much does it cost to hire a motorcycle accident lawyer?
Hilton & Somer handles motorcycle accident cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you, and the first consultation is free.
