Motorcycle Accident Lawyer: Fault, Evidence, and Compensation Explained

Motorcycle accidents are horrific.

They really are. There’s no nice way to say it. Riders involved in a crash face catastrophic injuries, thousands of dollars in medical bills, and a legal process that seems straight from nightmare.

But here’s the kicker…

Motorcycle accident cases aren’t typical car accident claims. Insurance companies treat them differently. Fault is more likely to be disputed. And without a skilled motorcycle accident lawyer fighting for you, you may end up with far less compensation than you deserve.

If you want to know how motorcycle accident claims work — and how to get the compensation you deserve — read on. We cover everything from how fault is determined to what types of compensation you can actually claim.

Ready? Here we go…

Table of Contents

0.1 Table of contents

1 Motorcycle Accident Cases are Different
2 How Motorcycle Accident Fault is Determined
3 The Evidence That Could Make or Break Your Motorcycle Accident Claim
4 Types of Compensation You Can Pursue After a Motorcycle Accident
5 When to Contact a Motorcycle Accident Lawyer
6 Before You Ride Off Into the Sunset

Motorcycle Accident Cases are Different
How Motorcycle Accident Fault is Determined
The Evidence That Could Make or Break Your Motorcycle Accident Claim
Types of Compensation You Can Pursue After a Motorcycle Accident
When to Contact a Motorcycle Accident Lawyer

Motorcycle Accident Cases are Different

Let’s start with a couple of facts.

Motorcyclists made up 15% of all traffic fatalities in 2023. That may not seem like a lot until you consider that bikes only made up 3% of registered vehicles.

The disparity doesn’t stop there…

Out of all registered vehicles on the road, motorcyclists are 22 times more likely to die when driving per mile traveled. When you factor in all of the passenger vehicles on the road, the risks motorcycle riders face aren’t even close to comparable.

Insurance companies know this. They understand riders injured in a crash are likely to face a lifetime of expenses related to their injuries. They will fight hard to minimize your settlement. That is why having an attorney who specializes in motorcycle accident claims will help you recover the compensation you deserve.

How Motorcycle Accident Fault is Determined

Like car accidents, fault in motorcycle accidents is not always cut-and-dry.

Most states operate under a comparative negligence model. In simple terms this means multiple parties can be found at fault. A rider found to be 20% responsible for the crash would only be eligible for 80% of the calculated compensation.

Here’s the problem…

Insurance adjusters know this and will fight tooth-and-nail to raise that percentage. They’ll cite reasons like:

Speeding or reckless riding behavior
Failure to wear a helmet or other protective gear at the time of the accident
Rider inexperience or operating without a license
Alleged lane-splitting or improper lane change

The list goes on and riders will hear all of it. That is why you should never speak to an insurance company without first consulting your attorney. Anything you say can and will be used to hold you more responsible for the crash.

But don’t let that trick you into thinking drivers always escape fault.

Drivers are often found to be responsible for motorcycle wrecks. In fact, in 2023 46% of two-vehicle fatal crashes with a motorcycle involved another vehicle turning left directly in front of the motorcyclist.

Now that’s negligence.

Of course, holding that driver accountable will require evidence.

The Evidence That Could Make or Break Your Motorcycle Accident Claim

Securing the right evidence is one of the most important steps your attorney will take.

The sooner it’s gathered, the better. Physical evidence doesn’t stick around. Witnesses forget. Dashcam videos are overwritten. A skilled motorcycle accident lawyer Bothell residents trust will know exactly what evidence needs to be secured and how to preserve it.

Typically this evidence includes:

Police reports. The official crash report will likely be the first thing your insurer reviews. If there are errors in the report, your attorney will work to get them corrected immediately.
Photos and videos. Photographs of the crash scene, damage to the motorcycle, injuries sustained, and road conditions are critical. Video footage from nearby businesses or vehicles can also make or break a case.
Medical records. Documentation of injuries suffered in the crash and subsequent medical treatment is used to determine extent of injuries. If there are gaps in treatment, insurers use that as an excuse to lessen the value of your claim. You should always seek medical attention after a motorcycle accident, even if you think your injuries are minor.
Witness information. Eyewitness testimony can support your version of events and dispute false information presented by negligent parties.
Expert witnesses. Accident reconstruction experts use the evidence available to determine how an accident occurred and who was at fault.

Don’t wait to build your case. The longer you wait, the harder it becomes to collect this evidence.

Types of Compensation You Can Pursue After a Motorcycle Accident

You can file a motorcycle accident claim to recover much more than just initial medical bills.

In fact, many riders are surprised by what they can claim as damages. There are two general categories of compensation you may be entitled to recover.

Economic damages refer to financial losses like:

Medical bills and future healthcare costs
Lost income and earning capacity
Rehabilitation and physical therapy costs
Repair or replacement costs for damaged motorcycles and gear

Non-economic damages include things like:

Pain and suffering
Mental anguish and emotional trauma
Loss of enjoyment of life
Loss of consortium (wrongful death claims)

If the accident was caused by someone who showed extreme disregard for the safety of others — like a drunk driver — you may even be able to claim punitive damages. Punitive damages are not tied to any actual losses but are instead awarded to punish the defendant.

Motorcycle crashes are far too common. Over 82,000 motorcyclists were injured in traffic accidents in 2023. Each of those riders could face years of recovery and financial hardship. Make sure your settlement reflects that.

When to Contact a Motorcycle Accident Lawyer

Nervous riders often consider handling claims on their own.

Please don’t.

Insurance companies hire teams of attorneys whose sole job is to pay claimants as little as possible. By representing yourself, you put yourself at a severe disadvantage from the start.

Your attorney will:

Investigate your accident and secure evidence
Deal with insurance companies so you don’t have to
Calculate the full value of your claim
Negotiate with insurers and file a lawsuit if necessary

There’s one more thing. Every state has what is known as a statute of limitations. This is the deadline by which a personal injury lawsuit must be filed. Once that deadline passes, you lose your ability to recover compensation through the courts. Contacting an attorney sooner rather than later guarantees you won’t miss any deadlines.

Before You Ride Off Into the Sunset

Motorcycle accidents are already difficult and stressful. Dealing with the claims process should not add to that.

You deserve compensation if someone else was responsible for your injuries. But — and this is a big but — that compensation isn’t guaranteed. You have to fight for it. That means having the right evidence to support your claim and a motorcycle accident lawyer who knows how to win.

Here’s your quick list: