Motorcycle Accident Claims

The Unique Dangers Motorcyclists Face

Motorcyclists are 29 times more likely to die in a crash per mile traveled than passenger car occupants, according to NHTSA data. The absence of an enclosed protective structure means that riders absorb the full force of impact, frequently resulting in traumatic brain injuries, spinal cord damage, road rash requiring skin grafts, and multiple fractures. Even low-speed motorcycle accidents can produce life-altering injuries.

The most common collision scenario involves a left-turning vehicle failing to see an oncoming motorcycle — accounting for approximately 42% of fatal motorcycle-car crashes. Other frequent causes include vehicles changing lanes into a motorcyclist's path, rear-end collisions at intersections, opening car doors into traffic (dooring), and road hazard conditions that would be minor for a car but catastrophic for a motorcycle.

Overcoming "Biker Bias" in Claims

Insurance adjusters and juries frequently harbor unconscious bias against motorcyclists, assuming they were riding recklessly or accepting risk by choosing to ride. This "biker bias" can reduce settlement offers and jury awards. Countering this bias requires presenting the rider as a responsible, safety-conscious individual — documenting training courses completed, safety gear worn, clean driving records, and the other driver's clear fault.

Witness testimony, dash cam or traffic camera footage, accident reconstruction experts, and police reports that assign fault to the other driver are critical for overcoming bias. An experienced motorcycle accident attorney understands how to frame the case to neutralize prejudice and focus the adjuster or jury on the at-fault driver's negligent conduct.

Helmet Laws and Their Impact on Claims

Helmet laws vary dramatically by state — 18 states require all riders to wear helmets, 29 states require helmets only for riders under a certain age (typically 18 or 21), and 3 states have no helmet law at all. In states without universal helmet mandates, insurance companies may argue that an unhelmeted rider's head injuries were worsened by their choice not to wear a helmet, potentially reducing damages under comparative negligence principles.

Even in states where helmets are not legally required, the failure to wear one can be used as evidence in civil litigation. However, many states have enacted specific statutes prohibiting the use of helmet non-use as evidence of negligence. Understanding your state's specific rules on helmet evidence is critical for case strategy.

Compensation for Motorcycle Injuries

Motorcycle accident claims often involve extensive medical treatment — emergency surgery, ICU stays, multiple reconstructive procedures, and long-term rehabilitation. Compensation includes all medical expenses (past and future), lost income and diminished earning capacity, pain and suffering, scarring and disfigurement, loss of enjoyment of life, and property damage to the motorcycle and riding gear.

Because injuries tend to be more severe than in car-on-car accidents, motorcycle accident settlements and verdicts are frequently in the six- and seven-figure range. Cases involving permanent disability, traumatic brain injury, or wrongful death regularly produce awards exceeding $1 million. Documenting the full scope of how the injuries have changed the rider's daily life is essential for maximizing recovery.