Custom Motorcycle Crash Liability

A Seattle, WA motorcycle accident lawyer often faces unique challenges when a collision involves a custom-built or heavily modified bike. At Herschensohn Law Firm, PLLC, we represent riders who not only suffer injuries but also face scrutiny over the design or alterations of their motorcycles.

How Modifications Affect Liability

Custom motorcycles may include changes to the frame, lighting, suspension, exhaust, or braking systems. While these changes are common among enthusiasts, they can affect how fault is assessed in an accident. For example, if a crash involves a bike with non-standard lighting or braking capacity, insurers may argue that the modifications contributed to the collision.

Liability isn’t solely about what happened, it’s also about how the vehicle performed under normal use. If a modification reduced visibility or impaired maneuverability, that factor may influence how fault is divided between parties. State law still allows injury victims to recover even when partial responsibility is assigned.

What Counts As A Dangerous Modification

Certain modifications are more likely to raise legal issues than others. For instance, extended swing arms, oversized tires, or lowered suspensions might affect how a bike handles emergency maneuvers. Custom exhaust systems that reduce backpressure could unintentionally affect acceleration or braking responsiveness.

Washington courts will consider whether any change contributed meaningfully to the crash. They also examine whether the modification was done professionally or by the rider, and if safety standards were followed. In some cases, improperly installed parts can lead to product liability claims as well.

Evidence Is Key In Modified Bike Cases

In these cases, documenting the condition of the motorcycle post-accident is critical. Photos, expert inspections, and service records help demonstrate whether a modification was truly a factor or whether the other driver’s actions remain the core cause. We’ve handled similar cases where driver distraction or unsafe lane changes mattered far more than any non-factory equipment.

How fault is determined in a motorcycle crash case can be tricky, but knowing how to frame a claim involving a modified bike requires experience and attention to detail. Just remember, you should take photos and videos as evidence of your crash.

High-Traffic Areas And Custom Builds

Custom bikes are often more vulnerable in high-traffic environments, where visibility and responsiveness are essential. Riders may choose unique paint jobs, headlight configurations, or aftermarket mirrors but these same features may be viewed as contributing to reduced visibility.

Heavy traffic can intensify the danger, especially in areas where rapid braking and lane filtering occur. The risk factors we describe for high-traffic motorcycle crashes often apply even more to non-standard motorcycles. Before modifying your bike, be sure to check your local laws on what is allowed and what is recommended for safety.

Why Experience With Custom Bikes Matters

Representing riders with modified motorcycles takes familiarity with both riding culture and accident law. Our team is recognized among the Top 100 Trial Lawyers by The National Trial Lawyers and has represented riders throughout King County. A 9.9 Avvo rating reflects our ability to take on complicated claims including those involving mechanical disputes or aftermarket parts.

If your custom-built or modified motorcycle was involved in a crash, the team at Herschensohn Law Firm, PLLC can evaluate your case and help determine the best path toward compensation. Compile any data you have on your case such as photos or medical records, and then contact us immediately.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

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How Fault Is Determined In Motorcycle Crash Cases

A motorcycle crash often leads to significant injuries, damaged property, and financial strain in the days and weeks that follow. One of the most important legal issues in any case is determining who is at fault. Fault is the foundation of a personal injury claim, and it can affect everything from insurance payouts to the ability to recover damages in court. For motorcyclists, establishing fault can be especially important, as bias against riders may influence how an accident is perceived. Working with a legal team that understands how to gather and present strong evidence can make a significant difference. For those facing this process, consulting with a Seattle, WA motorcycle accident lawyer can be a practical first step.

Types Of Evidence That Help Establish Fault

Proving fault begins with collecting the right information. Police reports, witness statements, crash scene photographs, and video footage—whether from traffic cameras or nearby businesses—all contribute to showing what actually happened. In addition to visual and testimonial evidence, we often rely on physical evidence from the vehicles involved, such as skid marks, damage patterns, or debris distribution. These details can help reconstruct the crash and support claims about which party caused or contributed to it.

How Comparative Fault Affects Compensation

Washington follows a pure comparative fault system. This means that even if someone is partially at fault for the accident, they may still recover damages—though their compensation will be reduced by their percentage of fault. For example, if a motorcyclist is found to be 20% responsible for a crash and is awarded $100,000, they would receive $80,000. Insurance companies are well aware of this rule and often try to shift blame to minimize their payout. We work with clients to challenge unfair fault claims and focus on presenting the facts clearly and accurately.

When Multiple Parties Are Involved

Some accidents involve more than two vehicles, or they may include other factors such as defective road design, poor signage, or faulty parts. In these cases, more than one party could be liable. We conduct thorough investigations and review the entire context of the accident, including driver behavior, vehicle condition, and environmental conditions. This approach helps us identify all potentially responsible parties, which can increase the available sources of compensation.

Why Prompt Action Matters

After a crash, time matters. Witness memories fade, physical evidence disappears, and insurance companies begin their own investigations quickly. By acting early, our team can help preserve important details and protect our clients from statements or actions that could hurt their claim. At our firm, we offer free consultations and don’t charge any fees unless we recover compensation. That means people can get legal advice right away without worrying about upfront costs.

Helping Riders Protect Their Future

Determining fault in a motorcycle crash can be complicated, especially when biased assumptions about riders influence how the incident is viewed. We work to overcome those assumptions with facts, clear communication, and a strategy built around each client’s needs. Our firm is equipped to handle tough cases, including those involving serious injuries or disputed liability. With decades of combined experience and a strong commitment to client care, Herschensohn Law Firm, PLLC stands ready to help. To speak with our legal team about your case, reach out to us today for a free case review.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

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What to Do After a Motorcycle Accident

Call First Responders to the Scene of Your Accident
Note Details at the Scene of the Motorcycle Crash
Get Medical Attention If You Were Not Treated At the Scene
Notify Your Insurer of the Motorcycle Accident
Stay Off Social Media
Do Not Speak With the Liable Party
Complete Your Medical Treatment
Talk to Our Washington State Personal Injury Attorneys
Do Not Wait Too Long to File a Personal Injury Lawsuit
Tell Your Washington Motorcycle Accident Lawyers Everything
Have Your Washington Motorcycle Accident Lawyer Read All Insurance Documents
What to Do if You Were in a Hit-and-Run Accident
You Have Legal Options After a Motorcycle Accident in Washington State

If you know what to do after a motorcycle accident in Washington, you can avoid pitfalls that could cause you to receive less money from the negligent party than you deserve.

Every Washington motorcycle accident is different, so you will likely need to take some additional steps in your situation, but this guidance could get you started. Some of these tasks may not be possible with your injuries, but a friend or your lawyer can help.

If you are considering taking legal action after a motorcycle accident, call Herschensohn Law at (206) 588-4344. Our legal team offers free case reviews where you can learn more about your personal injury claim and next steps.

Call First Responders to the Scene of Your Accident

Motorcyclists tend to have more severe injuries than passengers in other types of motor vehicle collisions. Severe trauma and lasting physical damage usually mean higher financial compensation, so you can expect the liable insurance company to fight against your motorcycle injury claim aggressively.

A good way to protect yourself from these tactics is to have the police and emergency services come to the scene of the accident. The police report will include details that the officer observed, as well as citations issued to the negligent parties for their careless behavior, like failure to yield the right-of-way. The police report documents the accident and injuries and validates your claim for damages.

Some people judge motorcycle riders harshly, assuming that they are reckless by nature and are probably at fault. People consider riding a motorcycle to be an inherently dangerous activity, so they are not usually as sympathetic when they get injured in an accident. Police reports and other documentation can protect you from unfair blame. While police reports support your side of the story, getting emergency medical care means you will have documentation of your injuries.

Note Details at the Scene of the Motorcycle Crash

While waiting for the police to arrive, try to make a note of details that could help your personal injury case. The date and time of the accident (along with relevant weather conditions) could be essential information. For example, if the at-fault driver claimed that the sun in their eyes prevented them from seeing you, remembering that the sky was fully overcast (and taking a time-stamped photo) would refute their statement.

If you can do so safely, use your phone to take pictures of the vehicles from several perspectives, showing all the physical damage and the positioning of each vehicle to other vehicles, as well as stop signs, and other relevant traffic devices, objects, and any obstructions in the roadway. Snapping a picture of the involved party’s license plates, driver’s licenses, and insurance cards are also necessary.

People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

Get Medical Attention If You Were Not Treated At the Scene

If emergency services did not treat you at the scene, it is best if you can go straight from the scene of the collision to the emergency room. Severe injuries heal best with prompt treatment, and there is less chance of developing an infection with prompt medical treatment.

Also, if there is a noticeable delay in seeking medical attention, the defendant might assert that your injuries did not come from your motorcycle accident. Your medical records will be critical in connecting your injuries to the crash.

Finally, some internal injuries are invisible and some are both invisible and do not develop obvious symptoms immediately, but emergency medical professionals know what to look for after someone experiences a motorcycle accident. Broken bones, internal bleeding, and head injuries are a few examples of injuries that might not show signs until the person is in a medical crisis.

Notify Your Insurer of the Motorcycle Accident

Your insurance policy will likely require you to notify the insurer of all accidents, whether you’re at fault or not. Another reason to promptly notify the insurer is that the at-fault driver might accuse you of being at fault and make a claim against your insurance policy. Your insurer could refuse to pay the claim if you did not report the incident.

Note: The other party’s insurer will likely call you and request a recorded statement. Politely decline and direct all questions to your lawyer. If you have not hired a lawyer yet, decline the offer to provide a recorded statement and hire Herschensohn Law. If the other party’s insurer asks you about the accident, stick to the basics (e.g., when the accident happened, where the accident happened). If the insurance adjuster asks you if you are okay or uninjured, tell them you are waiting to hear back from your doctor.

Stay Off Social Media

Many people use social media to let their friends and relatives know when something significant happens to them. Doing this after a motorcycle accident could backfire on you. The at-fault party’s insurance carrier could access your social media account and go through your photographs and posts.

The defendant could take things out of context and use them against you. For example, an innocent photo of you finally getting together with friends after a long and arduous recovery could refute the severity of your condition. It is best to take a complete break from social media until your case is fully resolved.

Do Not Speak With the Liable Party

It might be tempting to talk with people at the scene of the accident or later, but doing so could be a mistake. For example, if you express compassion or sympathy because you have good manners, the other party could twist your words into an admission of fault for causing the motorcycle crash.

You should avoid small talk with the parties at the accident scene and afterward. You must exchange certain information with the police and other drivers, but you will want to keep other communications to a minimum.

Complete Your Medical Treatment

We understand that you will want to get back to your normal routine as soon as possible after a motorcycle accident in Washington. But you should not skip any of your prescribed medical treatments.

If you miss any of the appointments, the at-fault party will argue that because you didn’t complete your recommended treatment plan, you made your condition worse, and they shouldn’t be liable for your medical treatment expenses.

If you want to make any changes to your treatment plan, tell your doctor first.

Talk to Our Washington State Personal Injury Attorneys

You have every right to partner with a Washington personal injury lawyer after your motorcycle accident. The sooner you make the call to an injury lawyer, the better. That’s because evidence could disappear quickly—and we want to gather supporting information immediately.

Skid marks on pavement will fade with time, as will the memories of witnesses. Motorcycles are often designated as total losses and sent to the scrap yard. If the motorcycle is valuable evidence in your case, its absence could decrease the settlement value of your injury claim. Securing prompt legal help can empower you to build a strong case and hold the negligent party responsible for their actions.

Do Not Wait Too Long to File a Personal Injury Lawsuit

There’s a filing deadline for all motorcycle accident lawsuits. RCW 4.16.080 limits you to three years to file a personal injury lawsuit from a motorcycle crash.

One day, you might think that you are about to settle your injury claim, and the next day, the claims adjuster stops taking your calls or answering your emails. The American Bar Association warns that missing the statute of limitations could prevent you from seeking the compensation you deserve for your injuries and other losses.

Even if your intention was to settle your case rather than litigate, the insurer may not talk to you after the filing deadline because it has no obligation to negotiate. This could put you in a tough spot financially if you don’t have other options.

Tell Your Washington Motorcycle Accident Lawyers Everything

You cannot request additional compensation after settling your insurance claim or receiving a court award. Be sure to tell your motorcycle accident lawyers about all of your injuries and losses upfront so that nothing slips through the cracks.

Every motorcycle injury case is unique, and your damages might be different from someone else’s in a similar collision. Types of damages your case could include:

Medical expenses
Rehabilitation facility stays for specific life-altering conditions, like spinal cord injuries and traumatic brain injuries (TBIs)
Lost wages while recuperating
Lost future wages if long-term impairment decreases your ability to earn a living
Property damage expenses
Pain and suffering for the physical discomfort and emotional distress of the accident and your injuries
Other non-economic damages, like post-traumatic stress disorder (PTSD), disfigurement from amputation and extensive scars, and the loss of enjoyment of life

Have a candid talk with your Washington motorcycle crash lawyers about these and any other damages in your case.

Have Your Washington Motorcycle Accident Lawyer Read All Insurance Documents

No matter what the claims adjuster says that a document means, you should have your lawyers read it first and advise you about whether you should sign. Sometimes, insurers tuck things into documents or hide them behind legalese and “insurance jargon” to trick people into signing away their rights. Your legal team can break down complicated documents into understandable terms and advise you accordingly.

What to Do if You Were in a Hit-and-Run Accident

Sometimes, people illegally flee the scene of a motorcycle accident because they fear that they injured or killed someone. If you find yourself in this situation, tell law enforcement officers every detail you can remember about the hit-and-run driver, their vehicle, and the direction they drove away from the crash.

If you have uninsured/underinsured motorist coverage, it could help with some of your losses. Insurance companies usually treat hit-and-run drivers the same as uninsured drivers.

You Have Legal Options After a Motorcycle Accident in Washington State

The Washington motorcycle accident attorneys at Herschensohn Law want to learn about your injury case. During your free initial consultation, we can discuss the details of your accident, along with what you should do next. Call (206) 588-4344 to get started. There’s no obligation to partner with our law firm when you call––just an opportunity to explore what comes next for your case.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

First Name(Required)

Last Name(Required)

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We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

How Long Does a Motorcycle Accident Lawsuit Take

These Factors Determine the Length of Your Motorcycle Accident Lawsuit
You Have a Limited Time to File a Motorcycle Accident Lawsuit
Our Motorcycle Accident Lawsuit Lawyers Manage Everything
Get Started on Your Motorcycle Accident Lawsuit Today

Motorcycle accident lawsuits can take weeks, months, or years to resolve. How long your lawsuit takes to settle will depend on various factors, such as how negotiations unfold, the severity of the injuries you suffered, and other factors.

While our motorcycle accident lawyers will do their best to reach a settlement without going to court, they will always keep your best interests in mind. If we can’t reach an out-of-court settlement, we have no problem filing a lawsuit against the at-fault party and going from there.

To learn more about entrusting your case to the team at Herschensohn Law, call (206) 588-4344.

These Factors Determine the Length of Your Motorcycle Accident Lawsuit

As noted, the progression of your personal injury lawsuit depends on many factors, some of which are out of our control. These factors include:

The Amount of Compensation You’re Requesting

The liable party may refuse to settle if you’re asking for a lot of money. This could require a lawsuit, where you’ll need evidence to support your request. As an injured motorcyclist, you shouldn’t accept a penny less than you need. You deserve compensation that accounts for:

Medical bills, both current and future
Physical pain and suffering
Loss income, tips, and benefits
Loss of future earning capacity
Out-of-pocket expenses, such as childcare costs
Property damage costs

Many insurance companies don’t have a problem paying out relatively minor claims. It’s when they’re confronted with six- or seven-dollar figures that they put up a fight. Herschensohn Law is ready to take that fight all the way to court, if that means securing fair compensation.

Your Motorcycle Accident Case’s Supporting Evidence

From the moment you choose Herschensohn Law to manage your case, we will start investigating the circumstances of your collision. The more information and evidence we gather, the more willing the insurer will be to settle. Supporting evidence in your case could include:

Accident reports
Testimonies from eyewitnesses and experts
Photographs and video footage of the accident
Your medical records
Your injury-related receipts and invoices
Forensic information
Accident reconstruction data

Still, even after being presented with all of this evidence, the insurance company may be unwilling to settle. In that case, it may be necessary to file a lawsuit against the liable party.

The Extent of Your Injuries

Because of the lack of protection motorcyclists have, these collisions often result in severe injuries. Your estimated recovery period, along with the injuries you suffered, can play a role in how long the legal process takes.

For instance, imagine that you suffered a traumatic brain injury. Some of these conditions improve with time, while others worsen. Instead of hastily accepting the first settlement offer, your injury lawyer may wait until your condition has stabilized to continue negotiations or file a lawsuit.

Issues Regarding Liability for Your Injuries

Even if your case seems straightforward, the liable party may deny responsibility for your losses. For instance, an insurance company may deny your claim if:

It believes you caused most of the motorcycle accident.
Your injuries didn’t come from the collision.
You waited too long to file your claim.
You don’t have enough supporting evidence.

This is where you could benefit from hiring a motorcycle accident attorney from Herschensohn Law. We can gather evidence to illustrate the liable party’s financial responsibility, then compel them to pay compensation.

The Insurance Company’s Willingness to Settle Your Accident Case

The liable insurance company may hope that by delaying the claims process, you’ll get frustrated and accept a low settlement offer. However, upon seeing that you filed a lawsuit, it may decide to offer fair compensation.

This happens in many motorcycle accident cases. Your lawsuit might not even reach its discovery phase if you have compelling evidence, and the at-fault party doesn’t think they’ll win.

You Have a Limited Time to File a Motorcycle Accident Lawsuit

According to RCW § 4.16.080, you have just three years from the date of your accident to file a lawsuit. Once this period expires, that’s it––you can’t file a lawsuit and compel damages from the liable party through litigation.

By hiring the motorcycle accident attorneys at Herschensohn Law, you can rest assured knowing that we’ll manage each of your case’s obligations. However, we must hear your story before this deadline grows near. Not even our attorneys can reverse an expired deadline.

People we’ve helped

- P.R., Katy, WA

Our Motorcycle Accident Lawsuit Lawyers Manage Everything

After your motorcycle accident, you need time to rest and recuperate—not focus on the complex legal process. That’s where our lawyers come in. We handle everything your lawsuit requires, such as:

Filing it within the statute of limitations
Taking depositions
Cross-examining witnesses
Exchanging information with the other party’s lawyers
Presenting your case before a judge and jury
Partaking in jury selection
Making closing arguments
Filing an appeal, if necessary

We can’t guarantee that your case will reach a swift resolution. However, with our team, you can rest assured that we’ll combat any challenges that keep it from moving forward. Herschensohn Law wants to recover full and fair financial compensation as soon as possible.

Get Started on Your Motorcycle Accident Lawsuit Today

If you have suffered injuries in a motorcycle accident, then you should consider starting the legal process as soon as possible. This will ensure that your lawyers have ample time to build your case, negotiate with insurance companies, and file your lawsuit for proper compensation. If you wait to seek legal counsel, it may take longer to receive the settlement or verdict that you deserve for your injuries and other damages.

Every motorcycle accident is different. How long it takes to obtain compensation will be different for each accident as well. To explore your rights, options, and next steps, contact Herschensohn Law at (206) 588-4344.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

First Name(Required)

Last Name(Required)

Phone Number

Email(Required)

Type of Case(Required)

What Happened?

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I consent to receive SMS messages. Message and data rates may apply. Message frequency varies. Read Full Disclosure

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We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

What Is the Average Payout for a Motorcycle Accident in WA?

Your Motorcycle Accident Payout Depends on Your Situation
What Compensation Can I Recover Through a Motorcycle Accident Case?
How Could I Secure a Fair Payout for a Motorcycle Accident in WA?
Get Our Help from Our Motorcycle Accident Lawyers Today

There isn’t an average payout for motorcycle accident cases in Washington State. The outcomes of many of these cases are confidential, only known to the involved parties. If you were recently injured in a motorcycle collision, your payout depends on the facts of your case, including the severity of your condition and estimated recovery time.

The personal injury attorneys at Herschensohn Law advocate for motorcycle accident claimants. With our help, you could recover a settlement or court award that accounts for your past, present, and future injury-related losses. Explore your options now when you call (206) 588-4344.

Your Motorcycle Accident Payout Depends on Your Situation

There are a few key elements that come into play when determining what constitutes a fair settlement following a motorcycle accident. The value of your damages, along with how much you can recover, depends on:

The Injuries You Suffered

Typically, the more severe your injuries, the higher your compensation settlement. These severe injuries could incur extensive medical bills:

Traumatic brain injuries
Spinal cord injuries
Internal bleeding
Organ damage
The loss of one or more limbs
Soft-tissue injuries, such as torn ligaments
Head injuries, such as a fractured skull

If your loved one did not survive their fatal injuries following a motorcycle accident, this could also contribute to how much you can recover.

Any Allegations of Fault for Your Accident or Injuries

Fault plays another role in how much financial compensation you could recover. For example, if it’s determined that you were 20% at fault for the accident while the other party was 80% at fault, your potential payout may be reduced by 20%. So, if your damages total $100,000, in this scenario, you could only recover $80,000.

What does this mean for you? Determining fault is crucial in your motorcycle accident. Using the police report, eyewitness testimony, and other supporting evidence, your lawyer can build a case that holds the negligent party accountable for their actions. You shouldn’t have to pay a dime out of pocket for an accident you didn’t cause.

The Accident’s Effect on Your Life

Non-economic damages, such as pain and suffering, could comprise a significant portion of your motorcycle accident claim’s value. When calculating these damages, your lawyer will consider:

Whether you can live independently
Your quality of life
Whether you can continue working (and, if so, in what capacity)
The cost of your financial losses
Your estimated recovery period

Washington does not cap how much you can request for pain and suffering. So, there’s no limit to what your lawyer may consider an accurate settlement value.

Your Out-of-Pocket Accident Expenses

If you spent money on something related to the motorcycle accident, then you can include that cost in your insurance claim or personal injury lawsuit’s value. Examples of these expenses include:

Temporary transportation costs, if you relied on your motorcycle as your primary source of transportation
Childcare services
In-home help with cooking, cleaning, and lawn care
Modifications to your family home or vehicle

We encourage you to keep all receipts, bills, and invoices related to your case. That way, we can calculate what constitutes a fair settlement from the liable party.

You could benefit from consulting a motorcycle accident lawyer regarding your injury claim. They can review your case’s unique circumstances and explain your options.

What Compensation Can I Recover Through a Motorcycle Accident Case?

Financial recovery through a personal injury claim or lawsuit could include:

Medical bills, including surgeries, hospitalization, and medications
Lost income, tips, bonuses, and benefits
Loss of future earning capacity
Pain and suffering and inconvenience
Property damage costs
Other non-economic damages, such as scarring, disfigurement, and loss of enjoyment of life

If you lost a loved one in a collision, compensable losses in that instance could include final medical bills, loss of consortium, and funeral expenses. Our wrongful death lawyers can advocate for you at each phase of the legal process.

People we’ve helped

- P.R., Katy, WA

How Could I Secure a Fair Payout for a Motorcycle Accident in WA?

When you work with Herschensohn Law’s personal injury team, they’ll handle your case’s obligations from start to finish. We have one primary goal: to secure full and fair financial recovery following your motorcycle crash.

You can trust that while you focus on getting better, we will:

Notify your insurer. Even if you didn’t cause the accident, the liable insurance company wants to know about it. Early notification could prevent any delays from impeding your case.
Investigate the accident and gather evidence. We will gather essential evidence to support your claim, such as your medical records, accident reports, witness statements, and expert opinions about the accident’s cause and impact.
Calculate your damages. Our law firm will review the accident’s effect on your life to determine what constitutes a fair offer from the liable insurance company. We will use receipts, invoices, and other documentation to establish what you deserve.
Negotiate with the insurance company. We handle all communications with the liable insurance company. We’ll present your case, respond to offers, and negotiate a fair settlement. Having a legal professional in your corner can help level the playing field and ensure you’re not taken advantage of.
Represent you at trial. Do most motorcycle accident cases go to court? No; most resolve through negotiations. Could your motorcycle accident case go to court? Maybe. If so, Herschensohn Law is there each step of the way.

We encourage you to connect with our motorcycle accident attorneys as soon as possible, because under the state’s statute of limitations, you don’t have long to act. If you wait too long to seek legal help and file your case, you could lose the right to seek fair compensation, even if you have compelling evidence.

Get Our Help from Our Motorcycle Accident Lawyers Today

Pursuing a motorcycle accident settlement can be complex, but with legal guidance, you can secure a fair outcome that helps you rebuild. Our team has decades of legal experience ready to put to work in your case. We’ve recovered millions of dollars for injured motorcyclists, and we want to advocate for you, too.

To begin your free case review, consult our motorcycle accident attorneys at (206) 588-4344.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

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We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

Motorcycle

Motorcycle accident fatalities are on the rise
The alarming trends in motorcycle accidents and fatalities
Are motorcycles more dangerous than cars?
Traffic safety tips for motorcyclists
Does the dangerous nature of riding a motorcycle impact my rights after a car accident?
Hurt in a motorcycle accident? Reach out to an experienced attorney today
Contact Herschensohn Law today

Motorcycle accident fatalities are on the rise

The COVID pandemic that began in 2020 may have caused a significant decrease in total miles driven by motor vehicles, and also total crashes. But does that mean our roads have gotten safer, for passenger vehicles or for motorcyclists?

Unfortunately, no. Already by April of 2020, the Governors Highway Safety Association reported a sharp increase in dangerous speeding and aggressive driving, possibly fueled by a lack of traffic congestion and the assumption that police aren’t out enforcing the traffic laws. And the consequences have been devastating, particularly for those involved in motorcycle accidents.

In this blog post, we’ll take a look at the unfortunate reality facing Washington’s motorcyclists, both on the road and in negotiations with the insurance company (or the courtroom) after a motorcycle crash, and talk about what bikers can do to overcome these challenges.

The alarming trends in motorcycle accidents and fatalities

According to KOMO News, Washington experienced a disturbing upward trend in motorcycle fatalities even though traffic remained below average during the early months of the pandemic. Approximately 24 motorcyclists died on Washington roads as of May 27th of 2020, 12 of them in April alone. The last time that many motorcyclists have died in a single month was in 2006. From May 3-10, another eight motorcyclists were killed in crashes.

But let’s also look at the broader trends, with some more recent figures thrown in. While total motorcycle accidents in Washington were down year over year between 2019 and 2020, from 1,991 to 1,659, the number of motorcyclist deaths remained unchanged at 92.

Fortunately, fatal crashes for bikers were down slightly in 2021, at 83. But that’s still more than there were before the pandemic, and while traffic fatalities for bikers were down, severe injuries were way up. Total crashes that resulted in either serious injury or death actually increased 13.4 percent.

People we’ve helped

- P.R., Katy, WA

Are motorcycles more dangerous than cars?

Unsurprisingly, the answer here is clearly yes, and it’s not especially close.

The occupants of passenger cars can rely on crumple zones, a roll cage, seat belts, airbags, and all kinds of other fancy gizmos (at least on newer vehicles) to protect them in an accident, or even from getting into one in the first place. A person riding a motorcycle, by contrast, has relatively few defenses in case of a collision—not to mention slick roads and other hazards.

These and other factors are why, in 2019, there were 25.47 motorcycle accident fatalities per 100 million vehicle miles traveled, versus just 0.89 car accident fatalities. Put another way: per mile traveled, the fatality rate for the average biker is almost 29 times higher than for passenger vehicle occupants.

But of course, you surely don’t need us to tell you all this. Every rider knows (or at least should know) the risk before getting on a bike. While cars might be safer, there’s no substitute for the feel of two wheels, the wind, and the open road. That’s why taking appropriate safety measures is so crucial.

Traffic safety tips for motorcyclists

If you plan on riding this summer, especially as more people begin traveling, it’s important to take these motorcycle safety precautions:

Ride defensively: Be aware of speeders, aggressive drivers, drunk drivers, and distracted drivers. Keep a safe distance from other motorists whenever possible.
Be aware of changes in the road: Always be aware of changes to roadway infrastructure, as well as roadway defects (potholes, downed branches, etc.).
Wear protective gear: Be sure to wear a properly fitted helmet, long pants, leather jacket, gloves, eye protection, and boots to avoid a severe injury.
Ensure that your bike is in proper working order: If you haven’t had your motorcycle inspected, be sure to do so. Always check your wheels, tires, brakes, horn, lights, and steering before riding.

Does the dangerous nature of riding a motorcycle impact my rights after a car accident?

In theory, it shouldn’t—provided you took appropriate precautions and followed the rules of the road.

In reality? Well, the sad truth is that insurance companies and, unfortunately, many juries are prejudiced against motorcyclists when it comes to awarding damages after car accidents.

Yes, it’s true that a collision that might have been just a fender bender for a passenger car could be a serious or even fatal accident for a biker. Sometimes the insurance companies will attempt to use that fact against injured motorcycle riders to try to get out of paying fair compensation.

But here’s the thing: the people who make bad decisions on the road are the ones legally responsible for the consequences of that result. If you were wearing all your state-required safety gear and following all other applicable laws, and the root cause of the traffic accident was clearly the negligence of the car driver, why should you be held at fault? The answer is you shouldn’t, and the law is on your side—but that’s not always how it plays out, particularly when you don’t have an aggressive attorney fighting for your rights.

Where things get trickier is if you weren’t wearing your safety gear. But even then, it depends on the nature of the injury. For example, if you weren’t wearing a state-approved motorcycle helmet, you might not be able to receive compensation for head or brain injuries that could reasonably have been prevented with one. But you would likely still be able to get compensation for a broken arm, since a helmet isn’t going to matter there.

Hurt in a motorcycle accident? Reach out to an experienced attorney today

If you’ve read this far it might be obvious already, but let’s state this clearly: if you were out riding your motorcycle and were hurt in a crash that wasn’t your fault, contact a motorcycle accident attorney pretty much as soon as you can. Right now, even. We give you permission to stop reading this post so you can go do it.

Motorcycle riders really do struggle to get fair compensation for their injuries, particularly if they aren’t represented by an experienced attorney. They’re potentially up against:

Extremely serious injuries that greatly impair their ability to live a normal life (or, for that matter, fight a legal battle)
Massive medical bills and lost wages from not being able to work
Insurance companies that will go to great lengths to pay out as little as they possibly can
Courts and juries that are prejudiced against motorcyclists, which can lead to unfair victim-blaming, liability disputes, and less favorable judgments

And that’s all on top of making sure you gather the correct evidence (before it’s permanently lost or destroyed), file all the correct paperwork by the statute of limitations deadline, avoid making innocent mistakes on the phone with an adjuster that could sink your chances in court, and overcome numerous other challenges that you may not even know exist.

In short? It’s an uphill battle, and the insurance company is not going to have any shame about throwing obstacles in your way to trip you up and send you all the way back to the bottom. While you are not obligated to hire an attorney to represent you, you would be putting yourself at a huge disadvantage that may result in you getting significantly less in compensation for your case—or possibly nothing at all.

Contact Herschensohn Law today

The motorcycle accident lawyers at Herschensohn Law Firm , PLLC see the devastation negligent drivers cause for motorcyclists firsthand. We are dedicated to fighting for justice and full compensation for injured motorcyclists in Kent and throughout the Seattle Metro area.

Schedule your free consultation with our legal team by contacting us online or calling (206) 588-4344. You can rely on us to give you compassionate and impartial legal advice as you evaluate your next steps, and aggressive representation should you become a client.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

First Name(Required)

Last Name(Required)

Phone Number

Email(Required)

Type of Case(Required)

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I consent to receive SMS messages. Message and data rates may apply. Message frequency varies. Read Full Disclosure

Comments

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We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

References

Governors Highway Safety Association. (2020, 16 April). Absent Traffic Jams, Many Drivers Getting More Reckless [press release].

Jackson, Paris. (2020, 27 May). 24 motorcycle riders killed so far in 2020 paint a disturbing trend on state’s roads. KOMO News.

Washington State Department of Transportation. WA State Crash Data Portal.

The content provided here is for informational purposes only and should not be construed as
legal advice on any subject.

Motorcycle

How much is a good settlement for a motorcycle accident?
What should my motorcycle accident settlement cover?
So, what is a good settlement anyway?
Common obstacles that prevent motorcycle riders from getting fair settlements in Washington State
Should I get a lawyer to help with my motorcycle accident claim?

How much is a good settlement for a motorcycle accident?

In theory, getting fair compensation for your injuries after a motorcycle crash shouldn’t be different than any other type of car accident. If you’ve been seriously hurt as a result of someone else’s mistake, you shouldn’t be the one left to foot the bill.

Unfortunately, motorcycle accidents don’t always work out that way, and many bikers end up taking an injury settlement that’s far less than what they truly deserve. There are lots of reasons for that, from the typically severe nature of motorcycle injuries in general, to the comparative negligence law in Washington State, and even prejudice against motorcycle riders.

In this blog post, we’ll talk a bit more what your motorcycle accident settlement value should be, and why working with an experienced motorcycle accident attorney is almost always going to give you the best change to get it.

What should my motorcycle accident settlement cover?

In any personal injury case—including motorcycle accidents—there are three basic categories of damages you can claim. “Damages” is a legal term that refers to the financial compensation associated with physical and emotional harm during some type of crash or accident:

Economic damages. This includes things like medical bills, lost wages, domestic services, and other strictly financial costs associated with your injury. You can claim not only the costs you’ve incurred up to this point, but also future lost earnings and future medical expenses (and other costs) you expect to pay based on the nature of your injuries.
Non-economic damages. Serious injuries often come with costs that aren’t as easily measured in dollars and cents. For example: pain and suffering, permanent disfigurement, cognitive or emotional difficulties resulting from traumatic brain injuries, and other challenges.
Punitive damages. This relatively rare category of damages may be awarded if the at-fault driver behaved excessively recklessly and dangerously—for example, driving significantly over the speed limit or while intoxicated.

Making sure your motorcycle accident claim fully includes all the damages you’re eligible to claim is, for obvious reasons, essential if you want to maximize your recovery.

So, what is a good settlement anyway?

To be clear, there’s no way to answer this question without speaking, in depth, with a personal injury attorney who has extensive experience handling these types of cases. Even trying to calculate an average motorcycle accident settlement wouldn’t do you much good, since cases can run from a few thousand dollars to millions, depending on the circumstances.

That said, a good settlement should include not only an accurate accounting of your economic damages, but also a meaningful amount of pain and suffering damages based on your symptoms. In other words, a good settlement should make sure you don’t pay a cent for a mistake caused by someone else.

If you’ve been badly injured and required a lot of medical treatment, or suffered any long-term or permanent symptoms, your non-economic damages could be worth considerably more than your economic damages or more. On the other hand, if you were lucky enough to escape with only minor to moderate injuries that you were able to make a full recovery from, you won’t get as much in pain and suffering.

But again, it all depends on the particulars of your case. For example, if you’re younger, your long-term medical costs will likely be higher. If you make more money, your wage losses will be more significant. And if you’re not carrying uninsured motorist coverage or underinsured coverage, your motorcycle accident case may be strictly constrained to the policy limits of whatever the at-fault driver is carrying—regardless of your medical expenses.

Don’t trust an online calculator or rules of thumb without speaking with an attorney. Otherwise, you risk leaving a ton of money on the table. And once you’ve settled, there’s no way to go back and get a do-over.

Common obstacles that prevent motorcycle riders from getting fair settlements in Washington State

Motorcycle riders face many challenges when trying to negotiate a fair settlement with the insurance company. Many of these are the same familiar problems that any driver is going to encounter, but unfortunately bikers often encounter extra resistance. A quick summary:

Greater chance of severe injuries. Because motorcycles offer limited protection, bikers are more likely to be seriously injured and require extensive medical treatment, and thus will be looking for a high settlement amount. The higher the potential settlement, the greater the incentive the insurance company has to fight it.
Insurance policy limits. In Washington, drivers are only required to carry $25,000 in liability insurance per injured person and $50,000 per accident. Given that they’re usually pretty severe, the vast majority of motorcycle accidents will blow past those caps almost immediately, so other source of coverage (such as your own personal injury protection or underinsured motorist coverage) will be necessary.
Motorcycle safety laws. If you ride without state-required safety gear, your ability to recover for certain injuries may be badly compromised. For example, if you were riding without an approved helmet, you may find it difficult to receive compensation for a head injury even when the other driver was 100% responsible for causing the accident. (Injuries to other areas of the body may still be covered, but an attorney is your best resource for getting fair compensation for both head and body injuries.)
Prejudice against motorcycle riders. Unfortunately, non-riders often show limited sympathy for those with a motorcycle injury claim. While this should not matter, provided the motorcycle driver did nothing wrong and followed all applicable laws, juries can be unpredictable and don’t always make the right choice. That makes going to trial an especially risky proposition, and insurance companies know it when making their settlement calculations.

Should I get a lawyer to help with my motorcycle accident claim?

Yes, absolutely.

Far too many motorcycle injury victims don’t realize the true value of their injury claim until it’s too late and end up accepting a final settlement that’s far too low. Don’t follow their example and leave money on the table!

The best way to protect yourself is by hiring a personal injury lawyer with plenty of experience handling motorcycle accident cases, including cases that go all the way to trial.

Motorcycle accident lawyer Zach Herschensohn knows the tricks insurance companies play to deny injured riders the compensation they deserve. He is a tenacious advocate who will work hard to help you:

Calculate a fair value of your motorcycle accident claim (which may include connecting with medical specialists who truly understand the future medical treatment you’ll need) so you won’t be tempted by an obvious lowball settlement offer from the insurance company.
Gather the detailed, thorough evidence you’ll need to prove not only the validity of the damages you’re claiming, but also to keep the at-fault party from pinning the blame on you instead. This can include everything from gathering evidence at the accident scene to working with an accident reconstructionist to making sure you carefully track your expenses and symptoms to tracking down eyewitnesses, and much more.
Protect yourself from being tricked by the insurance adjuster into giving statements that harm your case.
Aggressively defend your interests in negotiations with the insurance company—or, if they won’t give you a fair settlement, take them to court.

And it won’t cost you anything to hire a personal injury attorney who will fight for you. That’s because initial consultations are always free, and you pay nothing unless we win you a settlement or verdict.

To request your free consultation with our law office today, give us a call at (206) 588-4344 or complete our simple contact form.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

People we’ve helped

- P.R., Katy, WA

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

First Name(Required)

Last Name(Required)

Phone Number

Email(Required)

Type of Case(Required)

What Happened?

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Disclosure(Required)

I consent to receive SMS messages. Message and data rates may apply. Message frequency varies. Read Full Disclosure

URL

This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

References

The content provided here is for informational purposes only and should not be construed as
legal advice on any subject.