Motorcyclists Are Routinely Undercompensated
Motorcyclists are 29 times more likely to die in a traffic crash than occupants of passenger vehicles, according to NHTSA. And yet, when motorcyclists pursue insurance claims, they frequently face an uphill battle. Insurance adjusters and juries often harbor bias — consciously or not — that motorcyclists were riding recklessly. A strong claim anticipates and counters this bias with evidence.
The Most Common Causes of Motorcycle Accidents
- Left-turn collisions: A car turning left across an intersection fails to yield to an oncoming motorcycle — the number one cause of fatal motorcycle accidents
- Lane changes: Drivers failing to check blind spots before merging
- Rear-end collisions: Drivers following too closely or distracted
- Door zone accidents ("dooring"): A parked motorist opens a door into a passing motorcyclist
- Road hazards: Gravel, potholes, oil slicks, and uneven pavement that are far more dangerous to a two-wheeled vehicle
What Insurance Companies Will Argue
Even when the other driver clearly caused the crash, expect these tactics:
- "The motorcyclist was speeding" — even if the posted limit was followed
- "The motorcycle was hard to see" — implying the rider was at fault for being struck
- "The rider wasn't wearing a helmet" — used to reduce damages for head injuries in states where helmet use affects compensation
- "The motorcycle wasn't street legal" — equipment or licensing challenges
Your attorney's job is to prove the other driver's negligence was the proximate cause and that any alleged rider conduct was not a contributing factor — or not sufficient under your state's comparative fault rules to reduce recovery.
Damages in Serious Motorcycle Accidents
Motorcycle accidents frequently cause devastating injuries: traumatic brain injury, spinal cord damage, road rash requiring skin grafts, multiple fractures, and amputations. The full picture of damages includes:
- Emergency care, hospitalization, and surgery
- Rehabilitation and long-term care
- Adaptive equipment and home modifications
- Lost wages and future earning capacity
- Pain and suffering, permanent disability
- Loss of enjoyment of life
Catastrophic motorcycle injury cases can easily reach seven-figure valuations — but only if properly documented with life care planners, vocational economists, and medical experts.
Helmet Use and Your Claim
Helmet laws vary by state. Where helmet use is not legally required, a defendant cannot typically use helmet non-use to reduce damages unless they prove it directly caused the head injury. Where helmets are required, non-compliance may be used as evidence of contributory or comparative negligence. Always follow your state's helmet laws, and wear one regardless — your life is worth more than the argument.
Preserving Evidence After a Motorcycle Crash
- Do not move the motorcycle until police have documented the scene
- Photograph the road surface, debris, skid marks, and vehicle positions
- Preserve damaged gear (helmet, jacket, gloves) — these show force of impact
- Request dashcam footage from nearby vehicles and businesses immediately
- Get the accident report and contact information for all witnesses
- Do not give a recorded statement to the adverse insurer
Why Motorcycle Cases Benefit from Experienced Attorneys
Reconstructing a motorcycle accident often requires an accident reconstruction expert and biomechanical analysis. The damages in serious cases require a life care planner and vocational economist. Insurance companies assign experienced adjusters to motorcycle claims specifically because they know riders are often underrepresented. An attorney who handles serious motorcycle injury cases brings the same level of sophistication to the claim.
Frequently Asked Questions
What if I wasn't wearing a helmet and suffered a head injury?
In states with comparative fault, non-helmet use can reduce your recovery for head injury damages if the defendant proves the helmet would have prevented the specific injury. Your attorney can challenge the causation argument or minimize the fault allocation.
Can I recover if the at-fault driver claims I was lane-splitting?
Lane-splitting (riding between lanes of stopped or slow traffic) is legal in California but illegal in most other states. If it's illegal in your state, it can be used as evidence of negligence. Whether it reduces or bars recovery depends on your state's comparative fault rules.
The other driver's insurance offered me a quick settlement. Should I take it?
Almost certainly not — at least not without medical evaluation. Motorcycle injuries frequently present delayed symptoms (spinal injuries, internal trauma, TBI). A quick settlement offer before you know your full injuries is designed to close the claim cheaply. Consult an attorney first.
Can I recover for my damaged motorcycle gear and equipment?
Yes. Damaged or destroyed protective gear (helmet, jacket, gloves, boots) is property damage you can claim. Your gear may have also saved your life, and documenting its damage can help establish the severity of the impact.