A motorcycle accident can happen in seconds, but the consequences can last for years. Serious crashes may result in broken bones, spinal cord injuries, traumatic brain injuries, permanent disabilities, expensive medical treatment, and lost income.
If another driver’s negligence caused your motorcycle accident, you may have the right to seek compensation. However, dealing with insurance companies and determining who is legally responsible can be difficult, especially when your injuries are serious.
Finding the best motorcycle accident lawyer for your situation can make the legal process easier and help you understand your options.
Why Motorcycle Accident Cases Can Be Complicated
Motorcycles provide considerably less physical protection than passenger vehicles. NHTSA notes that motorcycles are smaller and less visible to other drivers and lack the protective structure found in cars.
The latest finalized national data also highlights the severity of motorcycle crashes. In 2023, 6,335 motorcyclists were killed in traffic crashes and an estimated 82,564 were injured. The motorcycle fatality rate per vehicle miles traveled was nearly 28 times the rate for passenger-car occupants.
After an accident, an injured rider may face not only physical recovery but also medical bills, lost wages, motorcycle damage, insurance disputes, and uncertainty about the future.
That is where an experienced motorcycle accident attorney may help.
What Does a Motorcycle Accident Lawyer Do?
A motorcycle accident lawyer represents injured riders in claims involving crashes caused by another party’s negligence.
Depending on the circumstances, an attorney may:
- Investigate the accident
- Review police and accident reports
- Gather photographs and video evidence
- Interview witnesses
- Examine medical records
- Calculate financial losses
- Communicate with insurance companies
- Determine potentially responsible parties
- Negotiate a settlement
- File a lawsuit when appropriate
- Represent the injured person in court
A lawyer can also help explain how your state’s laws may affect your claim.
When Should You Hire a Motorcycle Accident Lawyer?
You do not necessarily need an attorney for every minor motorcycle accident. However, legal representation may be particularly valuable when:
- You suffered serious injuries
- You required hospitalization
- You cannot work because of the accident
- Your injuries may be permanent
- Another driver disputes responsibility
- The insurance company denies your claim
- Multiple vehicles were involved
- A commercial vehicle was involved
- Your motorcycle was significantly damaged
- The accident resulted in a fatality
- You are being pressured to accept a settlement
The sooner you obtain legal advice after a serious accident, the more opportunity there may be to preserve evidence and investigate what happened.
How to Find the Best Motorcycle Accident Lawyer
Choosing a lawyer should involve more than searching for the firm with the biggest advertisement.
1. Look for Motorcycle Accident Experience
Personal injury law is broad. A lawyer who regularly handles motorcycle accident cases may understand the specific issues that commonly arise in these crashes.
Ask how frequently the attorney handles motorcycle accident claims and whether they have experience with cases involving serious injuries.
2. Check Their Local Experience
Laws differ from state to state. Look for an attorney licensed to practice in the jurisdiction where your claim will be handled.
A local lawyer may also understand relevant court procedures, insurance practices, and state-specific deadlines.
3. Ask About Their Investigation Process
A strong motorcycle accident case often depends on evidence.
Ask whether the firm will investigate:
- Traffic-camera footage
- Dashcam video
- Police reports
- Witness statements
- Vehicle damage
- Road conditions
- Accident reconstruction
- Medical records
- Cellphone evidence when legally obtainable
- Insurance coverage
The right evidence can help establish how the crash occurred and who was responsible.
4. Understand the Fee Arrangement
Many personal injury attorneys work on a contingency-fee basis. This generally means the attorney receives a percentage of a recovery rather than charging a traditional hourly fee.
However, agreements vary.
Before hiring a lawyer, ask about:
- The attorney’s percentage
- Case expenses
- Expert-witness costs
- Court costs
- What happens if the case is unsuccessful
Always read the representation agreement carefully.
Common Causes of Motorcycle Accidents
Motorcycle crashes can have many causes. Some common examples include:
Distracted Driving
Drivers looking at phones, navigation systems, passengers, or other distractions may fail to notice motorcycles.
Failure to Yield
A driver turning across a motorcycle’s path or entering an intersection without yielding can cause a serious collision.
Unsafe Lane Changes
Because motorcycles are smaller than cars and trucks, drivers may fail to notice them when changing lanes.
Speeding
Excessive speed can reduce reaction time and increase the severity of a crash.
Drunk or Drug-Impaired Driving
Impaired drivers may have slower reaction times, poor judgment, and reduced awareness.
Dangerous Road Conditions
Potholes, debris, inadequate signage, poor road maintenance, and other hazards can contribute to motorcycle crashes.
What Compensation Can You Recover After a Motorcycle Accident?
The value of a motorcycle accident claim depends on the facts of the case, the severity of the injuries, available insurance coverage, and applicable state law.
Potential compensation may include:
- Emergency medical expenses
- Hospital bills
- Rehabilitation costs
- Prescription expenses
- Lost wages
- Loss of future earning capacity
- Motorcycle repair or replacement costs
- Pain and suffering
- Emotional distress
- Permanent impairment
- Disfigurement
- Other legally recoverable damages
Not every claim qualifies for every category of damages. A lawyer can evaluate the circumstances and explain what may be available.
What Should You Do After a Motorcycle Crash?
Your actions immediately after a crash can be important.
Get Medical Attention
Seek medical care even if your injuries initially seem manageable. Some injuries may not become obvious immediately.
Report the Accident
Contact the appropriate authorities and make sure the accident is documented.
Collect Evidence
If your condition allows, photograph the vehicles, road conditions, traffic signs, visible injuries, and surrounding area.
Get Witness Information
Collect names and contact information from people who witnessed the crash.
Keep Medical Records
Save bills, medical reports, prescriptions, rehabilitation records, and other documents related to your injuries.
Avoid Admitting Fault
Be factual when discussing the accident, but avoid making statements such as “the accident was my fault” before the circumstances have been fully investigated.
Be Careful With Insurance Companies
An insurance adjuster may ask questions or request a recorded statement. Before accepting a settlement or signing documents that could affect your rights, consider speaking with a motorcycle accident lawyer.
How Much Is a Motorcycle Accident Case Worth?
There is no universal settlement amount for motorcycle accidents.
Two crashes that appear similar can have completely different values because of differences in injuries, insurance coverage, medical expenses, income loss, long-term disability, and other factors.
For example, a rider who suffers a temporary injury may have a very different claim from someone who suffers a permanent spinal injury and cannot return to their previous occupation.
A reputable lawyer should be cautious about promising a specific dollar amount before investigating the case.
Motorcycle Accident Lawyer FAQs
How much does a motorcycle accident lawyer cost?
Many personal injury lawyers use contingency-fee arrangements, but the exact percentage and expenses vary. Ask for the fee agreement in writing before hiring an attorney.
Can I sue if the other driver says I caused the accident?
Possibly. The fact that another driver blames you does not automatically determine legal responsibility. Evidence such as photographs, witness statements, vehicle damage, traffic footage, and accident reports may help establish what happened.
What if I was not wearing a helmet?
Helmet laws and their effect on an injury claim vary by state. Not wearing a helmet does not automatically answer every question about who caused the collision, but it can affect certain aspects of a claim depending on applicable law.
Should I accept the insurance company’s first settlement offer?
Do not assume the first offer represents the full value of your claim. Consider your medical treatment, future expenses, lost income, and other damages before accepting a settlement.
How long do I have to file a motorcycle accident lawsuit?
The deadline depends on the jurisdiction and the type of claim. Statutes of limitations can be strict, so contacting an attorney promptly is important.
Final Thoughts
A motorcycle accident can change your life in an instant. If another person’s negligence caused your injuries, you may have legal options for recovering compensation.
The best motorcycle accident lawyer is not necessarily the firm with the most advertisements or the biggest promises. Look for an attorney with relevant motorcycle accident experience, strong communication, local knowledge, and a clear approach to investigating your case.
Before signing a settlement agreement, make sure you understand what you may be giving up. If you have suffered significant injuries, consulting a qualified personal injury attorney can help you understand your rights and the potential next steps.
Legal Disclaimer: This article is for general informational and educational purposes only and does not constitute legal advice. Laws governing motorcycle accident claims vary by state and individual circumstances. No attorney-client relationship is created by reading this article. If you have been injured in a motorcycle accident, consider consulting a qualified attorney licensed in the appropriate jurisdiction.