Motorcycle Accident

Motorcyclists face extreme vulnerability on the road — and persistent bias that demands skilled legal advocacy to overcome.

Motorcycle accidents produce catastrophic injuries at rates far exceeding those of enclosed vehicle crashes because motorcyclists lack the structural protection, airbags, and restraint systems that protect passenger vehicle occupants. Road rash, traumatic brain injury, spinal cord damage, pelvic fractures, and amputations are common outcomes of motorcycle crashes, even at moderate speeds. Despite this vulnerability, motorcyclists face a persistent cultural bias in personal injury litigation — some jurors and insurance adjusters assume that motorcyclists are inherently reckless or at fault, a prejudice that skillful legal advocacy must actively counter. The primary liability issues in motorcycle accidents typically involve drivers who fail to see motorcycles in their blind spots, who make left turns across oncoming motorcycle traffic, who open doors into motorcycle lanes, or who follow motorcycles too closely and cause rear-end collisions. Motorcycle accidents also arise from road hazards that would be trivial in a car but dangerous for two-wheeled vehicles — sand, gravel, railroad tracks at angles, pavement gaps, and unmarked construction transitions. Helmet laws affect motorcycle accident claims in states where wearing a helmet is required: failure to wear a helmet can reduce non-economic damages through comparative negligence even when a helmet would not have prevented the type of injury sustained. Lane-splitting legality varies by state, affecting liability analysis in cases where the motorcyclist was lane-splitting at the time of the crash. Settlement values in serious motorcycle accidents are among the highest in personal injury law, reflecting the severity and permanence of typical injuries.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Common Causes

• •Driver failing to see a motorcycle when making a left turn across oncoming traffic
• •Driver failing to check blind spots before changing lanes into a motorcyclist's path
• •Driver opening a vehicle door into the motorcycle's travel lane
• •Road hazards — gravel, sand, pavement seams — that destabilize two-wheeled vehicles
• •Driver following too closely and failing to stop in time when the motorcyclist brakes

Who Can Be Sued

Liability in a motorcycle accident case may extend beyond just the primary at-fault party. Identifying all potentially liable defendants is one of the most important functions of an experienced personal injury attorney.

1. 1The at-fault vehicle driver who struck or cut off the motorcyclist
2. 2The employer of a driver who was on work travel at the time of the crash
3. 3A government entity responsible for road hazards that caused the crash
4. 4A vehicle manufacturer if a mechanical defect on either the motorcycle or the car contributed

Key Legal Facts