Understanding Your Rights after a Motorcycle Accident


In the US, motorcycles represent only 3% of all registered vehicles. However, they were involved in,

  • 3% of occupant injuries
  • 17% of occupant fatalities
  • 14% of total traffic fatalities

This clearly shows how dangerous motorbikes can be on the road.

If you drive a motorcycle, it is essential to know your legal rights in case of an accident.

This way, you can easily follow the right steps after a crash and protect yourself from any legal troubles.

San Diego motorcycle accident attorneys can inform you about your rights and as well as help you file a claim.

To know more about the topic, keep reading this article.

Your Legal Rights after a Motorcycle Accident 

After a motorcycle accident, you have to deal with many things – injuries, financial burdens, damages, etc. But if the accident wasn’t your fault, you need to know your rights. This way, you can follow the right steps to get a fair compensation:

1.      Right to Medical Treatment

After a motorcycle accident, it’s important to get medical help quickly. This means seeing a doctor or going to the emergency room as soon as possible, even if you don’t believe your injuries are serious.

Some injuries, like internal bleeding or concussion, might not be immediately obvious but could be serious. Getting immediate medical care will help you in recovery.

2.      Right to Evidence Collection

Gathering evidence from the accident scene can be vital for proving who was at fault. This evidence can include taking photos of the scene, any damage to your motorcycle, and any visible injuries you sustained.

Collecting witness statements from people who saw the accident occur can also help corroborate your version of events. This evidence can be important when dealing with insurance companies or if you choose to seek legal action. A motorcycle crash law firm can help you with evidence collection.

3.      Right to File Insurance Claims

If you have insurance coverage for your motorcycle, you have the right to file a claim with your insurance company to seek compensation for damages.

You may also have the option to file a claim with the insurance company of the at-fault driver if they were responsible for the accident.

Filing an insurance claim allows you to recover financial compensation for,

  • Medical expenses
  • Motorcycle repair or replacement costs
  • Lost wages
  • Other damages you incurred as a result of the accident

You can hire a motorcycle crash law firm to file a claim and deal with the insurance company.

4.      Right to Consult a Motorcycle Crash Law Firm

It’s important to understand your legal rights and options after a motorcycle accident, especially if the insurance company is giving you trouble.

You have the right to consult with a motorcycle crash law firm that specializes in personal injury cases. A lawyer can provide you with legal advice, help you understand your rights, and advise you through the process of getting compensation.

5.      Right to Compensation

If the motorcycle accident wasn’t your fault, you have the right to seek compensation from the at-fault party or their insurance company.

This compensation can cover various losses, including,

  • Medical expenses
  • Motorcycle repair
  • Lost income
  • Pain and suffering
  • Other damages

When You Are at Fault

If you caused the accident, your motorcycle insurance will cover your medical bills and lost wages for up to two years. It depends on your policy limits.

In some cases, medical expenses might be covered beyond this time frame. Your liability insurance will also compensate the other driver for their injuries and related expenses.

When You Are Not at Fault

No-Fault State

If the accident wasn’t your fault, and you are living in a no-fault state, then your insurance will cover the damages. However, if you are living in an at-fault state, the other party’s insurance will cover all the damages.

At-Fault State

The other driver’s insurance will compensate you for pain and suffering, lost wages, medical bills, and more. You can also seek damages for property damage. In certain cases, you may even receive punitive damages.

When Both Parties Are at Fault

Modified Comparative Negligence

Some states follow a system called “modified comparative negligence” when it comes to accidents. This means that sometimes, both drivers involved in an accident may share some level of fault.

If it’s found that you’re mostly responsible for the accident, you won’t be able to receive compensation for pain and suffering.

However, if your fault is determined to be no more than 50%, you can still get damages. But they’ll be reduced based on the percentage of your responsibility.

Pure Comparative Negligence

However, other states follow “pure comparative negligence.” This means you could still receive compensation even if you are deemed to be 99 percent responsible for an accident.

For example – if you have suffered damages worth $10,000 and the accident was 60% your fault, you will get 40% ($4,000) in compensation.

Why Should You Hire a Motorcycle Crash Law Firm?

Being in a motorcycle accident can completely disrupt your life. Dealing with insurance can be complex. You need someone who will stand up for you and guide you through this tough situation.

A motorcycle crash law firm can help you deal with the entire legal process. You have rights after an accident, and a motorcycle crash law firm can protect them for you.

Getting fair compensation that covers all your losses is important, and having a reliable motorcycle crash law firm on your side is the best way forward. Your attorney can assist you in the following ways:

  • Helping you understand your legal rights to make decisions that protect those rights throughout the legal process
  • Working with you to create a proper plan and strategy to handle the case
  • Collecting all the evidence needed for your claim
  • Negotiating skilfully with the insurance company to make sure you receive a fair settlement that covers all your losses
  • Getting ready for court if the insurance company doesn’t negotiate fairly
  • Offering necessary emotional support to help you successfully recover from injuries.