Overview:

Motorcycle riders face unique risks on the road. Without the protective cage of a car around them, even a minor collision can result in severe injuries or death for a motorcyclist. Unfortunately, after a motorcycle accident, riders often confront bias from insurance companies and sometimes juries – an unfair stereotype that motorcyclists are “reckless” or assumed to be at fault. At RHC Law, we know the truth: most riders are safety-conscious, and the majority of motorcycle accidents are actually caused by drivers of other vehicles who fail to notice or yield to motorcycles.

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We are dedicated to championing the rights of injured motorcyclists. We understand the dynamics of motorcycle accidents and the catastrophic injuries that can result (like head injuries, spinal injuries, or serious orthopedic trauma). Our team works hard to overcome bias by presenting clear evidence and humanizing our clients, showing the full extent of the harm and that it was the other driver’s negligence that caused it. If you or a loved one has been hurt in a motorcycle crash, RHC Law will fight for the compensation you deserve and treat you with the respect every roadway user merits.

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Typical Causes: The causes of motorcycle accidents often involve the negligence of other drivers or hazardous road conditions, such as:

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Failure of Other Drivers to See Motorcycles (Right-of-Way Violations): A very common scenario is a car turning left at an intersection in front of an oncoming motorcycle, violating the motorcycle’s right of way. The car driver often says “I didn’t see the motorcycle.” This is known as the SMIDSY (“Sorry Mate, I Didn’t See You”) phenomenon. It frequently causes severe angle collisions. Similarly, cars may change lanes into a motorcyclist because the driver didn’t check blind spots. Driver inattention – looking for cars but not bikes – is a leading cause of multi-vehicle motorcycle crashes.

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We place fault squarely on those drivers; every driver has a duty to look carefully and gauge the speed of oncoming traffic, including smaller vehicles like bikes.

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Distracted Driving: Relatedly, if a driver is texting or otherwise distracted, the likelihood they overlook a motorcycle is even higher. A momentary distraction can cause a driver to drift or turn without seeing a bike. We investigate phone records when relevant to prove if distraction played a role.

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Following Too Closely / Inadequate Spacing: Motorcycles can stop quickly, but if a car tailgates a motorcycle and the rider brakes or slows, the car can rear-end the bike. Rear-end impacts to motorcycles are extremely dangerous for the rider, often throwing them off the bike. Car drivers must allow extra following distance for motorcycles.

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Speeding or Reckless Driving by Others: A car that is speeding can more easily lose control or fail to avoid hitting a motorcycle. Also, aggressive driving – weaving through traffic, rapid lane changes – can clip a motorcyclist or force a rider to take evasive action that leads to a crash. While some associate speeding with motorcyclists, many accidents involve a speeding car hitting a bike.

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Motorist Intoxication: Drunk driving is especially perilous for vulnerable road users like motorcyclists. An impaired driver might drift over the centerline or not react in time to avoid a motorcycle. We pursue punitive damages in such cases to further hold the drunk driver accountable.

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Road Hazards and Defects: Motorcycles are more sensitive to road conditions than cars. Potholes, debris, uneven pavement, or lack of proper road signage can cause a motorcyclist to crash. For example, hitting a large pothole could blow out a bike’s tire or throw the rider off balance. Poorly designed roads (unsafe curves without warnings) or construction zones without proper warnings can also cause accidents. In such cases, a governmental entity or construction company could be liable for failing to maintain a safe roadway (though suing government has its own complexities).

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Motorcycle Mechanical Failures: Occasionally a crash is due to a motorcycle defect or maintenance issue – e.g., brake failure, tire blowout (perhaps from a defective tire), or a stuck throttle. If a product defect is involved, we can pursue the manufacturer. If a repair shop’s negligence led to the failure (like improper brake installation), they can be liable. However, these are less common than driver-caused accidents.

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Motorcyclist Evasive Actions: Sometimes a motorcyclist crashes not from a direct collision, but from swerving to avoid a negligent driver. For instance, a car drifts toward a bike; the rider swerves and lays the bike down or hits another object. Even if the car didn’t physically hit the motorcycle, that driver can be liable for the accident they caused. These are called “no-contact” accidents. We have to prove the other driver’s actions led to the rider’s crash (witnesses or sometimes dash-cam footage help).

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In summary, most motorcycle accidents we handle involve a car or truck driver failing to detect the motorcycle or failing to yield properly.

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Our job is to prove that negligence clearly and not let biases cloud the issue of fault.

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Common Injuries: Motorcycle accidents often result in serious injuries, because riders have minimal external protection. Common injuries include:

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Head Injuries: Even with a helmet, riders can suffer concussions or more severe traumatic brain injuries if they hit their head on the pavement or an object. Without a helmet, head injuries are often catastrophic or fatal. Brain injuries might cause cognitive impairment, memory loss, personality changes, or physical symptoms like poor balance or seizures. We emphasize these impacts with neurological expert testimony, as brain injury can be “invisible” to others but devastating to the individual and family.

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Road Rash and Skin/Soft Tissue Injuries: Sliding on asphalt can cause severe abrasions known as road rash. These injuries can range from mild to very severe (requiring skin grafts). They can leave permanent scarring or nerve damage. Road rash also poses infection risk and can be extremely painful. In claims, scarring is an element of damages (disfigurement). We sometimes have plastic surgeons evaluate permanent scars for potential treatments cost.

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Fractures: Broken bones are extremely common. Riders may break legs, arms, wrists (trying to catch themselves), collarbones, ribs, etc. Lower extremity fractures (broken ankles, tibia/fibula, knees, femur) occur often if the bike falls onto the leg or the leg hits another vehicle. Compound fractures (bone protruding) can occur, sometimes leading to long-term disability or even amputation if circulation was compromised. Spinal vertebrae fractures can also occur if the rider is thrown.

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Spinal Cord Injuries: A hard impact can injure the spinal cord, especially if the rider lands on their back or neck. This can result in paralysis (paraplegia or quadriplegia) or less severe but still life-altering issues like herniated discs that cause chronic pain or require surgery. Neck injuries are also common, including whiplash or more serious cervical spine damage.

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Internal Organ Damage: The blunt force trauma of hitting a car or the ground can injure internal organs. Common ones include spleen or liver lacerations, kidney injuries, or lung contusions/punctures (especially if ribs break). These injuries may not be obvious at the scene but can be life-threatening and require emergency surgery.

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Lower Extremity Injuries: The legs and feet often take a beating. Apart from fractures, riders may have severe knee injuries (ligament tears) if their leg twists or gets caught. Ankle injuries are common too. Some riders suffer complex injuries requiring orthopedic surgeries with pins, plates, or joint replacements. Such injuries can cause long-term mobility issues, especially knee injuries which can make even walking painful or limit standing time – important factors in damages for impacting work or daily life.

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Upper Extremity Injuries: Broken arms, wrist fractures (Colles’ fracture is common when one tries to break a fall with the hand), shoulder dislocations, and rotator cuff tears happen when riders hit the ground or a car. These can reduce one’s ability to lift or carry, impacting work or hobbies.

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Psychological Trauma: Surviving a bad crash (or even witnessing a friend’s fatal crash) can cause PTSD. Riders may be understandably reluctant or terrified to ride again, even drive a car, or they might have nightmares and anxiety. If a crash involves disfigurement or new disabilities, adjusting can lead to depression or emotional distress. We always account for mental anguish in our claims. Sometimes, if liability is contested due to bias, we even use psychological experts to discuss “inattentional blindness” (why drivers fail to see bikes) to educate the jury that it’s the driver’s fault, not an inherent risk the biker assumed.

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Motorcycle accidents often produce a combination of these injuries for one individual. For example, a rider might have road rash, a broken leg, and a head injury all from one crash. That multiplies the recovery challenges and the necessary compensation.

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Legal Challenges: Motorcycle cases have a few particular challenges:

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Bias Against Motorcyclists: There is often an implicit bias that motorcyclists are risk-takers or must have been speeding, etc. Insurance adjusters and defense lawyers may exploit this, alleging our client was partially or fully at fault without solid evidence – e.g., “the motorcycle was probably going too fast” or “riders know they are hard to see, so they assume the risk.” We tackle bias head-on. We highlight our client’s riding experience, training (many have taken safety courses), and careful habits (wearing full gear, etc.) to show they were a responsible rider.

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We may include witness statements that the rider was obeying laws. We often have to educate the jury that motorcycles have the same rights and responsibilities on the road as cars, and the law protects them equally. Voir dire (jury selection) is key – we weed out jurors who show strong bias (“I think motorcycles are dangerous and shouldn’t be allowed” – such a person should not be on the jury). Courts often include an instruction not to be biased against a party because they were riding a motorcycle. We ensure the jury understands and follows that.

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He-said-she-said Fact Patterns: In some crashes, the only witnesses are the rider and the car driver, who may have conflicting stories (e.g., each says the other ran the red light). If the rider is unconscious or deceased, it’s even harder because the driver’s account might dominate unless we find other evidence. We work to gather any available objective evidence: skid marks, vehicle damage analysis, surveillance or dash cam footage, eyewitnesses from nearby (sometimes canvassing for witnesses yields someone who saw something). Also, forensic accident reconstruction can be critical – experts can sometimes determine speed and positions from physical evidence. We may get the ECM (event data recorder) from the car (though motorcycles often lack these) to see if the car braked or sped, etc. If it truly boils down to oath vs. oath, bias can hurt unless we undermine the driver’s credibility or bolster our client’s (or their memory if memory gaps). Sometimes we leverage the police report if it favored our client (though not admissible usually unless the officer is qualified as an expert, but it can pressure insurance to settle if cops blamed their driver).

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Extent of Injuries Dispute: With severe injuries, defense might not dispute injury existence, but they might argue some injuries were from a prior condition or that our client is exaggerating pain. We counter by thorough medical documentation and often using treating doctors to testify. If a brain injury, we bring in neurologists or neuropsychologists to detail cognitive deficits that aren’t outwardly visible. With scars, we may show the jury (if the client is comfortable) or photos to make the intangible tangible. We calculate future medical needs (say for prosthetics, or future surgery to replace a plate or treat arthritis from a fracture) with experts so that it doesn't get overlooked. Because motorcyclists are often younger (not always, but many are in prime working age), we emphasize lost earning capacity if they can’t return to their job or any job, using vocational experts.

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Helmet Laws and Usage: If the rider wasn’t wearing a helmet in a state that requires it (or even if not required), defense may try to reduce damages by arguing injuries could’ve been less with a helmet. Many states disallow reducing compensation for not wearing a helmet (because it’s seen as seatbelt non-use – some states have seatbelt defense, others limit it). We know our jurisdiction’s stance: in some places, failure to wear a helmet can’t be used as evidence of comparative negligence for causing the accident, but they may attempt to use it to mitigate injury damages. We fight to exclude that if law is on our side. If helmet use is legally admissible, we might bring our own expert to say even with a helmet the injuries would’ve occurred or to minimize that argument. Regardless, we always highlight compliance with safety gear if present – if our client did wear a DOT helmet and still got a head injury, that underscores how violent the crash was. If they didn’t wear one but it was not required, we make sure jury knows they were within their rights and the focus is the crash cause, not that detail.

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Insurance Issues: Motorcyclists often suffer injuries that exceed the at-fault driver’s insurance limits. We then may need to look at our client’s own UIM (Underinsured Motorist) coverage if available. Many riders carry a UIM for this reason. We handle the UIM claim as part of representation, which can mean technically going against our client’s insurer if they don’t agree to pay full policy – but we do that so the client gets full benefit of what they paid for. Sometimes we have to formally file a separate claim or arbitrate with UIM carrier; we do so diligently, treating them as we would a third-party insurer in terms of proving damages. We also check if the driver was on the job (maybe triggering a company’s coverage or a larger policy), or if any third party has share of blame (e.g., a poorly designed intersection – tough, but we consider it). If the at-fault had low limits, we may quickly send a policy limits demand to lock that up, then pursue UIM.

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Negative Jury Perceptions of “Biker” Culture: If our client is part of a motorcycle club or had on gear with certain patches or logos, defense might try to play on prejudices (unfairly linking them to an “outlaw” image if it’s like a 1%er club or such). We humanize our client thoroughly – showing their family life, job, community contributions – so jurors see them as a person, not a caricature. If there are any social media or photos that could feed bias (like a photo of client popping a wheelie months prior – irrelevant, but they might try to use it), we move to exclude as irrelevant and prejudicial. We preempt any suggestion that our client was anything other than a safe, responsible rider on the day in question.

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Potentially Liable Parties: The primary liable party is usually the driver of the vehicle that hit the motorcycle. But other parties could include:

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The Driver’s Employer: If the car driver was working (delivery, Uber/Lyft possibly, sales rep, etc.) at the time, their employer may be vicariously liable. This is important because it may provide a larger pool of insurance or assets. We investigate the driver’s status – were they driving a company vehicle or on the clock? Even gig economy cases: if Uber/Lyft driver caused it, those companies have insurance that can apply (they now have policies up to $1M in many cases while on active ride). We ensure to put any corporate owner on notice if applicable.

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Vehicle Owner: If the at-fault driver doesn’t own the car, the owner’s insurance often covers the accident. Also, in some states under “negligent entrustment” or owner liability statutes, the owner can be liable if they lent the car to an incompetent driver. For example, if a parent lent to a teenager with known reckless habits, both parent and teen might be named. We typically include the owner (and their insurer) in the claim to be safe.

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Public Entities for Road Hazards: If a motorcycle accident was partly due to a dangerous road (gravel spill, pothole, lack of signs), a government entity might be liable for failing to maintain or warn. These cases have special notice requirements and sometimes immunity issues. But for instance, if multiple motorcycles were wiped out at the same unmarked curve, that suggests a defect. We consider consulting an accident reconstruction or road design expert to see if conditions contributed and if they violate any road standards. If so, we might pursue a claim against the city/county/state responsible. Governments often fight these, but sometimes they settle if negligence is clear. We caution clients about shorter claim deadlines for government (like 6 months notice in some areas).

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Manufacturers or Repair Shops: If a mechanical failure on either vehicle caused the accident (like car’s brakes failing – manufacturer or maintenance liability, or motorcycle’s steering locking up unexpectedly – manufacturer), we may pursue those third parties. It’s less common but possible. Also, if a helmet was defective (rare, but if a helmet buckle failed causing it to fly off, etc.), that could be a product claim. We examine the vehicles involved – sometimes a recall or defect might surface (e.g., certain cars had faulty headlights not illuminating enough; if that contributed to driver not seeing bike at night, we’d explore it).

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Other Drivers: Sometimes, another driver not directly involved can contribute. For example, Car A swerves to avoid Car B and hits a motorcycle. Car B (who fled or didn’t actually hit anyone) could still be partially liable for starting the chain. We pursue all involved or identified by evidence. If it’s a hit-and-run scenario where a phantom vehicle caused it, we use UIM coverage if available (since that covers accidents caused by unidentified drivers in many policies, usually requiring a report or witness to corroborate).

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Municipalities (in unusual contexts): E.g., if a police officer in a chase collided with a motorcyclist or forced them off road, there could be a claim against the police department (with issues of immunity if acting in emergency capacity; sometimes they have broad immunity for that unless recklessly endangering). Or if a city vehicle did something. But these are case-specific.

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Ultimately, RHC Law’s approach in motorcycle cases is thorough investigation, overcoming bias with facts and humanization, and relentless advocacy for full compensation because we know how severe these injuries are and how deserving our clients are of justice and support. Your fight is our fight, and we ride alongside you every step of the way towards recovery and accountability.

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