Motorcycle accidents are often life-changing, leaving riders with serious injuries, lost income, and long-term recovery needs. Filing a lawsuit can help you pursue justice, but the outcome of your case may depend on avoiding a handful of critical mistakes. Sadly, many riders do not realize they have made these errors until it is too late.
At Lowe Law Group, we have represented countless motorcycle accident victims and seen how simple missteps can weaken a claim. With years of trial experience and millions recovered for injured clients, our attorneys understand how to build strong cases and fight back against powerful insurance companies. This guide highlights the five most common motorcycle accident lawsuit mistakes and provides practical advice for avoiding them. We also include examples, scenarios, and tips to help you understand how these pitfalls play out in real life.
Key Takeaways
- File promptly. Waiting too long can result in your lawsuit being dismissed entirely.
- Collect evidence. Failing to preserve photos, reports, and medical records weakens your claim.
- Understand helmet laws. Failing to consider how helmet use affects your case can result in reduced compensation.
- Be cautious with insurers. Trust in insurance companies too soon, and it often leads to unfair settlements.
- Know comparative fault rules. Misunderstanding them can cost you significant damage.
Mistake #1: Waiting Too Long to File Your Lawsuit
According to IIHS.org, nearly 6,000 motorcyclists were killed on U.S. roads in 2022, representing a continued rise in rider fatalities nationwide. These sobering numbers underscore the importance of taking timely legal action after a crash.
Consider this scenario: a rider assumes they have plenty of time, but by the time they contact an attorney, crucial witness memories have faded, and security footage of the crash has already been erased. Filing late or waiting too long to start can jeopardize your entire case.
The takeaway? File promptly and consult an attorney early. This ensures that paperwork is completed on time and evidence is preserved before it is lost or destroyed.
Mistake #2: Overlooking Evidence That Could Prove Fault
Substantial evidence is the backbone of any motorcycle accident lawsuit. Without it, your word may be pitted against the driver’s, and insurance companies are quick to downplay your injuries. Mistakes like failing to photograph the accident scene, neglecting to collect witness contact information, or skipping medical follow-ups can all weaken your case.
Imagine a rider who leaves the crash scene in shock and only reports the accident later. By then, the skid marks have faded, the damaged road sign has been replaced, and eyewitnesses cannot be located. That lost evidence could have been the key to proving fault.
According to the National Highway Traffic Safety Administration, thorough crash investigation and data collection play a crucial role in determining fault and enhancing roadway safety. The same principle applies to your personal injury claim; strong evidence makes your case much more challenging to dispute.
Mistake #3: Ignoring How Helmet Use Affects Your Claim
Helmet use is not just about protecting your head; it can also influence your lawsuit. In some states, not wearing a helmet can reduce the damages you recover, even if the other driver was entirely at fault. In others, helmet use may not legally affect compensation but can still shape how insurance adjusters and juries perceive your case.
Take, for example, two riders injured in similar crashes. One wore a helmet, the other did not. The helmeted rider may face fewer challenges to their damages claim. In contrast, the non-helmeted rider may have their compensation reduced on the argument that they failed to take reasonable safety precautions.
Medical research shows that helmets dramatically reduce the risk of head injury and death for motorcyclists, according to the Centers for Disease Control and Prevention. Not only can a helmet save your life, but it may also protect your right to full compensation in a lawsuit.
Mistake #4: Trusting Insurance Companies Too Soon
Insurance companies often present themselves as friendly and helpful after an accident, but their goal is to protect their bottom line. Riders often make the mistake of providing recorded statements to insurers without seeking legal advice, only to have those words used against them later. Others accept the first settlement offer, which is often far less than the actual value of their case.
Imagine being offered a quick settlement that barely covers your emergency room bill. Without understanding future medical costs, lost wages, or long-term rehabilitation needs, you could end up shouldering thousands of dollars in expenses on your own. Never assume the first offer is fair.
At Lowe Law Group, we deal with these tactics every day. Our trial-tested attorneys understand how insurers operate and effectively push back when they attempt to undervalue claims. We ensure that our clients receive settlements that accurately reflect the full scope of their losses.
Mistake #5: Misunderstanding Comparative Fault Rules
Comparative fault laws determine how damages are divided when more than one party shares responsibility for a crash. Many motorcyclists mistakenly believe they cannot recover damages if they are partly at fault, but this is not true in most states. Instead, compensation is usually reduced by the rider’s percentage of fault.
For example, if a jury finds you 20% responsible for an accident and awards $100,000 in damages, you would still recover $80,000. Riders who do not understand this principle may walk away from valid claims because they think partial fault bars recover altogether.
Our attorneys regularly explain comparative fault rules to ensure clients understand what to expect. We have helped riders recover compensation even when insurance companies tried to shift most of the blame onto them. Knowing the law empowers you to fight for what you deserve.
Frequently Asked Questions
Q: How long do I have to file a motorcycle accident lawsuit?
A: It depends on the state, but in Utah, most personal injury claims must be filed within four years. Acting quickly is always the safest choice.
Q: What if I was not wearing a helmet during the accident?
A: You may still have a valid claim, though your damages could be reduced depending on local law. Always consult an attorney to understand the rules in your state.
Q: Can I handle the insurance claim on my own?
A: You can, but it is risky. Insurance companies are skilled at minimizing payouts, so having an attorney greatly increases your chances of a fair settlement.
Q: What compensation is available in motorcycle accident cases?
A: Victims may recover damages for medical expenses, lost wages, property damage, pain and suffering, and, in some cases, punitive damages if the driver’s behavior was especially reckless.
Q: How does comparative fault affect my case?
A: Even if you share responsibility for the crash, you may still recover compensation. The amount awarded is usually reduced in proportion to your percentage of fault.
Avoid Motorcycle Accident Lawsuit Mistakes
Motorcycle accident lawsuits are complex, and small mistakes can have life-altering consequences. By filing promptly, collecting strong evidence, understanding helmet laws, and avoiding insurance traps, you can strengthen your claim. Most importantly, having an experienced lawyer by your side ensures your rights are protected and your voice is heard.
At Lowe Law Group, our attorneys have recovered millions for riders and their families. We are not afraid to take cases to trial when necessary, and our knowledge of personal injury law, combined with real courtroom experience, makes us a trusted choice.
You can schedule a visit or call today for a free consultation. We listen. We care. You win.
