Motorcycle Accidents

A motorcycle accident is a collision involving a motorcycle that results in injury, property damage, or death. A motorcycle accident often involves heightened risk because a rider has limited protection compared to someone inside a car. The limited protection means even a low speed collision can cause serious injury to the rider. The heightened risk also means a motorcycle accident claim often involves higher medical costs and more severe long term injuries than a typical car accident. A rider struck by a car turning left at an intersection may suffer serious injuries even at a moderate speed.

What are Motorcycle Accidents in Legal Terms?

A motorcycle accident in legal terms is an incident involving a motorcycle that causes harm to a person or property. A motorcycle accident in legal terms includes any collision, loss of control, or road hazard incident involving a motorcycle. The incident may lead to a personal injury claim against a driver, another rider, or a government entity responsible for road conditions. The personal injury claim can also include a claim against a motorcycle manufacturer when a mechanical defect contributed to the crash. A motorcycle accident caused by a pothole on a poorly maintained road may create a claim against the government agency responsible for road repairs.

What Laws Apply to Motorcycle Accidents?

Motorcycle accidents are governed by standard traffic laws and personal injury laws. Motorcycle accidents fall under the same traffic laws that apply to any vehicle on the road. The applicable rules also include specific helmet and safety equipment regulations that vary by state. A rider's compliance with helmet and safety laws can affect the outcome of a personal injury claim in some states. A rider injured while wearing a required helmet may have a stronger claim than a rider who violated the state's helmet law at the time of the crash.

Are Motorcycle Accidents considered Personal Injury Cases?

Yes, motorcycle accidents are considered personal injury claims when the crash causes physical harm to a rider. Motorcycle accidents are treated as personal injury claims because the rider suffers physical harm connected to another party's conduct. The classification allows a rider to seek compensation for medical bills, lost wages, and pain from the injury. The classification also allows a rider to work with a personal injury attorney who manages the claim through the civil court system. A rider struck by a distracted driver may file a personal injury claim seeking compensation for hospital bills and time away from work.

What are the Different Types of Motorcycle Accidents?

Motorcycle accidents commonly fall into four recognized types of collisions.

1. Lane splitting accidents. Lane splitting accidents occur when a motorcycle rides between lanes of slow or stopped traffic and gets struck.

2. Head on collisions. Head on collisions happen when a motorcycle and another vehicle crash while traveling in opposite directions unexpectedly.

3. Rear end accidents. Rear end accidents occur when a following vehicle strikes a motorcycle from behind, often during sudden traffic slowdowns.

4. Left turn accidents. Left turn accidents happen when a car turns across a motorcycle's path, often because the driver misjudged speed.

Classification depends on the crash type, since the direction of impact often affects who bears fault for the accident.

What is a Lane Splitting Accident?

A lane splitting accident occurs when a motorcycle travels between lanes of slow or stopped traffic and gets struck. A lane splitting accident often happens when a car changes lanes without checking for a nearby motorcycle. The narrow space between vehicles gives a rider little room to avoid a sudden lane change. The legality of lane splitting varies by state, which can affect how fault is assigned after the crash. A driver who shifts lanes without signaling may strike a motorcycle riding between two lanes of slow traffic.

What is a Head-On Motorcycle Collision?

A head on motorcycle collision occurs when a motorcycle and another vehicle crash while traveling in opposite directions. A head on motorcycle collision often happens when a vehicle crosses into the wrong lane or a rider misjudges a curve. The direct impact between two vehicles traveling toward each other creates extreme force at the moment of the crash. The severity of a head on collision increases significantly when either vehicle travels above the posted speed limit. A driver who drifts into oncoming traffic while distracted may strike a motorcycle traveling in the opposite direction.

What is a Rear-End Motorcycle Accident?

A rear end motorcycle accident occurs when a following vehicle strikes a motorcycle from behind. A rear end motorcycle accident often happens when a driver follows too closely or fails to notice slowing traffic. The lack of following distance leaves little time for a driver to stop before striking the motorcycle. The impact can throw a rider from the motorcycle entirely, increasing the risk of a separate secondary injury. A driver checking a phone while following too closely may strike a motorcycle that has stopped at a red light.

What is a Left Turn Accident Involving Motorcycles?

A left turn accident involving a motorcycle occurs when a car turns across the motorcycle's path. A left turn accident involving a motorcycle often happens when a driver misjudges the motorcycle's speed or distance. The smaller profile of a motorcycle can make it harder for a driver to judge how quickly it is approaching. The resulting collision often strikes the motorcycle directly on its side, increasing the risk of severe injury to the rider. A driver turning left at an intersection may misjudge an oncoming motorcycle's speed and turn directly into its path.

How Do Motorcycle Accidents Differ from Car Accidents?

Motorcycle accidents differ from car accidents mainly through the level of protection available to the rider. Motorcycle accidents differ from car accidents because a motorcycle offers no frame, airbags, or seatbelt to absorb an impact. The lack of protection significantly increases the risk of serious injury even in a low speed collision. The higher injury risk often leads to more extensive medical treatment and higher damages compared to a typical car accident claim. A rider working with a car accident attorney may need to document more extensive injuries than a driver involved in a similar car collision.

What Causes Motorcycle Accidents?

Motorcycle accidents commonly result from three major contributing factors on the road.

1. Driver negligence. Driver negligence occurs when a driver fails to check mirrors or blind spots before changing lanes or turning.

2. Speeding. Speeding reduces the time a driver has to notice a motorcycle, increasing the force of any resulting collision.

3. Road hazards. Road hazards include potholes, loose gravel, or debris that can cause a motorcycle rider to lose control quickly.

These factors often combine, since a speeding or negligent driver is also more likely to miss a hazard or a nearby rider.

How does Driver Negligence Lead to Motorcycle Crashes?

Driver negligence leads to motorcycle crashes by causing a driver to miss a rider in traffic. Driver negligence leads to motorcycle crashes when a driver fails to check blind spots before changing lanes. The failure to check often stems from a driver assuming a motorcycle is not present or nearby. Negligence in law requires proof that the driver owed a duty of care, breached that duty, and caused the resulting harm. An example of negligence in law can involve a driver who changes lanes without signaling or checking a mirror may strike a motorcycle riding in the adjacent lane.

Who is Liable in a Motorcycle Accident?

Liability in a motorcycle accident can fall on the driver, the rider, or a third party. Liability in a motorcycle accident often depends on which party's actions directly caused the crash. The shared fault can extend to a road maintenance agency or a manufacturer when a defect contributed to the crash. The liability determination often relies on police reports, witness statements, and any available traffic camera footage. A crash caused by a defective motorcycle part may create liability for the manufacturer in addition to any other party involved.

Can Distracted Driving Cause Motorcycle Accidents?

Yes, distracted driving can cause motorcycle accidents by diverting a driver's attention from the road. Distracted driving can cause motorcycle accidents when a driver checks a phone or adjusts a device while moving. The diverted attention reduces the time a driver has to notice a motorcycle sharing the road. The distraction can last only a moment, yet a vehicle can travel a significant distance before the driver looks back at the road. A driver glancing at a text message may fail to notice a motorcycle stopped ahead and cause a rear end collision.

What Injuries are Common in Motorcycle Accidents?

Motorcycle accidents commonly cause three types of serious physical injuries.

1. Fractures. Fractures occur when the force of a collision breaks bones, often requiring surgery and an extended physical recovery.

2. Head injuries. Head injuries range from concussions to traumatic brain injuries, sometimes causing significant lasting cognitive or memory problems afterward.

3. Road rash. Road rash results from skin sliding across pavement during a fall, often causing deep abrasions and scarring afterward.

Severity is often high, because a rider has little protection between the body and the road or another vehicle during impact.

Why are Motorcycle Injuries Often Severe?

Motorcycle injuries are often severe because a rider has little physical protection during a crash. Motorcycle injuries are often severe because a rider lacks the frame, airbags, and seatbelt found in a car. The lack of protection means the rider's body absorbs much of the force from a collision directly. The severity increases further when a rider is thrown from the motorcycle or strikes the pavement at a high speed. A rider thrown from a motorcycle during a collision may suffer fractures and road rash even in a moderate speed crash.

Can Accidents Cause Permanent Disability?

Yes, motorcycle accidents can cause permanent disability in more severe collisions. Motorcycle accidents can cause permanent disability such as paralysis, amputation, or lasting brain injury. The permanent disability often results from the direct force absorbed by the rider's body during the crash. The disability can require ongoing medical care, home modifications, and long term assistance with daily activities. A rider who suffers a spinal injury in a motorcycle accident may require a wheelchair and permanent home care afterward.

What Should You Do After a Motorcycle Accident?

A rider should seek medical care, report the accident, and document the scene after a motorcycle crash. A rider should seek medical care immediately, even when injuries seem minor at first. The police report creates an official record connecting the crash to the parties involved. The documentation should include photos of the vehicles, the road conditions, and any visible injuries before evidence disappears. A rider who photographs the other driver's vehicle and license plate immediately after the crash helps support a future claim.

How Do Motorcycle Accident Claims Work?

A motorcycle accident claim typically begins with filing a report and gathering evidence of the crash. A motorcycle accident claim typically proceeds through an insurance review before moving toward a lawsuit if needed. The evidence gathering stage includes medical records, witness statements, and any available photos or video of the incident. The claim can lead to a negotiated settlement or, if the parties cannot agree, a trial before a judge or jury. A rider and an insurance company may reach a settlement before trial once both sides review the medical evidence and repair estimates.

What Compensation is Available After a Motorcycle Accident?

Motorcycle accident victims can pursue three main types of compensation.

1. Medical costs. Medical costs cover hospital bills, surgery, physical therapy, and any ongoing treatment connected to the motorcycle crash itself.

2. Lost wages. Lost wages reflect income missed during recovery, including time away from work for medical appointments and treatment sessions.

3. Pain and suffering. Pain and suffering reflects the physical pain and emotional distress a rider experiences because of the injury sustained.

Compensation reflects the damages actually suffered, since compensatory damages correspond directly to documented medical, financial, and personal harm.

What Defenses are Used in Motorcycle Accident Cases?

Motorcycle accident cases commonly involve two recognized types of legal defenses.

1. Comparative fault. Comparative fault applies when the rider's own actions contributed to the crash, reducing the amount of recoverable compensation.

2. Lack of negligence. Lack of negligence argues the driver followed all required safety standards before and during the crash entirely.

Defenses depend on the facts of each case, which is why a motorcycle accident attorney reviews the evidence closely before responding to any claim.