What to Do After a Motorcycle Accident

Motorcyclists have far less protection than people in cars, so crashes are more likely to cause serious injury. Claims also face a familiar obstacle: assumptions that the rider was speeding or reckless. Good evidence is the answer to both.

At the scene

1. Move out of traffic if you can do so safely, and call 911.
2. Accept medical evaluation. Adrenaline masks pain, and head, spine and internal injuries are common.
3. Do not remove your helmet if you have neck pain or numbness; let paramedics do it.
4. Exchange information with the driver: name, license, plate and insurance.
5. Photograph everything: vehicle positions, your bike, the other car, skid marks, road surface, debris, and traffic signals.
6. Get witnesses. Independent witnesses help counter bias against riders.
7. Keep your gear. Your helmet, jacket and boots are evidence of impact points; do not throw them away.

In the following days

• Follow up with a doctor and keep all records.
• Report the crash to your insurer.
• Get the police report and check it for errors.
• Do not give a recorded statement to the driver's insurer before getting advice.

Common causes of motorcycle crashes

Many crashes with cars involve a driver turning left in front of an oncoming motorcycle, changing lanes into a rider in a blind spot, or opening a door into the rider's path. In these situations the driver is often at fault under ordinary negligence rules (Cornell LII).

Who pays

• The at-fault driver's liability insurance pays your medical bills, lost wages, bike repairs and pain and suffering up to its limits.
• Your uninsured/underinsured motorist coverage pays if the driver has no insurance or too little. See uninsured driver accidents.
• Medical payments coverage on your motorcycle policy can pay bills quickly.
• In no-fault states, motorcycles are often treated differently from cars for PIP, so check your policy.

Does not wearing a helmet hurt my claim?

Helmet laws differ: some states require every rider to wear one, others only young riders, and a few have no requirement (GHSA, NACCHO). Not wearing a helmet does not change who caused the crash, but in some states the insurer can argue that a head injury would have been less severe with one, which can reduce damages under comparative fault rules (Cornell LII).

Serious injuries

Road rash, fractures, spinal injuries and brain injuries are common in motorcycle crashes. See traumatic brain injury claims and spinal cord injury lawsuits.

Talk to a personal injury lawyer if you were hurt, especially if the driver disputes fault.

Sources

1. Cornell Law School LII: Negligence
2. Cornell Law School LII: Comparative negligence
3. GHSA: Motorcyclist safety state laws
4. NACCHO: Universal motorcycle helmet laws