Frequently Asked Questions About Motorcycle Accidents and Injuries

Q: What should I do right after a motorcycle accident?
A: First of all, definitely don’t admit that any of it was fault. You can worry about that later, when your mind is clear. Instead, call for help and write down as much information as you can about the accident and the other motorists involved (or have a loved one do it if you’re not up to it). If you can take pictures, do so. Report it to the police and your insurance company as soon as possible. You should also consider visiting the doctor even if you don’t feel injured, just to be safe.

Q: I wasn’t wearing a helmet when I got into the accident. Will that affect my case?
A: It won’t destroy an otherwise good case, but in California and Nevada, it might limit what you recover. Both states have mandatory helmet laws and both states have comparative fault laws, meaning part of the fault for an accident may be assigned to all the people involved. If some of your injuries could have been prevented by a helmet, insurance companies and jurors may reduce the amount of money they award to you because of it.

Q: I was hit by a hit-and-run driver (or an uninsured driver). Can I collect anything?
A: If you have uninsured or underinsured motorist coverage, you certainly can. It should cover both repairs and injuries. If the authorities can identify the driver, you may also be able to collect damages. And if there was a third party whose negligence contributed to the accident, such as the state transportation department, you may be able to sue that party.

Q: I didn’t feel injured at the time, but now I do. Is it too late to put in an injury claim?
A: No, but waiting to tell an insurance company about an injury may weaken your case. That’s why we recommend that motorcycle crash victims see a doctor soon after their accidents, even if they think everything is fine. Shock can keep some victims from feeling their injuries. Other times, a head injury -- one of the most common motorcycle accident injuries -- may actually impair a rider’s judgment about whether he’s hurt. A competent personal injury lawyer should be able to demonstrate that to a jury.

Q: The person who hit me actually said he didn’t see me. Shouldn’t that make the accident completely his fault?
A: That’s certainly a damaging statement, but it still depends on the circumstances. Because both parties may be assigned some negligence in an accident, it’s possible that an insurance company or a jury could find that you share some fault, say, by sharing the car’s lane when it wasn’t safe to do so.

Q: I was hit by someone who made a left turn right into me when I was going straight. Is she automatically at fault?
A: Unfortunately, this is an extremely common configuration for motorcycle accidents. Unless you were speeding or ran a traffic signal, you probably had the right-of-way, so yes, she was probably at fault. But if the police report doesn’t tell it that way, you could still encounter some problems with your insurance company. If that’s the case, you should talk to an attorney to help you straighten them out, in court if necessary.

Q: I had a slideout on a turn. No other vehicles were involved, but I think the terrible condition of the road helped cause it. Can I sue the agency that’s supposed to maintain the roads?
A: Yes, but you should move fast. There are special laws limiting when you can sue a city, county, state or federal agency; in California, you have only six months to notify state agencies that you intend to sue.

Q: My accident was caused by a dog that ran after me (or in front of me), forcing me off the road. Do I have a case?
A: Maybe. In some areas, dogs must be leashed or penned up in a yard. There may be special laws that apply to certain breeds or dogs that are known to be aggressive. However, if it was a stray, or if there are no dog laws in your area, only collision or comprehensive insurance would cover the accident.

Q: My customized motorcycle was totaled in the accident, and the insurance company is offering me much less than it’s worth. Can I sue them?
A: If they won’t negotiate to a price you think is fair, yes. You should negotiate by sending them copies of any documentation you have showing the value of the customization work you had done (or the time and money you spent doing it yourself). If they’re not convinced, an experienced motorcycle accident attorney can help you negotiate and take it to court if necessary.

Q. My accident was more than a year ago. At the time, I was too busy dealing with my injuries and my wrecked bike to think about a lawsuit, but now I’m seriously considering it. How much longer do I have to think about it?
A: Not that much! The statute of limitations for most personal injury suits in California and Nevada is two years. It can be even shorter if a government agency was involved, or longer if you were impaired by a serious injury or in jail or under 18 at the time. A motorcycle accident lawyer can help you figure out which rules apply in your case and whether you have a lawsuit.

Q: My health insurance covered my medical bills; do I really need to sue over those?
A: Whether your injuries were covered by health insurance doesn’t affect whether you can collect for them in court. However, your health insurer may demand reimbursement from your settlement.

Q: I think helmet laws discriminate against riders, interfere with my freedom of choice and don’t make me any safer. Couldn’t I challenge them in court?
A: Some riders have won court decisions saying helmet laws are too vague, but they also often lose. States justify their helmet laws as part of their interest in protecting public safety and keeping the costs of health care and insurance low.

Q: Do I really need a lawyer after my motorcycle accident?
A: It depends. For an accident where fault is clear, insurance companies work as they should and nobody is seriously hurt, it may not be necessary. But life is rarely that easy! If you end up needing costly repairs and health care, disputing fault, or having to negotiate endlessly with a stubborn insurer, an attorney can make your life easier and help you collect more money than you otherwise would have.