Motorcycle Accident Lawyer

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The Editors · Updated May 2026 · 11 min read

Motorcycle accident lawyer: when riders get blamed first.

Motorcycle riders are 28x more likely to die in a crash than car occupants — and 4x more likely to be injured. They’re also routinely blamed for accidents that weren’t their fault, thanks to deep-seated bias against riders. A lawyer experienced with motorcycle cases knows how to push back on that bias and prove what really happened.

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What kind of accident were you in?
Common motorcycle case types

Types of motorcycle crashes.

№ 01

Hit by car

The most common motorcycle crash. Driver “didn’t see” the bike — usually because they didn’t look.

№ 02

Lane-splitting (CA legal)

Legal in California, gray in most other states. Insurance routinely tries to blame the rider.

№ 03

Left-turn crashes

Driver turns left across rider’s path. One of the deadliest scenarios.

№ 04

Hit and run

UM/UIM coverage is critical when the at-fault driver flees.

№ 05

Road defects

Potholes, unmarked construction, debris. Government entity claims have short deadlines.

№ 06

Helmet law cases

States vary. In universal-helmet states, no helmet can reduce damages but rarely bars recovery.

Why riders get blamed

The anti-biker bias problem.

Studies consistently show jurors and adjusters assume motorcyclists were speeding, weaving, or otherwise reckless — even when evidence says otherwise. This bias affects every part of a motorcycle case: insurance offers come in low, fault gets shifted to the rider, and damages get reduced. A lawyer who handles motorcycle cases regularly knows how to neutralize that bias.

Specific tactics that work:

  • Helmet and gear photos. Riders who were wearing full safety gear at the time of the crash get more favorable treatment. Document what you were wearing.
  • Speed reconstruction. Insurers default-assume riders were speeding. Accident reconstruction experts can prove your actual speed from physical evidence.
  • Driver phone records. Subpoenaed phone records often show the at-fault driver was on their phone right before “not seeing” the motorcycle.
  • Visibility analysis. Even with proper gear and headlight on, drivers under-detect motorcycles. This is a documented inattentional-blindness phenomenon — not your fault.

California’s lane-splitting law

California is the only state where lane-splitting is fully legal (CVC §21658.1). Even so, when a lane-splitting crash happens, drivers and insurers frequently try to blame the rider. The actual law: lane-splitting is legal as long as it’s done “in a safe and prudent manner.” A specific speed cap was removed in 2017 but the CHP recommends staying under 10 mph above traffic. A lawyer familiar with California motorcycle law can defend a lane-splitting case effectively.

FAQ

Common questions about motorcycle claims.

What’s a typical motorcycle accident settlement?
Motorcycle settlements vary widely by injury severity. Minor injuries: $25,000-$100,000. Moderate (broken bones, surgery): $100,000-$500,000. Severe (TBI, spinal cord): $500,000 to several million. Severe injuries are more common in motorcycle cases than car accidents because of the lack of protective enclosure.
Will not wearing a helmet hurt my case?
Depends on your state. In universal-helmet states (CA, NY, etc.), riding without a helmet violates state law and can reduce your damages — but rarely bars recovery entirely. In partial-helmet or no-helmet states, lack of a helmet typically can’t be used against you.
What if the driver says they “didn’t see” me?
“Didn’t see” is not a defense. A driver’s duty is to look. The standard inattentional-blindness phenomenon explains why drivers fail to notice motorcycles — but it doesn’t excuse them. Lawyer-driven investigation often turns up phone records, distracted driving, or other contributing factors.
Can I recover if I was lane-splitting in California?
Yes. Lane-splitting is legal in California. The driver who hit you is still at fault if they didn’t make a safe lane change or didn’t yield. Your settlement may be slightly reduced under comparative negligence if your splitting speed or behavior was deemed unsafe — but you can absolutely recover.
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