You're riding your motorcycle on a clear Virginia day when another vehicle veers into your path, leaving you no time to avoid a collision. To make matters worse, the at-fault driver starts pointing fingers, claiming you were speeding or failed to brake in time. Suddenly, you're facing accusations of partial fault—and the sinking feeling that this might prevent you from getting the compensation you deserve.
At Dulaney, Lauer & Thomas, our dedicated motorcycle accident attorneys understand the unique challenges bikers face in the wake of a serious wreck—especially when contributory negligence arguments arise. Our experienced legal team is here to stand up for your rights and secure the compensation you deserve.
What is Contributory Negligence in Virginia?
Unlike many states that allow injury victims to recover reduced damages when they share some blame, Virginia follows a much harsher rule: pure contributory negligence. This legal standard says that if an injured person is even 1% at fault for the accident that harmed them, they cannot collect any compensation from the other at-fault parties.
What Does This Mean for Partially At-Fault Motorcycle Riders?
In practical terms, Virginia's unforgiving contributory negligence law creates significant barriers for motorcycle accident victims deemed partially responsible for a crash. Insurance companies know this—and they're all too eager to shift blame to an injured rider in hopes of avoiding a payout.
Some common contributory negligence arguments insurers make against motorcyclists include:
- Speeding or riding too fast for conditions. Insurers may claim that a biker's excessive speed made the crash unavoidable or that the injuries were more severe.
- Lane splitting. While this practice is legal in some states, lane splitting (riding between lanes) is prohibited in Virginia, and insurers will likely use this as evidence that a rider was negligent.
- Failure to wear a helmet. Virginia law requires helmets for all riders regardless of age. Riders injured while helmetless may face an uphill battle overcoming accusations that they contributed to their own injuries.
- Following too closely or failing to yield the right of way. If insurers can demonstrate that a motorcyclist failed to maintain a proper following distance or disregarded a vehicle's right-of-way, they'll argue that this contributed to the wreck.
How Do I Prove the Other Driver Caused my Motorcycle Accident?
So how can you fight back against these victim-blaming tactics and prove the other motorist caused the crash? You’ll strengthen your case with evidence, such as:
- Detailed accident scene photos
- Witness statements that support your version of events
- Footage from traffic cameras or dashcams
- Police reports noting the other driver's traffic law violations
- Cellphone records showing the other motorist was texting
- Accident reconstruction analysis by qualified experts
A seasoned Virginia motorcycle accident lawyer can help you gather and leverage all available evidence to establish the actual cause of the collision and combat allegations that you share responsibility.
What if I Really Am Partially to Blame for a Virginia Motorcycle Crash?
Remember, Virginia's harsh contributory negligence rules mean even the slightest degree of fault can stop you from recovering any compensation. But that doesn't mean you should just give up on your claim or accept the insurance company's arguments at face value.
Instead, talk to a skilled motorcycle accident lawyer who knows how to anticipate and counter contributory negligence defenses. Your attorney may be able to:
- Use accident reconstruction experts to refute claims that you were speeding
- Establish that an alleged act of negligence wasn't a proximate cause of the crash or your injuries
- Invoke the last clear chance doctrine, arguing the other driver had the final opportunity to avoid the collision
- Prove the crash arose from the other motorist's recklessness or intentional wrongdoing, rendering your own negligence irrelevant
Fighting for Injured Bikers Across Virginia—No Matter What
At Dulaney, Lauer & Thomas, we refuse to let contributory negligence rules become a weapon against injured motorcyclists. Our knowledgeable attorneys are well-versed in the strategies insurance companies use to pin blame on riders—and we know how to push back with strong evidence and arguments.
If you've been involved in a serious motorcycle wreck, don't let concerns regarding partial fault stop you from seeking the compensation you need to heal. Our dedicated legal team will thoroughly investigate your case, gather all available evidence, and tenaciously advocate for your rights.