Motorcycle accidents are among the most serious personal injury cases. Without the protection of an enclosed vehicle, motorcyclists suffer catastrophic injuries at rates far higher than car occupants. Yet riders also face unique challenges in the claims process – including insurer bias that can seriously affect their recovery.
The Numbers
Motorcyclists are significantly overrepresented in traffic fatalities relative to miles traveled. When crashes occur, riders are far more likely to suffer serious injuries including traumatic brain injuries, spinal cord injuries, road rash, and fractures.
Unique Challenges for Motorcyclists
Insurance Company Bias
Insurers and juries can hold negative stereotypes about motorcyclists – associating them with reckless driving. Even in accidents clearly caused by another driver, adjusters may attempt to shift more blame onto the rider. An experienced motorcycle accident attorney knows how to counter this bias with evidence.
Helmet Laws and Comparative Fault
Whether you were wearing a helmet at the time of the accident can affect your claim in states with helmet laws. If your state requires helmets and you were not wearing one, the insurer may argue your injuries would have been less severe – potentially reducing your recovery under comparative fault rules.
Under-Insured Drivers
Many drivers carry only the minimum required insurance, which may not be nearly enough to cover serious motorcycle accident injuries. Having your own uninsured/underinsured motorist (UM/UIM) coverage is critical protection for riders.
What to Do After a Motorcycle Accident
Call 911; seek immediate medical attention; document the scene thoroughly (photos, witness information); keep your damaged helmet and gear – they are evidence; and consult a personal injury attorney before giving any statement to the other driver’s insurer.
What Compensation Can You Recover?
Motorcycle accident victims can seek compensation for: all medical expenses (emergency care, surgery, rehabilitation, future care); lost wages and lost earning capacity; motorcycle repair or replacement; pain and suffering; emotional distress; and in cases of wrongful death, the full range of damages available to surviving family members.
Because motorcycle accident cases are often high-value and bitterly contested, having an experienced personal injury attorney is particularly important.