Motorcycle Accident Guide: Fighting the Bias, Winning Your Case

Riders face a bias most drivers never think about

If you ride, you already know something the rest of the driving public rarely thinks about: most motorcycle crashes are caused by drivers of cars and trucks — not by the riders themselves. Study after study confirms it. The stereotype of the reckless biker weaving through traffic is a stereotype, not a fact. But that stereotype is exactly what insurance adjusters and juries carry into your case, and it directly affects what you get paid.

The best motorcycle accident attorneys don't just handle the case — they neutralize the bias. Here's what that looks like in practice.

How most motorcycle crashes actually happen

The vast majority of car-vs-motorcycle crashes fall into a small number of patterns, and in almost every one, the car driver is at fault.

• Left-turn crashes — car turns left across the rider's path (the single most common)
• Lane-change crashes — car changes lanes without seeing the rider
• Rear-end crashes at stoplights
• Failure-to-yield at intersections
• Opening a car door into a rider's path
• Distracted or impaired drivers drifting into the rider's lane

'I never saw the motorcycle' is not a defense

The most common thing drivers say after hitting a motorcycle is: 'I never saw them.' They think that admits nothing. It actually admits the whole case. Failing to see a lawfully traveling motorcycle is exactly the definition of negligence. A skilled attorney will make sure the driver's statement ends up in the record and in front of the jury.

The helmet issue

Whether you were wearing a helmet affects motorcycle cases differently depending on the state. In most states, helmet use only affects damages for head injuries — not the underlying liability question or other injuries. In states with universal helmet laws, non-use may complicate things. Either way, no attorney should let helmet use become a bigger issue than it deserves.

Bias-neutralizing strategies

An experienced motorcycle attorney has specific techniques for fighting the built-in bias against riders.

• Jury selection focused on identifying and excluding jurors with anti-rider bias
• Presenting the client as a professional, family member, and community member — not just a rider
• Using accident reconstruction experts to establish the physics of the crash
• Highlighting the driver's specific negligent act rather than the rider's mode of transportation
• Educating jurors about how motorcycles are less visible and why drivers have a heightened duty

Injuries and damages

Motorcycle riders don't have crumple zones. Injuries tend to be severe: fractures, road rash, traumatic brain injuries, spinal cord injuries, amputations. Damages should reflect that reality.

• Emergency and long-term medical care
• Reconstructive surgery for road rash and disfigurement
• Rehabilitation, physical therapy, and prosthetics
• Lost wages and diminished earning capacity
• Pain, suffering, and loss of enjoyment of life
• Wrongful death damages for surviving family members
• Motorcycle repair or replacement

What to do right after a motorcycle crash

The steps are similar to any car crash, with a few added priorities:

• Get medical care immediately, even if you feel okay — adrenaline masks serious injuries
• Call the police and get a report; make sure your version is in it
• Photograph the scene, both vehicles, and your gear
• Preserve your helmet, jacket, and boots — damage to gear tells a story
• Get witness information; witnesses are especially critical because of the rider-bias problem
• Do not accept a quick offer or give a recorded statement

Find a motorcycle-specific attorney

A generalist personal injury lawyer who handles the occasional motorcycle case may not know how to neutralize the bias problem. Find one who rides — or at least one who has represented dozens of riders. OwlAdvocate matches you with an attorney experienced in motorcycle cases in your area. Free, confidential, and no obligation.