Motorcycle Accident: How Fault Is Determined and Damages Recovered

Fault in a motorcycle accident is determined by the negligence standard applicable to traffic accident litigation. Contributory negligence and comparative fault rules differ by state. Under comparative fault, a motorcyclist found twenty percent at fault recovers eighty percent of their damages. Under pure contributory negligence, any fault by the rider bars all recovery.

Motorcycle accident counsel investigates the cause of the motorcycle accident and gathers evidence of the other driver's negligence, advises on the comparative fault rules applicable in the state where the crash occurred, and advises on the evidence required to counter insurer assertions of rider negligence or reckless operation.

Road defects cause a significant number of motorcycle crashes. Gravel, uneven pavement, missing guardrails, and improperly designed intersections all create hazards that are particularly dangerous for motorcycles. When a road defect causes a crash, the governmental entity responsible for maintenance may be liable. Government liability claims for road defects require notice within 30 to 180 days in many states. A motorcycle that crashes due to brake failure, tire defect, or a defective component may also give rise to a product liability claim against the manufacturer or parts supplier.

Car accident counsel evaluates road defect claims and the government liability notice requirements applicable to the motorcycle accident, advises on defective equipment and product liability claims against motorcycle manufacturers and parts suppliers, and advises on the strategy for pursuing multiple defendants when a crash involves both driver negligence and road or equipment defects.

Traumatic brain injury is among the most common and most severe consequences of a motorcycle accident. Collision forces can cause diffuse axonal injury, subdural hematoma, and permanent neurological conditions even with a helmet. Spinal cord injuries are also common and can cause permanent paraplegia or quadriplegia. Road rash causes skin loss, deep tissue damage, and permanent scarring. Orthopedic fractures of the femur, tibia, and clavicle require surgical intervention and lengthy rehabilitation.

Orthopedic injury counsel retains medical experts to fully document traumatic brain injury, spinal cord injury, and orthopedic injuries sustained in motorcycle crashes, advises on the life care planning process required to quantify long-term medical costs, and advises on the expert testimony required to establish the causal connection between the crash and the rider's injuries.

Economic damages include past and future medical expenses, lost wages, and lost earning capacity. Non-economic damages include pain and suffering, emotional distress, and loss of consortium. A life care plan establishes the full cost of future medical treatment and long-term care. In cases where the defendant was reckless or intoxicated, punitive damages may also be available.

Compensatory damages counsel quantifies economic and non-economic damages in motorcycle accident cases, retains life care planners and economic experts to establish the present value of future medical expenses and lost earning capacity, and advises on the availability of punitive damages in cases involving reckless or intoxicated defendants.

A motorcycle accident involving an uninsured or hit-and-run driver presents a unique coverage challenge. Uninsured motorist coverage on the rider's own policy fills this gap. Underinsured motorist coverage applies when the at-fault driver's policy limits are insufficient. Medical payments coverage, known as MedPay, pays the rider's medical expenses regardless of fault. Motorcycle riders should review their policy before an accident to understand the coverage available.

Hit and run counsel advises motorcycle accident victims on uninsured motorist and underinsured motorist coverage claims, evaluates the policy limits and coverage stacking options available under the rider's own policy, and advises on MedPay and medical payments coverage as a source of immediate payment for crash-related medical expenses.

Insurance adjusters are trained to minimize motorcycle accident payouts. They retain independent medical examiners who conclude that injuries are not causally related to the crash. These paid-for conclusions are not independent medical evaluations. Insurers often assert that the rider was speeding or lane splitting improperly to exploit bias against motorcyclists. An injured rider who speaks with the at-fault driver's insurer without counsel is providing evidence against their own claim.

Motor vehicle accidents counsel handles insurance claim negotiations for motorcycle accident victims, identifies and counters insurer tactics designed to minimize motorcycle injury claim payouts, and advises riders on the risks of speaking with insurance adjusters without counsel in the aftermath of a serious crash.

Jury bias against motorcyclists is a real litigation challenge. Insurers exploit the perception that riders are reckless, frequently asserting that the rider was speeding or lane splitting improperly. Evidence that refutes these claims must be gathered before it is lost. Accident reconstruction experts analyze skid marks, debris patterns, and vehicle damage to establish the other driver's negligence.

Reckless driving counsel addresses jury bias through targeted voir dire and expert testimony in motorcycle accident litigation, retains accident reconstruction experts to establish the cause of the crash and refute insurer assertions of rider fault, and advises on the trial strategy required to maximize recovery in cases where the defendant faces reckless driving charges.

Valuing a motorcycle accident case requires an honest assessment of injuries, liability strength, and the likely verdict range. A TBI case with strong liability evidence settles for substantially more than one with disputed fault. Government defendants present procedural complexity through notice requirements, immunity doctrines, and damage caps. Preparing for trial requires organizing medical evidence, coordinating expert witnesses, and developing a narrative that explains the crash and its consequences to a jury.

Government liability counsel evaluates the settlement value of a motorcycle accident case and advises on the factors that affect verdict potential, manages the government liability claim process including notice requirements and immunity doctrines, and prepares motorcycle accident cases for trial when the insurer's settlement offer does not reflect the full value of the rider's injuries and losses.