Your Rights as a Motorcyclist After an Accident

There is a unique sense of freedom that comes with riding a motorcycle on the open roads around Puget Sound. But with that freedom comes a heightened vulnerability. With virtually no physical protection, a motorcyclist is completely exposed to the full force of an impact in a collision. When a car or truck driver’s moment of inattention causes a crash, the results for the rider are often catastrophic.

To make matters worse, injured motorcyclists often face an immediate and unfair bias from insurance companies and even law enforcement. There’s a persistent, false stereotype of riders as reckless thrill-seekers. The insurance adjuster will often look for any excuse to blame the motorcyclist for the crash to avoid paying the high damages associated with their severe injuries.

If you have been injured while riding, it is critical to understand that you have the same rights as any other vehicle operator on the road. Knowing the laws and how to combat the unfair biases against you is the first step in fighting for the compensation you deserve.

Useful Information for You: In a Nutshell

• You Have the Same Rights as Cars: In Washington State, a motorcycle is a legal motor vehicle, and its rider is entitled to the full rights and protections of the road.
• Bias is a Real Hurdle: Be prepared for the other driver’s insurer to try to portray you as a reckless “biker.” This is a common tactic used to shift blame.
• “I Didn’t See Him” is Not an Excuse: The most common cause of motorcycle accidents is a car or truck violating the rider’s right-of-way. A driver’s failure to see a motorcycle is evidence of their inattention, not an excuse.
• Helmet Law and Your Claim: While Washington has a mandatory helmet law, not wearing a helmet does not prevent you from filing a claim. However, it can reduce your compensation if the defense can prove it contributed to your head injury.
• Injuries are Severe: Because motorcycle accidents often result in devastating injuries, the value of these claims is typically very high and requires expert medical and economic testimony.

Overcoming the Unfair Bias

The insurance adjuster will often start with the assumption that you, the motorcyclist, were at fault. They will look for any evidence of speeding, weaving through traffic, or aggressive riding. This is why it is so important to build a powerful, evidence-based case that proves the other driver’s negligence. The police report, photos, and especially witness statements are crucial for establishing a clear, unbiased account of what happened.

Common Causes of Motorcycle Accidents

Most serious motorcycle accidents are not caused by the rider’s recklessness, but by the carelessness of other drivers. The most common scenarios include:

• Cars Turning Left in Front of a Motorcycle: This is the single most dangerous situation for a rider. A driver misjudges the motorcycle’s speed and distance and turns directly into its path.
• Unsafe Lane Changes: A driver fails to check their blind spot and merges directly into the space occupied by the motorcycle.
• Rear-End Collisions: A distracted driver fails to notice a stopped or slowing motorcycle in front of them.
• “Dooring” Accidents: A person in a parked car opens their door into the path of an oncoming rider.

In all these cases, the driver of the car is the one who has violated the motorcyclist’s right-of-way.

Washington Motorcycle Laws and Your Claim

• Helmet Law (RCW 46.37.530): All riders and passengers in Washington are required to wear a federally-approved helmet. If you suffer a head injury in a crash and were not wearing a helmet, the defense will argue under the “comparative fault” rule that your own negligence contributed to your injury, which can reduce your compensation for that specific injury.
• Lane Splitting: Lane splitting (riding between two lanes of slow-moving or stopped traffic) is illegal in Washington State. If you are lane splitting at the time of an accident, you will likely be found at least partially at fault.

The injuries from a motorcycle accident—such as traumatic brain injuries, spinal cord damage, and severe road rash—can require a lifetime of medical care. Calculating the full, long-term cost of these damages is a complex process. If you have been injured in a motorcycle accident in the Tacoma area, you need an advocate who knows how to fight the unfair biases and prove the true value of your claim. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys with experience in these serious and high-stakes cases.

References

• Washington State Legislature – RCW 46.37.530 – Motorcycles—Helmets, other equipment:The official state law that mandates the use of approved helmets for all motorcycle riders and passengers.

  https://app.leg.wa.gov/RCW/default.aspx?cite=46.37.530

• Washington State Department of Licensing – Motorcycle safety:Official state resources, laws, and safety information for motorcyclists in Washington.

  https://www.dol.wa.gov/driver-licenses-and-permits/motorcycles

• Washington Traffic Safety Commission (WTSC) – Motorcyclist Safety:The official state agency providing statistics, data, and public safety campaigns related to motorcycle accidents and fatalities.

  https://wtsc.wa.gov/programs-priorities/motorcyclist-safety/