Motorcycle accidents often result in catastrophic injuries due to the limited protection riders have compared to vehicle occupants. When another driver's negligence causes your crash, understanding the lawsuit process helps you pursue maximum compensation for medical bills, lost income, and pain and suffering.
When You Can Sue After a Motorcycle Accident
You can file a lawsuit when another party's negligence caused your motorcycle accident. Common liable parties include negligent drivers who failed to see you, violated traffic laws, or drove distracted or impaired. Property owners may be liable for road hazards, and manufacturers for defective motorcycle parts.
Most states follow fault-based insurance systems where the at-fault driver's insurance should cover your damages. However, insurance settlements often undervalue motorcycle accident claims, making lawsuits necessary to obtain fair compensation.
Even in no-fault insurance states, serious motorcycle injuries typically exceed thresholds allowing lawsuits. Motorcyclists often face unique challenges because they're not covered by personal injury protection (PIP) the same way car occupants are.
Steps in a Motorcycle Accident Lawsuit
The lawsuit process begins with filing a complaint in court, identifying the defendants and your legal claims. The defendant responds with an answer, potentially disputing liability or damages. Discovery follows, where both sides exchange evidence and take depositions.
Discovery in motorcycle cases typically includes obtaining accident reports, medical records, employment records, expert witness reports, and the defendant's driving history. Deposition testimony from witnesses, the defendant, and accident reconstruction experts helps establish fault.
Most cases settle during or after discovery when evidence clarifies liability and damages. If settlement fails, the case proceeds to trial where a jury determines fault and awards damages.
Proving Negligence in Motorcycle Cases
To win your lawsuit, you must prove the defendant owed you a duty of care, breached that duty through negligent conduct, that breach caused your accident, and you suffered actual damages as a result.
Common negligence includes failure to yield at intersections, unsafe lane changes into motorcyclists, following too closely, distracted driving, and driving under the influence. Traffic citations to the at-fault driver support negligence claims.
Your attorney may retain accident reconstruction experts who analyze physical evidence, vehicle damage, skid marks, and witness statements to establish exactly how the crash occurred and who was at fault.
Damages Available in Motorcycle Lawsuits
Economic damages cover quantifiable losses including medical expenses (past and future), lost wages, reduced earning capacity, motorcycle repair or replacement, and costs of household services you can no longer perform.
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and permanent disability. These damages often exceed economic losses in serious injury cases.
If the defendant acted with reckless disregard for safety - such as drunk driving or street racing - punitive damages may be available to punish the wrongdoer and deter similar conduct.
Challenges Unique to Motorcycle Cases
Motorcyclists face anti-biker bias from jurors and insurance adjusters who may unfairly assume riders are reckless or brought injuries upon themselves. Experienced motorcycle accident attorneys understand how to counter these prejudices.
Insurance companies often argue that motorcyclists' injuries are more severe because they chose a risky mode of transportation. However, you're entitled to full compensation regardless of your vehicle choice - defendants take plaintiffs as they find them.
Helmet law compliance becomes an issue in some states. Even where helmets aren't required, defense attorneys may argue failure to wear one contributed to head injuries, though this typically only affects head-related damages.
Statute of Limitations
Every state imposes deadlines for filing lawsuits called statutes of limitations. These typically range from one to six years depending on the state, with most being two to three years from the accident date.
Missing the statute of limitations permanently bars your claim, regardless of how strong your case is. Consult an attorney promptly to ensure you don't lose your right to sue.
Certain circumstances may toll (pause) the limitations period, such as if the defendant left the state or if you were a minor at the time of the accident.
Working with a Motorcycle Accident Attorney
Most motorcycle accident attorneys work on contingency fees, meaning they only get paid if you win. Typical fees range from 33-40% of the recovery, with costs advanced and reimbursed from the settlement.
Look for attorneys with specific experience in motorcycle cases who understand the technical aspects of motorcycle operation and the unique challenges riders face. Ask about their trial experience - insurance companies offer better settlements when they know your attorney will actually go to court.
Your attorney handles all communication with insurance companies, gathers evidence, retains experts, negotiates settlements, and takes your case to trial if necessary to obtain fair compensation.