Motorcycle accidents often result in severe injuries due to a rider’s lack of protection compared to car drivers. If you’ve been in a motorcycle accident, understanding your legal rights is essential to ensure you receive fair compensation for medical bills, lost wages, and other damages.
This guide will help you navigate the motorcycle accident claims process, explain when to hire an attorney, and highlight your rights as a motorcyclist.
Why Motorcycle Accident Claims Are Different from Car Accidents
Motorcycle accident claims are often more complex than car accident claims for several reasons:
✔ Severe Injuries: Riders are more vulnerable to serious injuries, leading to higher medical costs and longer recovery times.
✔ Bias Against Motorcyclists: Many insurance companies and juries assume motorcyclists are reckless, which can affect claim settlements.
✔ Complicated Liability Issues: Determining fault is often more difficult, especially if multiple parties are involved.
Key Legal Rights Every Motorcyclist Should Know
Motorcyclists have the same legal rights as other road users. Understanding these rights can help you build a strong case.
1. The Right to Seek Compensation
If another party is at fault for your accident, you have the right to file a claim for:
✔ Medical expenses
✔ Lost wages
✔ Pain and suffering
✔ Property damage
2. The Right to Legal Representation
You don’t have to handle negotiations alone. A motorcycle accident attorney can protect your interests and fight for fair compensation.
3. The Right to Challenge an Insurance Decision
Insurance companies often deny or reduce motorcycle claims unfairly. You have the legal right to appeal their decision.
4. The Right to File a Lawsuit
If a fair settlement cannot be reached, you can take your case to court to secure the compensation you deserve.
Common Causes of Motorcycle Accidents
Identifying the cause of your accident is crucial for your claim. Some of the most common causes include:
✔Driver Negligence: Car drivers failing to check blind spots or yielding to motorcycles.
✔Distracted Driving: Drivers using phones or not paying attention to the road.
✔Speeding & Reckless Driving: Both motorcyclists and car drivers engaging in unsafe behaviors.
✔Road Hazards: Potholes, wet pavement, and debris can be dangerous for riders.
✔Defective Motorcycle Parts: Mechanical failures due to manufacturer defects.
Steps to Take After a Motorcycle Accident
1. Seek Medical Attention Immediately
Even if you feel fine, some injuries (such as internal bleeding or concussions) may not show symptoms right away. Getting a medical evaluation is crucial.
2. Call the Police & File an Accident Report
A police report serves as official documentation and is valuable when filing an insurance claim.
3. Gather Evidence at the Scene
✔ Take photos of your injuries, the motorcycle, and the accident scene
✔ Collect contact details of witnesses and other drivers
✔ Keep track of medical bills and repair estimates
4. Notify Your Insurance Company
Report the accident as soon as possible but avoid making statements that could be used against you.
5. Consult a Motorcycle Accident Attorney
If your injuries are severe or liability is disputed, hiring a lawyer can strengthen your case and ensure fair compensation.
When to Hire a Motorcycle Accident Attorney
Not all motorcycle accidents require legal intervention, but you should consult an attorney if:
✔ You suffered serious injuries or permanent disability
✔ The insurance company denies or delays your claim
✔ Fault is disputed or the other driver blames you
✔ You were involved in a hit-and-run accident
✔ You are being offered a low settlement
An attorney can negotiate with insurers, gather evidence, and represent you in court if necessary.
➡Speak with a legal expert through Accident Medical Group.
Types of Compensation in a Motorcycle Accident Claim
If you file a motorcycle accident claim, you may be eligible for compensation, including:
✔ Medical Expenses – Emergency room visits, hospital stays, surgeries, therapy, and medication.
✔ Lost Wages – Compensation for days missed from work due to injury.
✔ Future Medical Costs – Long-term medical care, rehabilitation, and assistive devices.
✔ Property Damage – Repair or replacement costs for your motorcycle.
✔ Pain and Suffering – Emotional trauma and reduced quality of life.
✔ Wrongful Death Damages – Compensation for families of riders who lose their lives in accidents.
Understanding Comparative Fault in Motorcycle Accidents
Many states follow comparative fault laws, meaning that if you are partially responsible for the accident, your compensation may be reduced.
✔ Example: If you are found to be 20% at fault, your compensation will be reduced by 20%.
✔ If you are more than 50% at fault, you may be unable to recover any compensation.
This is why having legal representation is crucial to minimize your fault percentage and maximize your claim.
How Long Do You Have to File a Motorcycle Accident Claim?
Each state has a statute of limitations that dictates how long you have to file a claim.
✔ Most states allow two to three years from the accident date.
✔ Claims against government entities may have shorter deadlines.
Failing to file within the statute of limitations means losing your right to compensation.
How Insurance Companies Try to Reduce Motorcycle Accident Payouts
Insurance companies prioritize their profits over your well-being. Here’s how they might try to minimize your claim:
✔ Blaming You for the Accident – Claiming you were speeding or driving recklessly.
✔ Arguing Your Injuries Aren’t Serious – Downplaying your medical conditions.
✔ Using Your Statements Against You – Twisting your words to reduce liability.
✔ Delaying Payouts – Hoping you accept a lower settlement out of desperation.
Having an attorney protects you from these tactics and ensures you receive fair compensation.
Protect Your Rights as a Motorcyclist
Understanding your legal rights after a motorcycle accident is essential for securing fair compensation. If you’ve been injured, don’t wait—seek legal guidance to maximize your claim.
Our attorneys at Accident Medical Group will connect with you to provide relief for your mishap!
FAQs About Motorcycle Accident Claims
How long does a motorcycle accident claim take?
It depends on the complexity of the case. Some claims settle in a few months, while others take a year or more if they go to court.
What if I wasn’t wearing a helmet? Can I still file a claim?
Yes, but your compensation may be reduced if your injuries were worsened due to not wearing a helmet.
What is the average settlement for a motorcycle accident?
Settlement amounts vary based on injuries, medical costs, and liability factors. Severe injury cases often result in higher payouts.
Should I accept the first settlement offer from the insurance company?
No. Initial offers are often lowball settlements. Always consult an attorney before accepting.
