Motorcycle Accident Attorneys

Common Causes of Motorcycle Accidents

Motorcycle accidents frequently occur due to the careless actions of other drivers on the road. If another driver’s negligence leads to a collision with a motorcycle, that driver is generally liable for the injured motorcyclist’s damages.

You may have a claim and should not wait to get legal advice if your motorcycle crash was the result of any of the following common forms of driver negligence:

• Distracted driving. When drivers take their attention off the road, they may fail to notice a motorcyclist, leading to collisions. Examples of “distracted driving” include texting, using a smartphone, talking on the phone, or adjusting in-car entertainment systems. Distracted drivers may make unsafe lane changes or neglect to check blind spots, putting motorcyclists at risk.
• Failure to yield the right of way. Many motorcycle accidents occur at intersections where another driver fails to yield the right of way. This negligence can result in cars turning left in front of an oncoming motorcycle or failing to stop at stop signs. Such situations often lead to severe side-impact collisions, with motorcyclists being particularly vulnerable to serious injuries.
• Impaired driving. Drivers under the influence of alcohol or drugs exhibit impaired judgment, reduced coordination, and slowed reaction times. This significantly increases the likelihood of accidents, including those involving motorcycles. Impaired drivers may fail to notice a motorcyclist or misjudge their speed and distance, resulting in catastrophic crashes.
• Aggressive driving. Some drivers exhibit aggressive behaviors, such as tailgating, weaving in and out of traffic, or road rage. These actions can create an especially hazardous environment for motorcyclists, who need more space to maneuver safely. Aggressive drivers may also make sudden lane changes without checking for nearby motorcycles, leading to potential collisions.

State Motorcycle Accident Laws That Can Affect Your Claim

In the state of Washington, motorcyclists are subject to a variety of laws and regulations that govern their behavior on the road. Violating any of these rules can lead to complications in a legal claim, as insurance companies and courts may view violations as contributing factors to the accident or as evidence of negligence.

Here are a few of the state laws that can impact the strength of a motorcycle accident claim:

• Helmet law. Washington state requires all motorcyclists and their passengers to wear a helmet that meets safety standards. As we discussed above, failure to wear a qualifying helmet during an accident can lead to allegations of comparative negligence, potentially reducing the compensation a motorcyclist can get for injuries sustained in a crash – even if the collision wasn’t their fault.
• Motorcycle endorsement. Riders must possess a valid motorcycle endorsement on their driver's license to operate a motorcycle legally. If a motorcyclist is involved in an accident without this endorsement, it may be construed as negligence, which can complicate or weaken a claim.
• Lane splitting. Washington state law does not permit lane splitting – the act of riding a motorcycle between lanes of traffic. Engaging in this practice can jeopardize a rider's claim in the event of an accident, as insurance companies may argue that the motorcyclist was operating in a manner illegal under state law.
• Use of headlights. Motorcyclists are required to have their headlights on at all times while riding. If a motorcycle accident occurs and the rider was not using their headlights, this may be used against them as a factor contributing to the accident.
• Equipment requirements. Motorcycles must be equipped with certain features, such as functional turn signals and mirrors. A claim could be undermined if an accident occurs due to faulty equipment and the rider cannot prove compliance with equipment laws.

Recoverable Damages in Motorcycle Accident Cases

When a motorcycle accident occurs, the aftermath can involve significant physical, emotional, and financial burdens for the victims. The damages recoverable through legal action not only serve to address current losses but also anticipate future challenges that may arise due to the crash.

Our motorcycle accident lawyers are ready to fight to secure maximum compensation for all damages, including:

• Medical Expenses. This category encompasses all costs related to your medical care following the accident. It includes hospital stays, surgeries, rehabilitation services, ongoing therapy, and prescription medications. You can seek compensation for current medical expenses as well as anticipated future medical costs related to your injuries.
• Lost wages. If you are unable to work because of your injuries, you may claim lost wages for the time missed from your job. This includes past income loss as well as lost earning potential if your injuries have long-term impacts on your ability to return to work.
• Pain and suffering. These damages refer to the physical pain and emotional distress that you endure as a result of the accident. Pain and suffering damages are more subjective and can vary widely depending on the severity of your injuries and your specific experiences.

Washington Motorcycle Accident Statute of Limitations

Under Washington state law, you have three years from the date of the accident to initiate legal action for personal injury claims, including those resulting from motorcycle accidents. Failing to file within the three-year period can result in the loss of your right to seek compensation, so do not wait to get legal advice.

Obstacles in the Motorcycle Accident Claims Process

Motorcyclists face several obstacles when seeking compensation after an accident involving a negligent driver. These challenges can complicate their recovery process, making it essential to understand and address each one effectively:

• Bias Against Motorcyclists: There is often a societal bias against motorcyclists, with many people perceiving them as reckless or risk-takers. This prejudice can influence how insurance companies, juries, and even law enforcement view the accident, leading to a presumption that the motorcyclist was at fault, even if the negligent driver caused the crash.
• Proving Fault: In motorcycle accidents, it is crucial to prove that the other driver was negligent. However, establishing fault can be complex, especially if there were no witnesses or if the negligent driver denies responsibility. Evidence such as traffic camera footage, police reports, and expert testimony is essential to build a strong case, but gathering this evidence can be difficult.
• Comparative Negligence: Washington follows a "pure comparative negligence" rule, which means that even if a motorcyclist is partially at fault for the accident, they can still recover compensation. However, the amount of compensation they receive will be reduced by their percentage of fault. For example, if a motorcyclist is found to be 20% at fault for the accident, their compensation will be reduced by 20%. Unlike in some states, Washington does not bar recovery even if the motorcyclist is more than 50% at fault, but their compensation will be adjusted according to their share of responsibility. This can still be a hurdle if the negligent driver or their insurance company tries to exaggerate the motorcyclist's role in the accident to reduce the payout.
• Severe Injuries: Motorcyclists are more vulnerable to serious injuries due to their lack of protection. While this increases the potential value of their claim, it can also complicate the recovery process. The higher the medical bills and damages, the more likely insurance companies are to fight hard to reduce the payout. Additionally, severe injuries can delay legal proceedings as medical conditions may need to stabilize before determining long-term care costs.
• Insurance Company Tactics: Insurance companies often employ tactics to minimize payouts. They may try to downplay the extent of the motorcyclist's injuries or argue that the injuries were pre-existing. Motorcyclists must be prepared for lowball settlement offers or outright denials, which can delay the compensation process.
• Uninsured or Underinsured Drivers: If the negligent driver is uninsured or underinsured, recovering compensation becomes more challenging. Motorcyclists may need to rely on their own uninsured/underinsured motorist coverage to recover damages, which can involve a separate legal battle with their own insurance company.

If you've been injured in a motorcycle accident, contact our motorcycle accident lawyer by calling (360) 800-3009 today!