Two Wheels, Different Claim: Car vs. Motorcycle Accidents

Common Causes of Motorcycle Accidents

Motorcycle accidents stem from specific risk factors tied to the vehicle’s design and visibility challenges on the road. These factors make motorcyclists particularly vulnerable to unique accident types that rarely affect car drivers:

• Left-turn accidents: A substantial number of motorcycle crashes involve a vehicle making a left turn in front of an oncoming motorcycle. Due to the motorcycle’s smaller size, drivers of cars may not see them or misjudge their speed, often resulting in severe injuries or fatalities. When the driver fails to yield, this type of accident can significantly impact liability in a personal injury lawsuit
• Lane splitting: Lane splitting—riding between slow-moving or stopped traffic lanes—is a common practice for motorcyclists in some states. However, it requires proximity to other vehicles, increasing the risk of collision, particularly when drivers aren’t anticipating a motorcycle passing so closely. Where lane splitting is illegal, proving fault in these accidents can be more challenging
• Reduced visibility: Motorcycles are harder to spot, especially in a driver’s blind spot. This is especially problematic during lane changes or merges, where car occupants may fail to notice a nearby motorcycle. Limited visibility makes these accidents common and often leads to serious injuries for riders
• Road conditions: Road hazards that pose minimal car risks—such as potholes, gravel, or wet conditions—can be dangerous for motorcyclists. In many cases, unexpected debris or wet roads can lead to severe motorcycle accident injuries and loss of control, impacting liability considerations and the settlement process

These accident causes shape the overall claims process, as determining fault often requires analyzing visibility issues, road conditions, and specific risks associated with motorcycles.

Motorcycle-Specific Laws & Regulations

Motorcyclists are subject to laws that differ from those for standard vehicle laws, impacting how accident claims are processed. Awareness of these laws is essential, as they impact fault determination and can shape the eligibility for compensation.

Helmet laws

Helmet requirements vary widely by state, with some mandating universal helmet use and others having limited requirements. In states with mandatory helmet laws, not wearing a helmet can reduce or even negate compensation for head injuries. Conversely, in states without mandatory helmet laws, the absence of a helmet may not affect the claim but could still influence an insurer’s view of the case.

Lane splitting

Legal in only a few states, such as California, lane splitting can be a polarizing issue in accident claims. Where it is legal, factors like speed and proximity to other vehicles may still impact fault. Where it’s illegal, insurers and courts may view lane splitting as inherently reckless, complicating the claims process for riders.

Licensing and safety requirements

Motorcyclists are typically required to hold a specific motorcycle endorsement or license and a standard driver’s license. Additionally, many states mandate safety features on motorcycles, such as mirrors, headlights, and reflectors. Compliance with these requirements can strengthen a claim by showing that the motorcyclist took all necessary precautions.

Key Differences in Motorcycle Accident Claims

Motorcycle accident claims differ from car accident claims primarily due to the severity of injuries, the limitations of insurance coverage, and societal biases that affect how claims are evaluated and settled.

Injury severity

Due to motorcycles' limited protection, riders are more susceptible to severe injuries than passenger vehicle occupants. Motorcycles lack structural safety features like seatbelts and airbags, exposing riders to impacts fully. Common injuries include:

• Traumatic brain injuries (TBIs): Despite helmet use, motorcyclists face a high risk of brain injuries that can lead to lasting cognitive and physical impairments, often increasing the complexity and cost of claims
• Road rash: Caused by sliding across the pavement, severe road rash can result in infections and scarring, delaying recovery
• Spinal cord injuries: Due to the force of impact in motorcycle accidents, spinal injuries can lead to partial or total paralysis, resulting in extensive medical care and rehabilitation needs
• Wrongful deaths: Severe injuries in motorcycle accidents can tragically result in fatalities, necessitating wrongful death claims that consider long-term losses for surviving family members

These severe injuries not only increase the medical costs involved in the claim but also elevate the need for compensation that reflects the rider’s long-term care requirements and loss of quality of life.

Insurance differences for motorcycle riders

Insurance policies for motorcycles and passenger vehicles differ significantly, with motorcyclists facing tougher hurdles in filing motorcycle injury claims. 

• No-fault exclusion: In some states, no-fault insurance systems allow drivers to file claims with their insurers regardless of fault. However, motorcyclists are frequently excluded from these systems, meaning they must prove fault to obtain compensation for medical expenses and lost wages
• Higher premiums: Motorcycle insurance tends to be more expensive than car insurance and may come with lower coverage limits. Additionally, motorcyclists often need to purchase additional coverage, such as medical payments or uninsured motorist protection, to bridge gaps in basic insurance policies
• Limited coverage: Standard motorcycle insurance may not cover all damages, including property damage or long-term medical expenses resulting from more severe injuries

Unfair bias and proving fault

Motorcyclists frequently encounter bias in accident claims, which can impact their ability to receive fair compensation. Insurance adjusters, and sometimes juries, often hold preconceived notions that motorcyclists are risk-takers or reckless, regardless of the circumstances of the accident. This bias can reduce the amount of compensation awarded to an injured motorcyclist.

This bias might manifest in insurance adjusters questioning the rider’s actions or attempting to attribute partial responsibility to the motorcyclist, even when they were not at fault. For example, an adjuster might argue that the rider was speeding or engaged in unsafe behaviors, diminishing the payout. Therefore, it is crucial for motorcyclists to gather compelling evidence—such as witness statements, police reports, and, where available, video footage from traffic or dash cameras. By clearly demonstrating safe riding behavior, motorcyclists can challenge these biases and strengthen their cases.

Calculating the Full Value of a Motorcycle Accident Claim

Determining the value of a motorcycle accident claim is a complex process that requires thorough analysis of various cost factors, which can be substantially higher than in car accident claims:

• Medical expenses: This includes emergency medical treatment, hospitalization, ongoing therapy, and costs associated with surgeries or assistive devices needed for recovery
• Lost wages and reduced earning capacity: Serious injuries can lead to reduced ability to work immediately and in the long term. Compensation should cover immediate lost wages and any long-term impact on career prospects or earning capacity
• Pain and suffering: Due to the often severe injuries involved in motorcycle accidents, compensation for pain and suffering can be substantial, considering physical pain and emotional distress
• Property damage: Motorcycles are often damaged beyond repair in serious accidents, and compensation should account for repair or replacement costs, especially for custom-built or modified motorcycles

Calculating these damages accurately requires professional input from medical experts and financial analysts to ensure fair compensation. Legal guidance is critical to fully accounting for these elements.

Why Is Finding the Right Legal Representation Important?

Due to the complexities of motorcycle accident claims, securing skilled legal representation is essential. Experienced motorcycle accident attorneys specialize in handling these unique challenges, advocating for fair treatment, and maximizing compensation. Here’s how an attorney can assist:

Evaluation of the case and damages

Before diving into negotiations or evidence collection, a skilled attorney will comprehensively evaluate the claim. This involves analyzing every aspect of the accident, injuries, medical treatments, and financial impacts to create a full picture of the damages involved. An attorney will work closely with medical professionals, accident reconstruction experts, and financial analysts to accurately assess all areas of compensation, including ongoing medical needs, lost income, and non-economic damages like pain and suffering.

Negotiate with insurance companies

Insurance companies often start with lower settlement offers, banking on the hope that accident victims will accept less than they’re owed, especially in cases involving motorcycles. A seasoned attorney understands insurance tactics and will negotiate assertively for a fair settlement that includes all costs associated with the accident.

Present evidence to counteract bias

Preconceived notions about motorcyclists can sometimes unfairly influence insurance companies and, potentially, a jury. Many people mistakenly believe motorcyclists are inherently more reckless, and insurance adjusters may use this stereotype to reduce settlement offers.

Handle filing and legal complexity

The legal process for accident claims involves multiple procedures, including filing claims, submitting documentation, and adhering to strict deadlines. An experienced attorney handles these logistical details, ensuring all necessary paperwork is completed accurately and submitted on time. By managing these responsibilities, the attorney prevents procedural errors that could jeopardize the claim and allows the client to focus on recovery.

Conclusion

Motorcycle accident claims involve severe injuries, specific legal requirements, insurance challenges, and potential biases. Motorcyclists must navigate unique accident risks, follow state-specific laws, and prove their claims with clear evidence to counter misconceptions. These elements contribute to the higher compensation needs often required to cover extensive medical care, lost wages, and long-term recovery. 

At YourAccident.com, we understand the struggles following a motorcycle accident. Connecting with a lawyer from our network gives you access to a free consultation, helping you assess your case and understand the best path forward. We aim to ensure you have the legal support needed to pursue fair compensation, providing a compassionate and straightforward way to navigate the claims process.