Fighting for Motorcycle Accident Victims and Their Families
Motorcyclists face dangers that other drivers simply don’t experience. With no steel frame, airbags, or seatbelts to protect you, even a minor collision can result in catastrophic injuries. And when you’re hurt, you face another challenge—insurance companies and juries who are all too ready to blame the rider, regardless of who actually caused the accident.
If you’ve been injured in a motorcycle accident caused by someone else’s negligence, you need an attorney who will fight for you—not just against the insurance company, but against the bias that motorcyclists face. At DJC Law, our motorcycle accident lawyers understand the unique challenges riders face, and we’re committed to getting you the compensation you deserve.
We handle motorcycle accident cases on contingency, which means you pay nothing unless we win. Contact us today for a free consultation.
The Bias Motorcyclists Face
Let’s be honest about something that every rider knows: there’s a bias against motorcyclists. Insurance adjusters, jurors, and even some judges often assume that the motorcyclist must have been doing something wrong—speeding, weaving through traffic, being reckless. This bias exists even when the evidence clearly shows the other driver was at fault.
Insurance companies exploit this bias. They know that if they can paint you as a “reckless biker,” they can reduce what they pay—or deny your claim entirely. They’ll dig into your riding history, examine your motorcycle for modifications, and look for any excuse to shift blame onto you.
We’ve seen it countless times: a driver makes a left turn directly in front of a motorcycle, causing a devastating crash, and then claims they “didn’t see” the rider. Somehow, “I didn’t see them” becomes an excuse rather than an admission of negligence.
Our attorneys know how to fight this bias. We build strong cases that establish the other driver’s fault clearly and counter the stereotypes that insurance companies try to use against you.
Why Choose DJC Law for Your Motorcycle Accident Case
Motorcycle accident cases require attorneys who understand both the unique dynamics of motorcycle crashes and the bias riders face. Here’s what sets us apart.
You Pay Nothing Unless We Win
We handle all motorcycle accident cases on contingency. You don’t pay any upfront fees, and you owe us nothing unless we successfully recover compensation for you.
We Fight the Anti-Motorcycle Bias
We know the tactics insurance companies use against riders, and we know how to counter them. We build cases that establish fault clearly and present motorcyclists fairly—as the responsible riders they usually are.
We Understand Motorcycle Dynamics
Motorcycle accidents involve different physics and dynamics than car crashes. We understand how motorcycles handle, why certain types of crashes occur, and how to explain these factors to insurance adjusters and juries.
We Know the Injuries
Motorcycle accidents cause specific types of injuries that require specific types of treatment. We understand these injuries, work with the right medical experts, and ensure your damages are fully documented and valued.
Trial-Ready Representation
Insurance companies know which firms will take cases to trial. Our willingness to fight in court often motivates insurers to offer fair settlements rather than risk a jury verdict.
Common Causes of Motorcycle Accidents
Most motorcycle accidents are caused by other drivers who fail to see motorcycles or fail to respect their right to the road. Common causes include:
Left-turn accidents. The most dangerous situation for motorcyclists. A driver turning left fails to see an oncoming motorcycle—or misjudges its speed—and turns directly into its path. These crashes often result in the motorcycle T-boning the turning vehicle or being struck broadside.
Lane change collisions. Drivers fail to check blind spots or don’t see the motorcycle in adjacent lanes. They merge directly into a rider, forcing them off the road or causing a sideswipe collision.
Rear-end crashes. Distracted or inattentive drivers fail to notice stopped or slowing motorcycles and rear-end them. Without the protection of a vehicle frame, even low-speed rear-end collisions can cause serious injuries to riders.
Failure to yield. Drivers pulling out of driveways, parking lots, or side streets fail to yield to oncoming motorcycles, often claiming they “didn’t see” the rider.
Distracted driving. Drivers texting, using phones, adjusting GPS, or otherwise distracted are especially dangerous to motorcyclists because motorcycles are already harder to see.
Following too closely. Tailgating is dangerous for any vehicle, but especially so when the vehicle being followed is a motorcycle that can stop more quickly than cars.
Dooring accidents. Occupants of parked vehicles open doors directly into the path of motorcyclists, causing riders to crash into the door or swerve into traffic.
Drunk driving. Impaired drivers have reduced reaction times and impaired judgment, making them especially dangerous to vulnerable road users like motorcyclists.
Speeding. Speeding drivers have less time to see and react to motorcycles, and higher speeds increase crash severity dramatically.
Road hazards. Potholes, debris, uneven pavement, gravel, wet leaves, and other road conditions that cars drive over without issue can be deadly for motorcyclists. When government entities fail to maintain roads properly, they may be liable for resulting crashes.
Defective vehicles or parts. Motorcycle defects—brake failures, tire blowouts, throttle malfunctions—can cause crashes. Defective car parts that cause other drivers to lose control can also lead to motorcycle accidents.
When we investigate your accident, we look at all potential causes and all parties whose negligence may have contributed.
Types of Motorcycle Accidents
Motorcycle crashes take many forms, each with different dynamics and injury patterns.
Left-turn accidents are the most common and often most deadly type of motorcycle crash. They occur when vehicles turn left in front of oncoming motorcycles at intersections, driveways, or parking lot entrances.
Head-on collisions occur when a vehicle crosses the centerline into a motorcycle’s path. These crashes are often fatal due to the combined speed of both vehicles and the rider’s lack of protection.
Rear-end collisions happen when vehicles strike motorcycles from behind. Even at relatively low speeds, these crashes can throw riders from their bikes, causing serious injuries.
Sideswipe accidents occur when vehicles merge into motorcycles or drift into their lane. These crashes often force riders off the road or into other traffic.
Lane-splitting accidents occur when motorcycles travel between lanes of stopped or slow-moving traffic. While lane-splitting is illegal in most states, drivers still bear responsibility for unsafe lane changes and opening doors.
Intersection accidents include various crash types occurring where traffic flows cross—left turns, red-light runners, failure to yield, and more.
Single-vehicle crashes may seem like the rider’s fault but often involve road hazards, defective equipment, or another driver who caused the crash and fled or didn’t realize what happened.
Hit-and-run accidents leave injured riders without an identified at-fault driver. We help victims pursue uninsured motorist claims and investigate to identify responsible parties.
Highway accidents at higher speeds often cause the most severe injuries. Merging vehicles, debris, and sudden traffic slowdowns are common hazards.
Parking lot accidents occur when drivers backing out or cutting through lots fail to see motorcycles.
Common Motorcycle Accident Injuries
Without the protection of an enclosed vehicle, motorcyclists suffer more severe injuries than car occupants in similar crashes. Common injuries include:
Road rash occurs when riders slide across pavement. While often dismissed as minor, severe road rash can involve deep abrasions that damage multiple layers of skin, muscle, and even bone. Road rash often requires skin grafts, causes permanent scarring, and is extremely painful to treat.
Traumatic brain injuries are a leading cause of death and permanent disability in motorcycle accidents. Even with a helmet, the forces involved in a crash can cause concussions, brain bleeding, and permanent cognitive damage. Without a helmet, the risks are dramatically higher.
Spinal cord injuries can result in partial or complete paralysis. The impact of a crash or being thrown from a motorcycle can fracture vertebrae or damage the spinal cord directly.
Broken bones are extremely common in motorcycle accidents. Legs, arms, wrists, collarbones, ribs, and pelvises frequently fracture when riders are thrown from bikes or pinned beneath them. Compound fractures requiring surgery and extensive rehabilitation are common.
Lower extremity injuries are particularly common because legs are often the first point of impact. Femur fractures, knee injuries, ankle fractures, and foot injuries frequently require multiple surgeries and may result in permanent limitations.
Internal injuries to organs including the spleen, liver, kidneys, and lungs can be life-threatening. The blunt force trauma of an accident can cause internal bleeding that may not be immediately apparent.
Facial injuries and dental damage are common, particularly in accidents involving riders without full-face helmets.
Neck injuries including fractures and soft tissue damage frequently occur when riders are thrown from their motorcycles or when helmeted heads strike objects.
Wrist and hand injuries often occur when riders instinctively try to break their falls. These injuries can have lasting impacts on grip strength and fine motor control.
Biker’s arm is nerve damage in the upper arm caused when riders instinctively extend their arms during a crash. This can result in permanent weakness or paralysis in the arm.
Degloving injuries occur when skin is torn away from underlying tissue, often requiring extensive reconstruction.
Amputation may be necessary when crush injuries or severe trauma destroy limbs beyond repair.
Post-traumatic stress disorder affects many motorcycle accident survivors, causing flashbacks, anxiety around vehicles, and difficulty returning to riding.
Some injuries are immediately apparent, while others develop over time. Always seek medical attention after an accident, even if you feel okay initially.
The “I Didn’t See Them” Problem
One of the most frustrating aspects of motorcycle accident cases is how often at-fault drivers claim they “didn’t see” the motorcycle. This excuse is so common it has become almost automatic. But here’s the truth: failing to see a motorcycle is not a defense—it’s negligence.
Drivers have a duty to watch for all vehicles on the road, including motorcycles. The fact that motorcycles are smaller doesn’t relieve drivers of their responsibility to look carefully before turning, changing lanes, or pulling into traffic.
Studies have shown that drivers often look directly at motorcycles and still fail to register their presence—a phenomenon called “inattentional blindness.” Drivers are conditioned to look for cars and trucks, so their brains sometimes filter out motorcycles even when their eyes see them.
This doesn’t excuse the behavior. If anything, it reinforces that drivers must make a conscious effort to look for motorcycles, especially at intersections and before changing lanes.
Our attorneys don’t let “I didn’t see them” become an excuse. We establish that the rider was visible, that the driver should have seen them, and that failing to do so was negligence.
Helmet Laws and Your Case
Helmet laws vary by state. Some states require all riders to wear helmets, others require only younger riders to wear them, and some have no helmet requirements at all.
Whether you were wearing a helmet at the time of your accident can affect your case in several ways:
If helmets are required and you weren’t wearing one, this may be used against you as evidence of comparative negligence—though typically only regarding head injuries, not other injuries you sustained.
If helmets aren’t required and you weren’t wearing one, some states still allow evidence of non-use to reduce damages for head injuries. Others prohibit such evidence since you were acting legally.
Importantly, not wearing a helmet doesn’t mean the other driver wasn’t at fault for causing the accident. It may only affect damages related to head injuries—and only in some states.
If you weren’t wearing a helmet, don’t assume you can’t recover compensation. Talk to an attorney about how the laws in your state may affect your claim.
Insurance Coverage for Motorcycle Accidents
Understanding insurance coverage is crucial for motorcycle accident victims.
The at-fault driver’s liability insurance is typically your primary source of compensation. You file a claim against their policy for your injuries and damages. However, many drivers carry only minimum coverage, which may be inadequate for serious injuries.
Uninsured motorist (UM) coverage on your motorcycle policy pays for your injuries when the at-fault driver has no insurance or in hit-and-run accidents. This coverage is crucial for motorcyclists.
Underinsured motorist (UIM) coverage kicks in when the at-fault driver’s limits aren’t enough to cover your damages. Given the severity of motorcycle injuries, UIM coverage is especially important.
Medical payments coverage on your motorcycle policy pays for your medical expenses regardless of fault, up to policy limits.
Your auto insurance may provide coverage even when you’re on your motorcycle in some circumstances, particularly UM/UIM coverage.
Health insurance can cover your medical treatment, though the health insurer may seek reimbursement from any settlement you receive.
We help you identify all available coverage and pursue maximum compensation from each source.
Who Can Be Held Liable?
While another driver is most often at fault, other parties may also be liable:
Other drivers who caused the accident through negligent driving—turning in front of you, failing to yield, distracted driving, etc.
Employers may be liable if the at-fault driver was working at the time of the accident (delivery drivers, truckers, etc.).
Government entities may be liable if poorly maintained roads, inadequate signage, or defective road design caused or contributed to your crash.
Motorcycle manufacturers may be liable if a defect in your motorcycle caused or contributed to the accident—brake failures, throttle malfunctions, tire defects, etc.
Parts manufacturers may be liable for defective components, including aftermarket parts.
Mechanics and repair shops may be liable if negligent repairs caused a mechanical failure.
Bars and restaurants may be liable under dram shop laws if they served alcohol to a visibly intoxicated driver who then caused your accident.
Property owners may be liable if hazardous conditions on their property caused your crash.
Identifying all liable parties is important because it increases available insurance coverage and improves your chances of full compensation.
Compensation in Motorcycle Accident Cases
Due to the severity of injuries, motorcycle accident compensation can be substantial. You may be entitled to:
Economic Damages
- Medical expenses: Emergency care, hospitalization, surgeries, rehabilitation, medication, and ongoing treatment
- Future medical costs: Anticipated surgeries, long-term care, therapy, and medical equipment
- Lost wages: Income lost during recovery
- Loss of earning capacity: Reduced ability to work due to permanent injuries
- Property damage: Repair or replacement of your motorcycle and gear
- Riding gear replacement: Helmet, jacket, boots, gloves, and other safety equipment damaged in the crash
- Home modifications: Wheelchair ramps, accessible features if needed due to disabilities
- Attendant care: Costs for caregivers if your injuries require assistance
Non-Economic Damages
- Pain and suffering: Physical pain from injuries and treatment
- Mental anguish: Emotional distress, anxiety, depression, and PTSD
- Disfigurement: Permanent scarring from road rash, burns, or surgical interventions
- Disability: Limitations on physical abilities
- Loss of enjoyment of life: Inability to ride motorcycles or participate in other activities you enjoyed
- Loss of consortium: Impact on your relationship with your spouse
In cases involving egregious conduct—such as drunk driving or intentional misconduct—punitive damages may be available.
If a loved one was killed in a motorcycle accident, surviving family members may pursue wrongful death damages.
Dealing with Insurance Companies
Insurance companies are particularly aggressive in motorcycle accident cases because they know they can exploit anti-biker bias. Common tactics include:
- Blaming the rider regardless of the evidence, claiming you were speeding, weaving, or being reckless
- Claiming you were “hard to see” as if that excuses the other driver’s failure to look
- Pointing to helmet non-use even for injuries unrelated to your head
- Investigating your riding history for tickets, training courses, or prior accidents
- Examining your motorcycle for modifications they can use against you
- Minimizing your injuries or claiming they’re not as serious as documented
- Offering quick lowball settlements before you know the extent of your injuries
- Using social media to find photos or posts they can use against you
- Requesting recorded statements hoping you’ll say something they can use
Don’t talk to insurance adjusters without consulting an attorney first. We handle all communications and protect you from these tactics.
What to Do After a Motorcycle Accident
The steps you take after an accident can significantly impact your case. If you’re able:
At the scene:
- Call 911 and request medical attention
- Move to safety if possible, but don’t leave the scene
- Get the other driver’s information (name, contact, insurance, license plate)
- Get contact information from witnesses
- Take photos of the vehicles, damage, accident scene, road conditions, and your injuries
- Photograph any skid marks, debris, or other evidence
- Don’t admit fault or apologize
- Preserve your helmet and gear—don’t repair or discard them
After leaving the scene:
- Seek medical attention immediately, even if injuries seem minor
- Follow all medical advice and attend all appointments
- Document your injuries with photos as they develop
- Keep records of all medical treatment, expenses, and missed work
- Preserve your motorcycle, helmet, and gear as evidence
- Don’t give recorded statements to insurance companies
- Don’t sign anything from insurance companies without legal review
- Be careful what you post on social media
- Contact a motorcycle accident attorney
Statute of Limitations
Every state has a deadline for filing motorcycle accident lawsuits. Most states allow between two and four years, though some have shorter deadlines.
Claims against government entities for road hazards or government vehicle accidents typically have much shorter notice requirements—sometimes as little as 30 to 180 days.
Missing the deadline typically means losing your right to compensation forever. Don’t wait to consult an attorney.
How Our Motorcycle Accident Lawyers Help
We fight for motorcyclists against insurance companies that exploit anti-biker bias. Here’s how we help:
We investigate thoroughly, gathering evidence to prove the other driver’s fault—witness statements, traffic camera footage, accident reconstruction, and more.
We counter the bias, presenting your case in a way that establishes your rights as a responsible rider and prevents stereotypes from undermining your claim.
We preserve evidence, ensuring your motorcycle, helmet, and gear are properly documented and preserved for analysis.
We document your injuries fully, working with medical experts to ensure the severity and long-term impact of your injuries are properly understood.
We handle all communications, protecting you from insurance company tactics designed to minimize your claim.
We identify all sources of compensation, pursuing claims against all liable parties and all available insurance coverage.
We fight for maximum recovery, negotiating aggressively and preparing every case for trial if necessary.
Frequently Asked Questions
How much does it cost to hire a motorcycle accident lawyer?
Nothing upfront. We work on contingency, meaning we only get paid if we recover compensation for you. Our fee comes as a percentage of your settlement or verdict.
What if I wasn’t wearing a helmet?
You may still be able to recover compensation. Depending on your state’s laws, helmet non-use may only affect damages for head injuries—and even then, only in some states. It doesn’t change whether the other driver was at fault for causing the accident.
The other driver says they didn’t see me. Does that mean I can’t recover?
Absolutely not. Failing to see a motorcycle is negligence, not an excuse. Drivers have a duty to watch for all vehicles on the road. We know how to counter this common defense.
What if I was partially at fault?
You may still recover compensation in most states, though your recovery may be reduced by your percentage of fault. Don’t accept blame without consulting an attorney—insurance companies routinely try to shift fault to motorcyclists.
What if the other driver was uninsured?
Your uninsured motorist coverage can pay for your injuries. This is why UM coverage is so important for motorcyclists. We can help you navigate this process.
Will I be able to ride again?
That depends on your injuries. What we can tell you is that if you can’t ride again—or can’t ride as you did before—that loss is compensable. We fight for damages that include the loss of activities you once enjoyed.
How long will my case take?
Every case is different. Some settle in months, others take a year or more. We work to resolve your case as efficiently as possible while never settling for less than you deserve.
How much is my motorcycle accident case worth?
Value depends on injury severity, medical expenses, lost income, pain and suffering, and the strength of evidence. Motorcycle accident cases often involve significant compensation due to the severity of injuries. We can give you a better estimate after reviewing your case.
Contact Our Motorcycle Accident Attorneys Today
If you’ve been injured in a motorcycle accident, you need attorneys who will fight for you—against the insurance company and against the bias motorcyclists face. At DJC Law, we’re committed to getting riders the compensation they deserve.
We’ve helped countless motorcycle accident victims recover from devastating crashes. Let us put that experience to work for you.
Contact us today for a free consultation. We’ll review your case, explain your options, and fight for your rights. There’s no obligation, and you’ll pay nothing unless we win.
