Motorcycle accidents are among the most devastating types of motor vehicle collisions. Without the protective shell of a car, motorcyclists are exposed to the full force of impact, road surfaces, and other vehicles. According to the National Highway Traffic Safety Administration, motorcyclists are 29 times more likely to die in a crash than passenger car occupants per mile traveled. If you have been injured in a motorcycle accident, understanding your rights and the unique challenges you face is essential to recovering fair compensation.
Common Motorcycle Accident Injuries
The lack of physical protection means motorcycle accident injuries tend to be severe. Road rash can range from minor abrasions to deep wounds requiring skin grafts and causing permanent scarring. Traumatic brain injuries occur even with helmet use, though helmets reduce the risk of fatal head injuries by 37%. Broken bones are extremely common, particularly in the legs, arms, wrists, and pelvis. Spinal cord injuries can result in partial or complete paralysis. Internal organ damage from blunt force trauma may not be immediately apparent. Biker's arm — nerve damage in the upper arm caused by the instinct to brace for impact — can result in permanent loss of function.
The Bias Problem: Fighting Prejudice Against Motorcyclists
One of the biggest challenges motorcyclists face in injury claims is bias. Insurance adjusters, jurors, and even judges may harbor assumptions that motorcyclists are reckless thrill-seekers who assumed the risk of injury by choosing to ride. This bias can manifest in several ways: insurance companies may argue you were speeding or riding aggressively even without evidence, adjusters may offer lower settlements based on the assumption that you were partially at fault, and defense attorneys may try to portray your lifestyle choices as contributing to the accident. An experienced motorcycle accident attorney knows how to counter these biases with evidence, expert testimony, and effective advocacy.
Helmet Laws and Their Impact on Your Claim
New Jersey requires all motorcyclists to wear helmets. New York also has a universal helmet law. If you were not wearing a helmet at the time of the accident, the defense may argue that your head injuries would have been less severe had you been wearing one. This can reduce your compensation under comparative negligence principles. However, not wearing a helmet does not eliminate your right to compensation — it may only reduce the amount attributable to head injuries specifically.
Determining Fault in Motorcycle Accidents
The most common causes of motorcycle accidents involve other drivers failing to see the motorcyclist. Left-turn accidents — where a car turns left in front of an oncoming motorcycle — account for a significant percentage of motorcycle crashes. Other common scenarios include drivers changing lanes without checking blind spots, rear-end collisions at intersections, car doors opening into the path of a motorcycle, and road hazards that are minor for cars but dangerous for motorcycles (potholes, gravel, debris). In most of these scenarios, the other driver is primarily at fault, but proving it requires thorough investigation and evidence preservation.
Compensation Available to Motorcycle Accident Victims
Motorcycle accident victims may be entitled to compensation for all medical expenses including emergency care, surgery, rehabilitation, and future treatment. Lost wages and reduced earning capacity if injuries prevent you from returning to work. Pain and suffering, which is often substantial given the severity of motorcycle injuries. Scarring and disfigurement, particularly from road rash. Motorcycle repair or replacement costs. Emotional distress, including PTSD, anxiety, and depression. Loss of enjoyment of life if injuries prevent you from riding or participating in activities you previously enjoyed.
Why You Need a Motorcycle-Specific Attorney
Not all personal injury attorneys understand the unique dynamics of motorcycle accident cases. You need an attorney who rides or understands motorcycle culture, can counter anti-motorcyclist bias, understands motorcycle mechanics and accident reconstruction, has experience with the specific types of severe injuries common in motorcycle crashes, and will not accept lowball offers from insurance companies who assume motorcyclists are partially at fault.
SettleWell's Motorcycle Accident Network
SettleWell connects injured motorcyclists with attorneys who specialize in motorcycle accident cases. Our attorneys understand the bias you face, know how to build strong cases that counter prejudice, and will fight for the full value of your claim. Contact us for a free, confidential case review. We ride with you.