It is nearly always the same collision. A driver turns left across a rider’s path and reports afterwards that he never saw the motorcycle — which is an admission that he failed to look. Proving it matters enormously, because Virginia permits an insurer to end a rider’s claim over the smallest share of blame. Decker Law handles these cases from two offices in Virginia Beach. Call 757-622-3317 for a free consultation.
IN VIRGINIA, A RIDER BEGINS AT A DISADVANTAGE
A motorcycle claim is not a car claim with a different vehicle written on the form. Adjusters turn up already holding a presumption — that the rider was going too quickly, filtering, taking a chance — and in Virginia that presumption is unusually costly. Under our contributory negligence rule, a rider carrying even a slight share of fault recovers nothing at all.
The work therefore happens early, and it is specific. Fix the sight lines at that junction. Document the driver’s failure to yield. Get in front of the rider-at-fault account before it sets in a claim file. The pattern we see most is the left turn — a driver crossing a rider’s path who then reports never having seen the motorcycle. “I never saw the motorcycle” is not a defense. It is an admission, and it can be proven.
Which courthouse hears a rider’s claim depends on how large it is — the Virginia Beach General District Court for smaller damages, the Circuit Court for the rest. Decker Law has worked in both for decades, and the choice shapes the timeline from the first week.
HOW A RIDER’S CLAIM GETS BUILT
The presumption goes first
Rider-was-reckless is an opening bid, not a finding. Taking it apart is where we begin rather than where we finish.
A left turn can be proven
What that driver could see is a measurable fact. Measurements beat impressions, and impressions are all the other side is holding.
The first week settles it
An all-or-nothing fault rule puts the weight on early evidence. Nothing about a scene or a recollection improves by waiting.
WHERE VIRGINIA BEACH RIDERS GO DOWN
Virginia records upwards of two thousand motorcycle crashes each year, and this city takes a heavy share of them — it sees more collisions of every kind than anywhere else in the Commonwealth, 5,272 of them in 2024 alone.
The road layout contributes. Riders here already know Shore Drive — narrow, busy, and unforgiving of a driver who misreads a gap. General Booth Boulevard and Laskin Road carry genuine speed past commercial entrances. At the Oceanfront a rider shares the road with people stepping off the curb and drivers hunting for somewhere to park rather than watching traffic.
Riders here also come off worse. An impact that costs a car a panel costs a rider a reconstructed shoulder, a femur, or a trade. We value the file against what the injury will still be costing in five years, not against what the opening offer covers this month.
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
MEET OUR LAWYERS
Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
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Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
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Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
injury clients represented in Virginia Beach in the last two years
16,000+
injury clients represented since 1995
2
offices in the city, on Haygood Road and in Kempsville
HEAR FROM THE PEOPLE DECKER LAW HAS HELPED
Stephen A.
Cole Roberts gave me the best results I could ask for in my DUI case. He is an attorney that gets the job done! He did exactly what I would think every great lawyer should do and that’s do their best defend me to his fullest potential. I felt at ease because he provided me with high hopes and stayed on top of keeping me informed about the case the whole time. At the end of the day we got the win!
I was very happy with the work Jeff Partington did on my case, and the Decker law firm , confidently and meticulously covering all the details of my case, when we stepped into the courtroom that day, I was glad he was my lawyer. He actually took the time to make sure, i understood and had no questions, thank you for ALL your help.
The BEST!I met Michelle Parker during 2007 when I hired her to handle my mothers estate and affairs. During such a difficult time for us, Michelle Parker has always shown me respect, compassion and kindness. She is very personable, approachable and has a good relationship with the court, clients and other attorneys. Michelle Parker is an outstanding attorney, knows every aspect and is there for you every step of the way.I highly recommend Michelle Parker.
Professionalism, personable, efficiency, and masters of the craft. These are all accurate descriptions of The Decker Law Firm. At each stage of the process, their pragmatic approach kept the goal in sight while being keenly aware of the risks. Though nothing is ever guaranteed, an unusually strong sense of security existed while in their care. Highly recommended. It was a pleasure to work with Peter Decker and the rest of the team.
This law firm is excellent. I had a concealed weapon charge and had attorney Peter Decker III represent me. He is a professional and is well known by the court system. He seemed to be familiar with all the judges and officers which was a plus for me. I had documentation to support my claim but he didn’t even need that. On the trial date, It wasn’t long before they ruled my case nolle prossed(dismissed). I was worried all the way to the court date and he made his work look easy after I hired him only a week before my court date! I would definitely recommend hiring Peter Decker for any legal matter.
Look no further for your attorney!George Neskis represented us recently in a traffic incident. He and the staff at Decker were very responsive and easy to work with. My wife and I were extremely happy with not just the customer service – more importantly, he got us the outcome we hoped for from the case!
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