A motorcycle accident lawyer is a personal injury attorney who helps an injured rider pursue compensation after a crash. The lawyer investigates the collision, identifies who may be legally responsible, handles insurance companies, calculates losses, negotiates a settlement and files a lawsuit when necessary.
Many personal injury lawyers use contingency fees. The fee often ranges from one-third to 40 percent of the recovery, depending on the agreement, the state and the complexity of the case.
A motorcycle accident lawyer does not guarantee a payout or take every case to trial. The goal is to build the strongest claim possible and seek a fair recovery under the law that applies where the accident occurred.
Motorcycle Accident Lawyer Responsibilities at a Glance
| What the lawyer does | Why it matters |
|---|---|
| Investigates the crash | Helps establish how the collision happened and who may be responsible |
| Collects evidence | Preserves reports, photographs, video, witness accounts, medical records and other proof |
| Handles insurance companies | Manages claim communications and responds to efforts to reduce or deny payment |
| Calculates damages | Accounts for medical bills, lost income, property damage and other losses |
| Negotiates a settlement | Seeks compensation without requiring a trial |
| Files a lawsuit | Starts court proceedings when negotiations fail or a deadline is approaching |
| Manages litigation | Handles discovery, depositions, motions, mediation and trial preparation |
| Resolves the claim | Reviews settlement terms and addresses case-related expenses or reimbursement claims |
How Does a Motorcycle Accident Lawyer Investigate a Crash?
A lawyer investigates the crash to determine what caused it and whether another person or entity can be held legally responsible.
The investigation may include:
- Reviewing the police accident report
- Examining photographs and video from the scene
- Interviewing witnesses
- Documenting motorcycle and vehicle damage
- Reviewing traffic signals, road conditions and visibility
- Obtaining medical records and bills
- Examining helmet and protective-equipment evidence
- Consulting accident reconstruction or medical experts when necessary
- Investigating whether another driver was distracted, speeding, impaired or failed to see the motorcycle
The National Association of Insurance Commissioners recommends collecting witness information, officer details, road-condition notes, photographs and a diagram of the scene after a crash. A lawyer can use this information, along with later investigation, to support both the liability and damages portions of the claim.
The responsible parties may include:
- Another driver
- A commercial driver's employer
- A vehicle or motorcycle-parts manufacturer
- A government entity responsible for road maintenance
- More than one person or entity
The evidence and state law determine which parties can be named in a claim.
How Does the Lawyer Prove Fault?
A motorcycle accident lawyer proves fault by addressing four questions:
- What duty did the other person or entity owe?
- How did that person or entity breach the duty?
- Did the breach cause the motorcycle accident?
- What losses did the accident cause?
For example, a claim may allege that a driver failed to yield, changed lanes without checking, followed too closely or drove while distracted. The lawyer must connect that conduct to the collision and then connect the collision to the rider's injuries and financial losses.
Motorcycle cases can also involve assumptions that blame the rider. NHTSA notes that motorcycles are smaller and can be harder for other drivers to see. Many multi-vehicle motorcycle crashes occur because the other driver did not see the motorcyclist. A lawyer may need evidence that distinguishes visibility issues from claims that the rider was speeding, weaving or otherwise responsible.
What Does a Motorcycle Accident Lawyer Do With the Insurance Company?
The lawyer handles communications with the at-fault driver's insurer and, when appropriate, the rider's own insurer. This work may include:
- Reporting the claim
- Preparing a demand letter
- Providing evidence of fault
- Submitting medical records and bills
- Documenting lost wages and reduced earning ability
- Negotiating the value of the motorcycle and other property
- Responding to requests for statements or records
- Reviewing settlement offers
- Explaining whether accepting a settlement would end the claim
An insurance adjuster investigates damages and determines what the insurer may pay. The adjuster does not represent the injured rider. The NAIC explains that the claims process is governed by state law and that policyholders should understand an insurance decision before accepting it.
A lawyer can also review uninsured motorist and underinsured motorist coverage. Uninsured motorist coverage may apply when the at-fault driver has no insurance. Underinsured motorist coverage may apply when the driver's policy limits are not enough to cover the rider's losses. The policy language and state rules determine whether either type of coverage applies.
How Does the Lawyer Calculate Compensation?
The lawyer calculates compensation by identifying the rider's current and future losses. Depending on the facts, a claim may include:
- Emergency treatment and hospital bills
- Surgery, rehabilitation and prescription costs
- Future medical care
- Lost wages
- Reduced future earning capacity
- Motorcycle repair or replacement
- Damage to riding gear and personal property
- Pain and suffering
- Scarring, disfigurement or disability
- Loss of enjoyment of life
When an injury affects the rider's ability to work or requires long-term care, the lawyer may consult doctors, vocational experts, economists or life-care planners. Personal injury claims generally seek money for harm caused by another party's legally actionable conduct.
Does a Motorcycle Accident Lawyer Have to File a Lawsuit?
No. Many motorcycle accident claims end through insurance negotiations or a settlement. A lawyer may recommend filing a civil lawsuit if the insurer disputes liability, refuses to make a reasonable offer or the potential recovery warrants formal litigation.
Filing a lawsuit begins court proceedings. The complaint identifies the alleged wrongdoing, describes the injury and damages, states the relief requested and is served on the defendant. The parties may then exchange documents, answer written questions and take depositions under oath during discovery.
A case can still settle after a lawsuit is filed. Courts often encourage settlement or mediation because resolving a case without trial can reduce time and expense. If the parties do not settle, a judge or jury decides liability and damages under the applicable legal standard.
What Does the Lawyer Do Before and During Trial?
Before and during trial, the lawyer may:
- Draft and file the complaint
- Respond to the defendant's filings
- Conduct discovery
- Take and defend depositions
- Hire and prepare expert witnesses
- File motions
- Prepare exhibits and demonstrative evidence
- Question witnesses
- Present opening and closing arguments
- Ask the judge or jury to award damages
The lawyer should also explain the case's strengths, weaknesses and risks. That information helps the rider decide whether to accept a settlement or continue toward trial.
How Much Does a Motorcycle Accident Lawyer Cost?
Many personal injury lawyers use a contingency-fee agreement. The lawyer receives a percentage of the recovery instead of charging an hourly fee. The ABA states that contingency percentages often range from one-third to 40 percent, although the actual fee depends on the written agreement, the state and the case.
The agreement should explain:
- The lawyer's percentage
- Whether the percentage changes if the case goes to trial or appeal
- Which litigation expenses may be deducted
- Whether expenses are deducted before or after the attorney's fee is calculated
- Whether the client owes expenses if there is no recovery
The ABA Model Rules call for contingent-fee agreements to be in writing and to explain how fees and expenses are calculated. State rules may impose additional requirements.
When Should You Contact a Motorcycle Accident Lawyer?
Contact a lawyer promptly if:
- You suffered serious or lasting injuries
- The other driver disputes fault
- The insurance company blames you for the crash
- The insurer offers a quick settlement
- You cannot work because of your injuries
- More than one person or company may be responsible
- The at-fault driver was uninsured or underinsured
- The crash involved a defective motorcycle part or dangerous road
- You do not know how long you have to bring a claim
The deadline for filing a personal injury lawsuit varies by jurisdiction and claim type. Missing the applicable statute of limitations can prevent an otherwise valid claim from proceeding, so confirm the deadline with a lawyer in the relevant state.
Bring your insurance information, police report, medical records, bills, wage-loss documents, photographs, witness details and messages from the insurer. Do not sign a settlement agreement until you understand whether it releases all related claims.