Motorcycle Accidents: What Every Rider Needs to Know About Protecting Their Legal Rights

Motorcycles symbolize freedom and adventure for many riders. Whether you’re cruising down scenic highways or commuting through city traffic, motorcycles offer a sense of exhilaration that’s hard to match. However, with this excitement comes significant risk. Motorcycle accidents can result in severe injuries, financial hardship, and emotional trauma.

In this blog post, we’ll break down everything motorcyclists need to know to protect their legal rights if they are involved in an accident. From understanding common causes and injuries to navigating insurance claims and legal actions, this guide will help ensure you are prepared and protected.

Why Motorcycle Accidents Are Different

Motorcycle accidents are inherently more dangerous than car accidents due to the lack of protection motorcycles provide. Riders are exposed to the elements and have limited shielding from the impact. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 29 times more likely to die in a crash compared to occupants of passenger vehicles.

Because of these elevated risks, motorcyclists often face more severe injuries, including:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Broken bones and fractures
• Road rash and soft tissue damage
• Internal organ injuries

Given the severity of these injuries, it’s crucial to know how to safeguard your legal rights and secure the compensation you may need to cover medical bills, lost wages, and pain and suffering.

Common Causes of Motorcycle Accidents

While some accidents are unavoidable, many result from negligence—whether by other drivers, road conditions, or defective parts. The most common causes include:

1. Distracted Driving

Motorists who are texting, talking on the phone, or adjusting their GPS may fail to notice motorcyclists sharing the road.

2. Left-Turn Collisions

These accidents occur when a vehicle makes a left turn in front of an oncoming motorcycle, often due to misjudging the bike’s speed or failing to see it altogether.

3. Lane Changes

Drivers who fail to check their blind spots or signal properly can sideswipe motorcyclists when changing lanes.

4. Speeding

Excessive speed reduces a driver’s reaction time and increases the severity of crashes.

5. Hazardous Road Conditions

Gravel, potholes, uneven pavement, and debris pose greater risks for motorcycles compared to larger vehicles.

6. Drunk or Impaired Driving

Substance-impaired drivers are more likely to cause serious accidents, including those involving motorcycles.

Immediate Steps to Take After a Motorcycle Accident

Your actions immediately following an accident can make a significant difference in protecting your health and legal case.

1. Seek Medical Attention

Your safety comes first. Even if you feel fine, adrenaline can mask symptoms of serious injuries like internal bleeding or a concussion.

2. Call Law Enforcement

Always report the accident to the police. An official police report will document critical details about the incident, which can support your legal claim.

3. Gather Evidence

If you’re able, collect the following at the scene:

• Photos of the vehicles, injuries, road conditions, and surrounding area
• Contact information for the other driver(s) and any witnesses
• Insurance information from all involved parties

4. Avoid Admitting Fault

Be cautious when speaking to others at the scene. Do not admit fault, even if you think you may have contributed to the accident. Fault determination should be left to law enforcement and legal experts.

5. Notify Your Insurance Company

Promptly notify your insurer about the accident. However, avoid providing a detailed statement until you’ve consulted with an attorney.

Understanding Motorcycle Accident Liability

Liability refers to who is legally responsible for the accident. In many cases, liability may rest with:

• Another driver who acted negligently (e.g., distracted or impaired driving)
• A government entity that failed to maintain safe road conditions
• A manufacturer if a defective part (e.g., brakes, tires) contributed to the crash

It’s also important to understand that some states follow comparative negligence laws, meaning your compensation could be reduced if you’re found partially at fault.

Dealing with Insurance Companies

Insurance companies often attempt to minimize payouts to protect their bottom line. Adjusters may:

• Offer a low initial settlement
• Question the severity of your injuries
• Attempt to shift blame onto you

Before accepting any settlement, it’s advisable to consult with a personal injury attorney who specializes in motorcycle accidents. A lawyer can evaluate whether the offer fairly compensates you for your medical bills, lost income, and non-economic damages like pain and suffering.

The Importance of Legal Representation

Hiring an experienced motorcycle accident attorney provides several advantages, including:

1. Investigating the Accident

Attorneys have the resources to conduct a thorough investigation. They can hire accident reconstruction experts, obtain traffic camera footage, and interview witnesses to build a strong case.

2. Negotiating with Insurers

An attorney will handle all negotiations, ensuring you aren’t pressured into accepting a lowball offer.

3. Pursuing Litigation if Necessary

If a fair settlement can’t be reached, your attorney can file a lawsuit and advocate for you in court.

4. Maximizing Compensation

With legal guidance, you may recover damages such as:

• Medical expenses (past and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage

How Helmet Laws and Protective Gear Impact Your Case

In many states, motorcyclists are required by law to wear helmets. Failing to do so could impact your claim. If you weren’t wearing a helmet and suffered head or facial injuries, an insurer might argue that your injuries could have been mitigated, potentially reducing your compensation.

Wearing other protective gear—such as riding jackets, gloves, and boots—can also protect you physically and may help demonstrate your commitment to safety.

Statute of Limitations: Don’t Miss Your Deadline

Every state imposes a statute of limitations on personal injury claims. This is the legal deadline for filing a lawsuit. If you miss this window, you could lose your right to recover compensation. In most states, this period ranges from one to three years from the date of the accident.

Your attorney will ensure that your claim is filed within the appropriate timeframe.

Final Thoughts: Stay Informed and Be Prepared

No one gets on their motorcycle expecting to be in an accident. But when the unexpected happens, being prepared and knowing your rights can make all the difference. Prioritize your health, gather evidence, and speak with an experienced motorcycle accident attorney to protect your financial future.

At 770GoodLaw, we are dedicated to fighting for injured motorcyclists and helping them navigate the legal process with confidence. If you or a loved one has been involved in a motorcycle accident, contact us today for a free consultation.

Accident?

Our team of experienced car accident professionals is ready to help you assess your case and fight for the compensation you deserve. Don’t let the negligence of others dictate your future–let us be your advocate in this challenging time. Contact us today at 770Goodlaw.