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.
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
MEET OUR LAWYERS
George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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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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Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
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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.
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
Scott S.
Martin Thomas Jr and his paralegal were incredible at getting me my settlement for top dollar. I didn’t have to do anything they made it super easy. Highly suggest for anyone’s attorney needs! I will be telling everyone.
I had the pleasure of being represented by Cole Roberts and he soared above expectations! Facing multiple charges, some being felonies, I was uncertain of my future but Mr. Robert’s assured me thru the whole process that he wasn’t going to let these charges stick and he kept his word. I walked away from court with all charges dismissed! If you need a trustworthy attorney who will fight to the end for you, Cole Roberts and the decker law firm is where it’s at.
I was so nervous, as I sat in the court room, waiting for my case to come up. In strolled Mr. George Neskis, and he approached the front of the room with great confidence. After some talk with the officer who ticketed me, I was called up to the bench, and the case was dismissed. Apparently, Mr. Neskis had found holes in the officer’s report, and the judge kindly agreed to let the case go. Thank God I had such a terrific lawyer, as I would have been intimidated by the whole scene. I was so relieved, and still am, with the results of the case. Thank you, George Neskis!
I called the office to see if I could speak to somebody concerning a question I had helping a family member that was very important and urgent. Joe Rigney returned my call immediately. He was very pleasant and eager to help. Thank you so much.
Attorney Jeff Partington with a few minutes on the phone was able to put all my worries to rest on a car accident from last year my “friend” cause. He gave me the exact defense, citation, and all the information I would need to protect myself in court for nothing more than a few minutes of my time. Super helpful and very knowledgeable and understanding!
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