Motorcyclists face unique bias from insurance companies. Know your rights from day one and protect your claim before insurers minimize your injuries.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Motorcyclists have the same rights on the road as any other driver. However they face unique bias from insurance companies and sometimes juries. Knowing these biases upfront helps you build a stronger case.
Regardless of facts, many insurance adjusters approach motorcycle claims with a presumption the motorcyclist was at fault. Combating this requires strong evidence — photographs, police reports, and witness statements.
Studies show jurors sometimes hold negative perceptions of motorcyclists. An experienced motorcycle accident attorney knows how to present your case to overcome this bias.
Without a car's protective structure, motorcyclists suffer far more severe injuries — which means larger claims and more aggressive insurer defense.
Lane splitting is only fully legal in California. In other states being engaged in it during an accident will be used to argue fault against you.
Call 911 and get a police report — essential for countering bias
Do not remove your helmet until medical personnel arrive
Photograph everything — motorcycle, other vehicle, road conditions, skid marks, your gear
Preserve your helmet and riding gear — do not discard even if damaged — they are evidence
Get witness contact information — especially valuable in motorcycle cases
Seek medical attention immediately — adrenaline masks pain
Do NOT admit any fault at the scene under any circumstances
Contact a motorcycle accident attorney before speaking with any insurance company
Call 911. Do not remove your helmet. Photograph everything. Preserve your gear. Get witness contact information. Seek medical attention immediately. Do not admit fault. Contact a motorcycle accident attorney before speaking with insurance companies.
In states with mandatory helmet laws, not wearing a helmet can be used to argue you contributed to your head injuries and may reduce compensation. However it does not bar recovery entirely and cannot reduce compensation for injuries unrelated to your head.
Serious motorcycle accident cases frequently settle for $100,000 to over $1 million due to the severity of injuries motorcyclists typically sustain without a car's protective structure.
'I didn't see the motorcycle' is not a valid legal defense. Drivers have a duty to observe all vehicles including motorcycles. Failure to see a visible motorcycle constitutes negligence.
You should hire an attorney with specific motorcycle accident experience. The bias issues, countering the 'dangerous motorcyclist' narrative, and unique evidence considerations require experience in this specific area.
Now that you know your rights, find a personal injury attorney near you. Free, private, no spam — you choose who to contact.
Legal Disclaimer
The information provided on InjuryCorner is for general informational and educational purposes only and does not constitute legal advice. Nothing on this site should be construed as creating an attorney-client relationship. Laws vary by state and individual circumstances differ — the content on this page may not apply to your specific situation. InjuryCorner makes no representations or warranties regarding the accuracy, completeness, or currentness of any information on this site. We are not a law firm and do not provide legal advice. Always consult a licensed personal injury attorney in your jurisdiction before making any legal decisions.