Motorcycle accidents often result in devastating injuries—and significant medical bills. If another driver’s negligence caused your crash, you may be entitled to compensation. But motorcycle accident claims come with unique challenges, from bias against riders to complex liability questions.
Quick Answer
Yes, you can sue after a motorcycle accident if someone else’s negligence caused the crash. You can file a claim against the at-fault driver’s insurance or sue them personally. In some cases, you may also have claims against the motorcycle manufacturer, a mechanic, a government entity responsible for road conditions, or other parties.
Who Can Be Held Liable?
Depending on how your accident happened, multiple parties may share responsibility:
| Potentially Liable Party | When They May Be Responsible |
|---|---|
| Other driver | Caused the accident through negligence (speeding, distracted driving, failure to yield) |
| Trucking company | Their driver hit you; company may be liable for negligent hiring, training, or scheduling |
| Motorcycle manufacturer | Defective parts contributed to the crash or your injuries |
| Parts manufacturer | Defective tires, brakes, or other components failed |
| Mechanic/Repair shop | Faulty repairs contributed to the accident |
| Government entity | Dangerous road conditions, missing signs, or poor maintenance |
| Property owner | Hazardous conditions on their property caused the crash |
| Bar or restaurant | Over-served alcohol to the driver who hit you (dram shop liability) |
What You Must Prove
To win a motorcycle accident lawsuit, you typically need to prove four elements of negligence:
- Duty of care: The defendant owed you a duty to act reasonably (all drivers owe this to others on the road)
- Breach: The defendant failed to meet that duty (ran a red light, was texting, failed to check mirrors)
- Causation: The breach directly caused your accident and injuries
- Damages: You suffered actual harm (injuries, medical bills, lost wages)
Common Causes of Motorcycle Accidents
Understanding common crash scenarios helps identify liable parties:
Driver Negligence
- Left-turn accidents: Cars turning left into oncoming motorcycles (extremely common)
- Lane changes: Drivers failing to check blind spots
- Following too closely: Rear-end collisions
- Distracted driving: Texting, phone use, eating
- Drunk driving: Impaired judgment and reaction time
- Failure to yield: Not giving motorcycles the right of way
Road Conditions
- Potholes and uneven pavement
- Loose gravel or debris
- Oil slicks
- Missing or faded road markings
- Inadequate signage
- Poor drainage causing standing water
Vehicle/Equipment Defects
- Tire blowouts
- Brake failure
- Steering defects
- Throttle malfunctions
- Defective helmets
Comparative Negligence: What If You Were Partly at Fault?
Many motorcycle accidents involve shared fault. States handle this differently:
Pure Comparative Negligence States
You can recover damages even if you’re 99% at fault, but your award is reduced by your percentage of fault. If you’re 30% at fault and your damages are $100,000, you’d receive $70,000.
Modified Comparative Negligence States
You can recover only if you’re less than 50% or 51% at fault (depending on the state). If you’re over the threshold, you get nothing.
Pure Contributory Negligence States
In a few states (Alabama, Maryland, North Carolina, Virginia, D.C.), if you’re even 1% at fault, you may be barred from any recovery.
Factors That May Be Used Against You
- Not wearing a helmet (in states that require them)
- Lane splitting (illegal in most states)
- Speeding
- Improper passing
- Riding between lanes of traffic
Insurance Claim vs. Lawsuit
Insurance Claim First
Most motorcycle accident cases start with an insurance claim against the at-fault driver’s liability coverage. Benefits:
- Faster resolution
- Lower legal costs
- No court appearances
When to Consider a Lawsuit
You may need to sue if:
- The insurance company denies your claim
- They offer an unfairly low settlement
- The at-fault driver was uninsured or underinsured
- Your damages exceed policy limits
- Liability is disputed
- Multiple parties share fault
Suing the Driver Personally
If insurance doesn’t cover your losses, you can sue the at-fault driver personally. However, collecting a judgment can be difficult if they lack assets.
What Damages Can You Recover?
Motorcycle accident injuries are often severe, leading to substantial damages:
Economic Damages
- Medical expenses (emergency care, surgery, rehabilitation, ongoing treatment)
- Lost wages during recovery
- Lost earning capacity if permanently disabled
- Motorcycle repair or replacement
- Damaged gear and equipment
- Future medical care
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of consortium
Punitive Damages
Available in cases of extreme recklessness, such as drunk driving or intentional conduct.
Common Motorcycle Accident Injuries
These injuries often support larger damage claims:
- Traumatic brain injuries (even with helmets)
- Spinal cord injuries and paralysis
- Road rash (can require skin grafts)
- Broken bones and fractures
- Internal organ damage
- Amputation
- PTSD and psychological trauma
Bias Against Motorcyclists
A unique challenge in motorcycle cases: many jurors and insurance adjusters have bias against riders, assuming they’re reckless. Combat this by:
- Documenting your safety record and training
- Showing you wore proper gear
- Presenting evidence of the other driver’s fault
- Working with an attorney experienced in motorcycle cases
Statute of Limitations
You have limited time to file a lawsuit, typically 2-3 years from the accident date, depending on your state. Exceptions may apply for:
- Claims against government entities (often 6 months to 1 year)
- Minors (deadline may be extended)
- Hit-and-run cases where the driver is later identified
Steps to Protect Your Claim
- Call 911: Get a police report documenting the accident
- Seek immediate medical attention: Even if you feel okay—adrenaline masks injuries
- Document everything: Photos of the scene, vehicles, injuries, road conditions
- Get witness information: Names and contact details
- Don’t admit fault: Even apologizing can be used against you
- Preserve your gear: Don’t repair or discard damaged helmet and equipment
- Don’t give recorded statements: To the other driver’s insurance without legal advice
- Keep all receipts: Medical bills, repair estimates, lost wage documentation
Frequently Asked Questions
Can I sue if I wasn’t wearing a helmet?
Yes, but it may affect your damages. In states without helmet laws, not wearing one typically won’t bar your claim. In states requiring helmets, you may face reduced compensation for head injuries under comparative negligence.
What if the driver fled the scene (hit and run)?
You may still have options: your own uninsured motorist coverage, crime victim compensation funds, or a lawsuit if the driver is later identified. Report immediately to police and document everything.
Can passengers on my motorcycle sue me?
Yes. If you caused an accident injuring your passenger, they can file a claim against your insurance and potentially sue you. Motorcycle insurance with adequate liability coverage is essential.
How long will my case take?
Insurance claims may settle in months. Lawsuits typically take 1-3 years, depending on case complexity, the severity of your injuries, and whether the case goes to trial.
Should I accept the first settlement offer?
Usually not. Initial offers are often lowball attempts to close cheap. Once you accept, you can’t seek more money later—even if your injuries are worse than expected. Consult an attorney before accepting any settlement.
When to Contact a Lawyer
Consider hiring a motorcycle accident attorney if:
- You suffered serious injuries
- Fault is disputed
- The insurance company is offering a low settlement
- Multiple parties may be liable
- The at-fault driver is uninsured or underinsured
- You’re being blamed for the accident
- A government entity may be responsible
Most personal injury attorneys offer free consultations and work on contingency—you pay nothing unless they win your case.
