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Are There Special Considerations for Filing a Claim After a Motorcycle Accident?

December 6, 2024

Navigating the Process: Special Considerations for Motorcycle Accident Claims

Motorcycle accidents are unique and often more severe than car accidents due to the lack of protection riders have. If you're involved in a motorcycle accident, it’s essential to understand how these cases differ from other types of accidents. The process for filing a claim after a motorcycle accident involves a few special considerations that can impact your ability to receive fair compensation. In this blog, we’ll discuss the unique factors to keep in mind when filing a claim after a motorcycle crash.

Navigating the Process: Special Considerations for Motorcycle Accident Claims

Motorcycle accidents are unique and often more severe than car accidents due to the lack of protection riders have. If you're involved in a motorcycle accident, it’s essential to understand how these cases differ from other types of accidents. The process for filing a claim after a motorcycle accident involves a few special considerations that can impact your ability to receive fair compensation. In this blog, we’ll discuss the unique factors to keep in mind when filing a claim after a motorcycle crash.

1. Motorcycle Accidents Are Often More Serious

Increased Risk of Injury: Motorcycle riders are far more vulnerable to injury than drivers in enclosed vehicles. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are nearly 30 times more likely to die in a crash per mile traveled than car occupants. Given the severity of these accidents, insurance companies and the legal system take the severity of the injuries into account, which means you must be prepared to document your injuries thoroughly. 


Severity of Injuries Can Affect Compensation: Since motorcycle accidents often result in serious injuries, such as broken bones, road rash, or even head trauma, the medical costs may be significant. When filing a claim, make sure all injuries, both visible and internal, are documented. Severe injuries can increase the value of your claim, but they may also lead to a more complicated process when determining liability and fault. 

Increased Risk of Injury: Motorcycle riders are far more vulnerable to injury than drivers in enclosed vehicles. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are nearly 30 times more likely to die in a crash per mile traveled than car occupants. Given the severity of these accidents, insurance companies and the legal system take the severity of the injuries into account, which means you must be prepared to document your injuries thoroughly. 


Severity of Injuries Can Affect Compensation: Since motorcycle accidents often result in serious injuries, such as broken bones, road rash, or even head trauma, the medical costs may be significant. When filing a claim, make sure all injuries, both visible and internal, are documented. Severe injuries can increase the value of your claim, but they may also lead to a more complicated process when determining liability and fault. 

2. Insurance Challenges in Motorcycle Accident Claims

2. Insurance Challenges in Motorcycle Accident Claims

Insurance Bias Against Motorcyclists: Unfortunately, motorcycle riders sometimes face bias when filing claims. Insurance companies may attempt to minimize the payout by stereotyping motorcyclists or blaming the rider for the accident. For example, some insurers may argue that the rider was speeding or riding recklessly, even if the evidence doesn’t support that claim. 


Uninsured/Underinsured Motorist Coverage: Many motorcyclists are not properly insured for situations involving uninsured or underinsured drivers. It’s crucial to ensure that your own insurance policy includes this coverage, which can protect you in case the driver at fault doesn’t have sufficient coverage to pay for your medical expenses and damages. 

Insurance Bias Against Motorcyclists: Unfortunately, motorcycle riders sometimes face bias when filing claims. Insurance companies may attempt to minimize the payout by stereotyping motorcyclists or blaming the rider for the accident. For example, some insurers may argue that the rider was speeding or riding recklessly, even if the evidence doesn’t support that claim. 


Uninsured/Underinsured Motorist Coverage: Many motorcyclists are not properly insured for situations involving uninsured or underinsured drivers. It’s crucial to ensure that your own insurance policy includes this coverage, which can protect you in case the driver at fault doesn’t have sufficient coverage to pay for your medical expenses and damages. 

3. Proving Fault in Motorcycle Accidents

3. Proving Fault in Motorcycle Accidents

Gather Evidence Thoroughly: Proving fault can be more complicated in motorcycle accidents due to the small size of the vehicle and the potential for high speeds. You’ll need to collect as much evidence as possible to support your claim. This includes: 

Gather Evidence Thoroughly: Proving fault can be more complicated in motorcycle accidents due to the small size of the vehicle and the potential for high speeds. You’ll need to collect as much evidence as possible to support your claim. This includes: 

Photos of the

accident scene 

Eyewitness statements 

Traffic camera footage

(if available) 

Police reports 

Role of Helmet Use: Another factor that can affect your claim is whether or not you were wearing a helmet. While some states have laws requiring helmet use, others do not. Even in states where wearing a helmet is not required, not wearing one may impact your claim, as insurance adjusters or juries may consider whether the injuries could have been less severe with helmet use. However, Arizona, for instance, does not require helmets for riders 18 and older, so this should be considered in light of state law. 

Role of Helmet Use: Another factor that can affect your claim is whether or not you were wearing a helmet. While some states have laws requiring helmet use, others do not. Even in states where wearing a helmet is not required, not wearing one may impact your claim, as insurance adjusters or juries may consider whether the injuries could have been less severe with helmet use. However, Arizona, for instance, does not require helmets for riders 18 and older, so this should be considered in light of state law. 

4. Comparative Negligence and Fault Determination

4. Comparative Negligence and Fault Determination

Arizona’s Comparative Negligence Law:  In many cases, both parties involved in a motorcycle accident may share some responsibility. Arizona follows a comparative negligence law, meaning that if you were partially at fault for the accident, your compensation might be reduced based on your percentage of fault. For example, if the accident was determined to be 70% the other driver’s fault and 30% yours, you would still be eligible for compensation but would receive only 70% of the damages.

 

Motorcycle-Specific Evidence in Court:  When you go to court, be prepared to provide evidence specific to motorcycles. For example, demonstrating that the other driver failed to see you, didn't yield the right of way, or didn’t obey traffic laws can be a key factor in proving fault. Your attorney will need to work with experts, such as accident reconstruction specialists, to prove that the other driver was at fault. 

Arizona’s Comparative Negligence Law:  In many cases, both parties involved in a motorcycle accident may share some responsibility. Arizona follows a comparative negligence law, meaning that if you were partially at fault for the accident, your compensation might be reduced based on your percentage of fault. For example, if the accident was determined to be 70% the other driver’s fault and 30% yours, you would still be eligible for compensation but would receive only 70% of the damages.

 

Motorcycle-Specific Evidence in Court:  When you go to court, be prepared to provide evidence specific to motorcycles. For example, demonstrating that the other driver failed to see you, didn't yield the right of way, or didn’t obey traffic laws can be a key factor in proving fault. Your attorney will need to work with experts, such as accident reconstruction specialists, to prove that the other driver was at fault. 

5. Documenting Medical Expenses and Loss of Income

5. Documenting Medical Expenses and Loss of Income

Medical Bills and Lost Wages: Filing a claim after a motorcycle accident often involves significant medical expenses and lost wages. Since motorcycle accidents tend to cause more serious injuries, keep thorough records of: 


  • All medical treatments (hospital visits, surgery, physical therapy, etc.) 
  • Prescription medications 
  • Time off work due to the accident and injuries 


These expenses are crucial to proving the full extent of your damages, and they should be included in your claim to ensure you receive compensation for both your medical bills and lost income. 

Medical Bills and Lost Wages: Filing a claim after a motorcycle accident often involves significant medical expenses and lost wages. Since motorcycle accidents tend to cause more serious injuries, keep thorough records of: 


  • All medical treatments (hospital visits, surgery, physical therapy, etc.) 
  • Prescription medications 
  • Time off work due to the accident and injuries 


These expenses are crucial to proving the full extent of your damages, and they should be included in your claim to ensure you receive compensation for both your medical bills and lost income. 

6. Working with an Experienced Lawyer

6. Working with an Experienced Lawyer

Legal Help Is Crucial: Given the complexity of motorcycle accident claims, having an experienced personal injury attorney can be invaluable. An attorney will: 


  • Investigate the accident to gather all relevant evidence 
  • Negotiate with insurance companies on your behalf 
  • Ensure you meet all legal requirements and deadlines for filing your claim 
  • Help you get the full compensation you deserve for your injuries and damages 


Motorcycle accidents can be complicated to navigate, especially when dealing with insurance companies and proving fault. Having a skilled lawyer in your corner ensures that you can focus on your recovery while they handle the legal challenges. 

Legal Help Is Crucial: Given the complexity of motorcycle accident claims, having an experienced personal injury attorney can be invaluable. An attorney will: 


  • Investigate the accident to gather all relevant evidence 
  • Negotiate with insurance companies on your behalf 
  • Ensure you meet all legal requirements and deadlines for filing your claim 
  • Help you get the full compensation you deserve for your injuries and damages 


Motorcycle accidents can be complicated to navigate, especially when dealing with insurance companies and proving fault. Having a skilled lawyer in your corner ensures that you can focus on your recovery while they handle the legal challenges. 

Motorcycle accidents often come with unique challenges when filing a claim. From proving fault to dealing with biased insurance practices, it’s essential to be prepared and knowledgeable. Make sure to gather evidence, document your injuries and expenses, and, when needed, seek expert legal help to ensure you receive fair compensation for your damages. By understanding the special considerations involved, you’ll be in a better position to protect your rights and secure the support you need to recover. 

Motorcycle accidents often come with unique challenges when filing a claim. From proving fault to dealing with biased insurance practices, it’s essential to be prepared and knowledgeable. Make sure to gather evidence, document your injuries and expenses, and, when needed, seek expert legal help to ensure you receive fair compensation for your damages. By understanding the special considerations involved, you’ll be in a better position to protect your rights and secure the support you need to recover. 

If you’ve been involved in a motorcycle accident, don't hesitate to reach out for help.

Contact us today to speak with an experienced personal injury attorney who can guide you through the claims process and ensure you get the compensation you deserve. 

If you’ve been involved in a motorcycle accident, don't hesitate to reach out for help.

Contact us today to speak with an experienced personal injury attorney who can guide you through the claims process and ensure you get the compensation you deserve. 

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