Understanding Motorcycle Accident Laws and Your Rights

Burnside Brankamp Law
May 12
3 min read

Motorcycle accidents can be life-changing, impacting both riders and their families. Whether you ride regularly or occasionally, understanding your legal rights and responsibilities is essential. Being informed can make a major difference in the aftermath of an accident.

This blog will guide you through key legal considerations so you can be prepared if you ever face this difficult situation.

Understanding Motorcycle Accident Laws

Motorcycle accident laws exist to protect all road users, including riders. These laws cover helmet use, lane splitting, and who’s liable in an accident. They often differ from general traffic laws due to the unique risks of riding a motorcycle.

Laws also vary by state. For instance, helmet laws differ widely: some states require helmets for all riders, while others do not. Knowing your state’s rules helps you stay compliant and protected.

Your Rights as a Motorcycle Accident Victim

If you're injured in a motorcycle accident, you have specific rights aimed at ensuring fair treatment and compensation. Always prioritize your safety and seek medical attention—even if injuries seem minor. Document the scene with photos and witness statements, and contact law enforcement for an official report.

You may be entitled to compensation for:

Medical expenses
Property damage
Lost income
Pain and suffering

Knowing and asserting your rights can significantly improve your chances of a smooth recovery—both physically and financially.

Common Causes of Motorcycle Accidents

Understanding the common causes of motorcycle accidents can help you stay safe—and build a stronger case if you're injured. Major causes include:

Driver negligence – Many car drivers fail to see motorcycles when turning or changing lanes.
Road hazards – Potholes, gravel, and poorly marked roads are especially dangerous for motorcycles.
Weather – Rain, ice, or wind can create treacherous riding conditions.
Mechanical issues – Defects or recalls can lead to crashes. Riders should stay updated via the National Highway Traffic Safety Administration (NHTSA) recall database.

The Legal Process After a Motorcycle Accident

After an accident, act quickly and carefully:

Report the accident to your insurance provider.
Document everything, including medical visits and repair estimates.
Know your policy—insurance companies may offer low initial settlements, so review carefully.
Be mindful of time limits—each state has a statute of limitations for filing claims or lawsuits.

Prompt action helps preserve your rights and improves your chances of receiving full compensation.

Choosing the Right Legal Representation

An experienced motorcycle accident attorney can make a big difference. They understand the unique aspects of these cases and can guide you toward fair outcomes.

When choosing a lawyer:

Look for a strong track record in motorcycle accident cases.
Choose someone who offers a contingency fee arrangement—they only get paid if you win.
Make sure communication is clear and comfortable.

The right attorney will be both your advocate and your advisor during this critical time.

Compensation and Settlements

You may be eligible for compensation covering:

Emergency medical care
Ongoing treatment or rehabilitation
Lost income
Emotional distress

The amount you receive depends on the severity of your injuries, evidence strength, and the clarity of liability. Insurance companies often aim to minimize payouts, so a solid legal strategy and experienced counsel are essential.

A fair settlement should reflect both current and future needs.

Securing Your Path Forward

Navigating life after a motorcycle accident is challenging, but the right information and legal help can make the road smoother. Being informed allows you to act confidently and protect your future.

If you need legal support, Burnside Brankamp Law is here to help. We’re committed to standing by your side with expert guidance and compassionate representation.