Motorcycle Accidents: Understanding Your Rights and Risks

The Disproportionate Danger of Motorcycling

Motorcyclists represent a small percentage of registered vehicles but account for a disproportionately large share of traffic fatalities. According to NHTSA data, motorcyclists are approximately 28 times more likely than passenger car occupants to die in a traffic crash per vehicle mile traveled. When serious accidents occur, injuries are severe — traumatic brain injuries, spinal cord injuries, road rash, and orthopedic trauma are common.

Unique Legal Challenges for Motorcyclists

Anti-Motorcycle Bias

One of the most significant challenges motorcyclists face in personal injury cases is the perception among some insurance adjusters — and some jurors — that motorcyclists are inherently reckless. This bias can affect how comparative fault is assessed and how claims are valued. Countering this bias requires compelling evidence and effective advocacy.

Helmet Laws and Damages

Most states require motorcycle helmets by law. In states with helmet laws, not wearing a helmet can be used to reduce your damages under comparative fault principles — particularly for head injuries. In states without helmet requirements, the defense may still argue that failure to wear a helmet constitutes assumption of risk or contributory negligence.

Lane Splitting

Lane splitting — riding between lanes of slow or stopped traffic — is legal only in California among US states. In other states, lane splitting may be considered negligence per se, which can significantly affect fault determination.

Common Causes of Motorcycle Accidents

Left-turn collisions — cars turning left fail to see or yield to oncoming motorcycles
Rear-end collisions by inattentive drivers
Lane changes without checking blind spots
Dooring — car occupants opening doors into a motorcyclist's path
Road hazards (potholes, debris, gravel) that are minor for cars but dangerous for bikes
Drunk or impaired driving by other motorists

Proving Fault in a Motorcycle Accident

Motorcyclists often face initial presumptions that they were speeding or riding recklessly, even without evidence. Establishing fault requires strong evidence:

Police reports and any citations issued to the other driver
Witness statements from independent observers
Surveillance footage from nearby cameras
Black box data if available
Accident reconstruction expert testimony
Photos from the scene documenting vehicle positions and road conditions

Insurance Challenges for Motorcyclists

Motorcycle insurance coverage requirements vary by state. Some states require only minimal liability coverage. Riders who don't carry substantial UM/UIM coverage are particularly vulnerable when struck by an uninsured or underinsured driver — a scenario that unfortunately is common.

Injuries Common to Motorcycle Accidents

Traumatic brain injury (TBI), even with helmet use
Road rash (abrasion injuries that can range from minor to life-threatening)
Spinal cord injuries and paralysis
Broken bones — particularly arms, legs, and pelvis
Internal injuries
Psychological trauma and PTSD

These injuries often require extensive medical treatment, long recovery periods, and significant future care costs — all of which should be accounted for in any settlement evaluation.

If you were injured in a motorcycle accident, check your eligibility for assistance here.

Frequently Asked Questions

Can I recover compensation even if I wasn't wearing a helmet?

In most comparative fault states, yes — but your recovery for head injuries may be reduced proportionally. An attorney can assess how helmet status affects your specific claim under your state's laws.

What if the other driver says they didn't see me?

'I didn't see you' is one of the most common defenses in motorcycle accident cases — but failing to see a motorcycle does not eliminate liability. Drivers have a duty to maintain a proper lookout for all vehicles, including motorcycles.