Do Motorcyclists Get Treated Differently After Crashes?

July 5, 2025

Motorcycle Accident Lawyer Virginia Beach

According to the National Highway Traffic Safety Administration (NHTSA), there were 6,335 motorcyclists killed on the road in 2023 in the United States. That’s 15 percent of all traffic fatalities. NHTSA data shows that this is the highest number of motorcyclists killed in a year since at least 1975. The Virginia Department of Motor Vehicles also reports that in 2022, there were 2,053 motorcycle crashes in the state, with 111 motorcyclists killed and 1,677 injured.

If you or a loved one has been in a motorcycle accident, you might wonder if the law treats you differently than it would someone driving a car or truck. The short answer: it doesn’t. But motorcycle accidents often come with more serious injuries, which can create more complicated legal challenges.

At Shapiro, Washburn, & Sharp, our experienced Virginia Beach motorcycle accident lawyers understand the unique difficulties that motorcyclists face. We’ve handled countless injury claims involving motorcycles and can help you understand your rights, figure out who was at fault, and pursue compensation for your injuries. Call us today at 833-997-1774 for a free consultation.

Do Motorcyclists Get Treated the Same as Car Drivers Under the Law?

The rules of the road apply to everyone, whether you’re on two wheels or four. Virginia law requires motorcyclists to follow the same traffic laws as car and truck drivers, which means they must obey traffic signals, yield the right of way when appropriate, avoid reckless or distracted driving, etc.

Drivers must respect motorcyclists and share the road responsibly, as they are obligated to do with all other types of vehicles. That means if another driver runs a red light and collides with a motorcycle that was otherwise following the rules of the road, the car driver would be liable for the resulting damages. The fact that the victim was riding a motorcycle doesn’t change the other driver’s responsibility to follow traffic laws and drive safely.

Why Are Motorcycle Injuries Often More Severe?

Motorcyclists often face higher risks of severe injury in accidents for several reasons.

First, a motorcycle leaves the rider more exposed. The bike doesn’t have the protective structure that a car or truck has. Cars have metal frames, airbags, seatbelts, and crumple zones designed to absorb impact and protect passengers. Motorcycles don’t have these kinds of protections in a crash. Riders are exposed to the full impact of other vehicles, the road, and roadside objects.

Second, and relatedly, motorcycles are smaller and lighter than most other vehicles on the road. When a bike collides with a car or truck, the bigger vehicle will usually suffer less damage, while the bike and its rider will bear the brunt of the impact force.

Third, motorcyclists can be thrown from their bikes during an accident. That often leads to additional injuries caused by hitting the ground, sliding across the pavement, or striking other objects. Wearing protective gear like helmets and leather clothing can help, but riders remain vulnerable to serious injuries like broken bones, head trauma, spinal cord injuries, and severe road rash.

Finally, motorcycles are less stable than cars and trucks. The fact that they have only two wheels makes them inherently that way. Even minor impacts or road hazards that wouldn’t bother a car or truck can cause a motorcycle to lose control and crash. Things like potholes, debris, wet pavement, or slight contact with another vehicle can all lead to a serious accident for a motorcyclist.

Are Motorcyclists More Likely to be At Fault?

People sometimes assume that motorcyclists are reckless or dangerous. This can lead to the assumption that, in the event of a collision, the motorcyclist was at fault or had it coming. Images of motorcyclists speeding, weaving through traffic, or performing stunts on television and social media give rise to and reinforce these assumptions. This bias can sometimes influence how insurance companies, juries, and even police officers perceive motorcycle accident cases, which is why having an experienced motorcycle accident attorney on your side is helpful.

The NHTSA states that most multi-vehicle motorcycle crashes occur when other drivers fail to see the motorcyclist. Because motorcycles are smaller than other vehicles, they can be less visible to other drivers, especially in heavy traffic or at intersections. This basic fact doesn’t make them responsible for accidents, though—other drivers remain accountable for paying proper attention and looking out for all types of vehicles on the road.

Motorcyclists are entitled to the same legal protections and compensation rights as any other accident victim. When they’re injured due to another driver’s negligence, they deserve full and fair compensation, just like any car or truck accident victim would receive.

How Do I Prove Negligence in a Motorcycle Accident Case?

You and your motorcycle accident attorney will have to show that the other driver was negligent and that their negligence caused your injuries. First, you have to show that the other driver had a duty to drive safely and follow traffic laws. This is usually straightforward, as all drivers have this basic duty.

Second, you must demonstrate that the other driver breached this duty through their actions or inaction. If they were speeding or failing to yield the right of way, for example, having proof of that action satisfies this requirement. A police report, while not necessarily the end-all be-all, can go a long way in setting the scene of how a collision occurred.

Third, you have to establish that the other driver’s breach of duty directly caused your accident and injuries. In other words, the negligent party’s particular breach of the applicable duty must be the proximate cause of your injuries.

Finally, it’s important to document your damages. These include your medical expenses, lost wages, property damage to your motorcycle, pain and suffering, and other costs related to your injuries. Your attorney can help make sure you include all damages involved.

How a Motorcycle Accident Attorney Can Help

After a crash, you may be facing medical bills, physical pain, multiple surgeries and other treatments, and confusion about what to do next. Our experienced motorcycle accident lawyers at Shapiro, Washburn, and Sharp can help, as we did for the family of a young Navy servicemember who was hit and killed by a truck driver who failed to yield. We helped negotiate a $1.85 million settlement for his family.

Contact us at our offices in Virginia Beach, Portsmouth, Norfolk, Suffolk, Hampton, Chesapeake, and Kitty Hawk, North Carolina.