Why Virginia Insurance Companies Often Blame Motorcyclists After Crashes

 Posted on October 27, 2025 in Car & Truck Accidents

Insurance companies know that motorcycles are fast, loud, and sometimes risky. It makes them easy to blame when they are involved in an accident, even when the evidence says otherwise. In many cases, it is distracted or careless drivers who fail to see motorcycles on the road and cause crashes.

If you were hurt in a wreck, you may have a battle with the insurance company ahead of you. The Haymarket, VA motorcycle accident lawyers at Parthemos, Curran, Buelow and Polizzi, PLLC can help you push back against their unfair tactics and demand fair compensation.

Is It True That Motorcyclists Are More Likely To Blame for Accidents?

Often, multi-vehicle motorcycle accidents are caused by car drivers who fail to yield, turn left in front of bikes, or merge without checking blind spots. Unfortunately, insurers often assume you were speeding or riding recklessly just because you were on a motorcycle.

That assumption is not supported by the law. Virginia courts decide fault based on facts, not stereotypes. Under Va. Code § 46.2-852, a driver who operates a vehicle recklessly or without proper control can be held legally responsible for resulting injuries. The same rule applies to motorcyclists.

How Do Insurance Companies Try To Shift Blame onto Bikers?

After a motorcycle crash, the insurance company may act friendly at first, but their goal is to limit your payout. Insurance companies have a playbook for protecting their profits. Some things they may do to shift the blame to a motorcycle rider include:

• Accusing them of speeding or unsafe maneuvers

• Claiming they did not wear a helmet or reflective clothing

• Suggesting they were distracted or inexperienced

• Downplaying the other driver’s negligence

• Pushing for a recorded statement from the biker before they hire a lawyer

These tactics are meant to create doubt and reduce what they owe you. However, Virginia law holds every driver to the same duty of care. For example, drivers must properly signal before turning or changing lanes. When they fail to do so and hit a motorcyclist, they are at fault.

How Does Virginia’s Contributory Negligence Law Affect Motorcycle Claims?

Virginia is one of the few states that follows the "pure contributory negligence" rule. This means that if you are found even one percent responsible for the crash, compensation is not available to you. Insurance companies know this and will look for the smallest mistake that they can use to justify denying your claim.

For this reason, your evidence must be strong. Photos, witness statements, and police reports can help show that you followed the rules and the other driver did not. An experienced attorney can gather this evidence and ensure that you request all recoverable damages available to you.

Contact a Prince William County, VA Motorcycle Accident Lawyer Today

Being blamed for a crash you did not cause is frustrating, especially when you are dealing with the physical, financial, and emotional aftermath. The Haymarket, VA motorcycle accident lawyers at Parthemos, Curran, Buelow and Polizzi, PLLC offer aggressive, personal representation for every client. When we take on a case, it means we are ready to fight for it in court. We also have more than 120 years of combined experience standing up to insurance companies.

Our attorneys handle complex cases that other firms turn down. That is how we got our reputation for strong communication, quick follow-up, and high responsiveness. Call 540-662-4222 to contact our team today for a free consultation.