Motorcyclists have almost no protection in a crash, so even a low-speed collision can cause fractures, road rash or a head injury. Afterwards, riders often face an extra challenge: insurers who assume the rider must have been speeding or weaving.
This guide covers how motorcycle accident claims usually work, common causes, who may be responsible, what evidence helps and why talking to an attorney early is often worthwhile.
What usually causes a motorcycle accident?
The most common cause of motorcycle crashes involving another vehicle is a driver who does not see the motorcycle in time.
- Left-turning vehicles. Drivers turning left across a rider's path at intersections are a leading cause of serious motorcycle crashes.
- Unsafe lane changes. Motorcycles are easy to miss in blind spots, especially on busy highways.
- Opening car doors. 'Dooring' happens when a parked driver opens a door into a rider's path.
- Rear-end collisions. A rider stopped at a light can be thrown from the bike by a distracted driver behind.
- Road hazards. Potholes, gravel, uneven pavement and debris are far more dangerous on two wheels.
- Impaired or distracted drivers. Any driver not paying full attention is a serious risk to riders.
Who can be held liable for a motorcycle accident?
The driver who caused the crash is usually responsible, but road agencies and manufacturers can also be liable.
- Another driver. The most common responsible party — for example, a driver who turned left in front of you.
- A government agency. Dangerous potholes, missing signs or poor road design may support a claim, usually with short notice deadlines.
- A manufacturer. Defective brakes, tires or other parts can lead to a product liability claim.
- A business or employer. If the driver was on the job, their employer may share responsibility.
How fault is shared depends on your state. Most states reduce compensation by your share of fault, while a few bar recovery if you were even slightly at fault. Read how comparative fault works or find your state below.
What damages may be recoverable after a motorcycle accident?
Depending on the facts and your state's laws, a motorcycle accident claim may include the following kinds of losses. No one can promise an amount — every case is different.
- Medical bills. Emergency care, hospital stays, doctor visits, therapy, medication and — in some cases — future treatment.
- Lost wages. Income you missed while recovering, and possibly reduced ability to earn in the future.
- Pain and suffering. Physical pain, emotional distress and the impact on your daily life. Some no-fault states limit this unless injuries meet a threshold.
- Property damage. Repair or replacement of your vehicle and personal property damaged in the crash.
- Out-of-pocket costs. Travel to appointments, help at home, rental cars and similar expenses.
Motorcycle claims often involve serious injuries, so they can include future medical care, physical therapy, scarring and long-term effects on your ability to work. Damage to your bike and riding gear can be part of a property damage claim.
What evidence should I collect after a motorcycle accident?
The best evidence is gathered early — before memories fade and footage is deleted. If you can, collect or keep:
- Photos of the scene, the vehicles, skid marks and your injuries
- Your helmet and riding gear — keep them, do not repair or throw them away
- The police report and the other driver's insurance information
- Witness names and phone numbers
- Any helmet-cam or dashcam footage
- All medical records, bills and photos of healing injuries over time
How long do I have to file a motorcycle accident claim?
Motorcycle accident claims follow the same state deadlines as other injury claims — usually two or three years, but sometimes one. Some states also have rules about helmet use that can affect a claim, so check your state's page.
See the state-by-state deadline overview or choose your state on the state laws page.
When should I talk to a lawyer about a motorcycle accident?
It's usually worth a free consultation if any of these apply to you:
- You were injured and another vehicle was involved
- The insurer is blaming you or saying you were speeding
- You were not wearing a helmet and are unsure how that affects your claim
- Your injuries need surgery, long-term care or keep you off work
Many personal injury attorneys work on contingency, so a consultation usually costs nothing up front. Learn how contingency fees work.