Car accidents and motorcycle accidents share common legal principles but differ significantly in how cases develop and resolve. Motorcyclists often encounter unique challenges with insurance companies, legal and medical documentation, and liability disputes that car accident victims do not. To discuss a motorcycle or car accident case with Herschensohn Law, PLLC, call (206) 222-9553 now. The Kent auto accident lawyers at Herschensohn Law, PLLC recently secured a $2.7 million settlement for a woman catastrophically injured in a car crash, demonstrating our firm's capacity to handle high-stakes Washington collisions.
Overview of How Motorcycle Accidents Differ from Car Accidents
Motorcycle and car collisions are governed by the same negligence laws in Washington, but practical differences in evidence collection, insurance coverage, injury severity, and wrongful death frequency create distinct legal pathways.
- Police accident reports are generated far less frequently for motorcycle collisions than car collisions, which affects early evidence preservation.
- Insurance policies for motorcyclists often exclude certain coverages standard in auto policies, creating gaps in available compensation.
- Motorcyclists sustain more severe injuries per collision than car occupants due to a lack of physical protection, leading to higher medical costs and longer recovery periods.
Herschensohn Law, PLLC represents injured motorcyclists and car collision victims throughout Kent, Seattle, Chehalis, Ellensburg, and Graham.
Washington Accident Reports Are Not Made for Motorcycles
The Kent Police Department, King County Sheriff's Office, Washington State Patrol, and all other Washington law enforcement agencies all use the standardized Police Traffic Collision Report form prescribed by the Washington State Patrol under RCW 46.52.030. This form was designed primarily for car accidents and uses the same format regardless of whether the collision involves a car, motorcycle, pedestrian, or bicyclist. Officers indicate the type of unit involved by checking boxes on the generic form, but the form itself does not capture motorcycle-specific hazards, such as road surface conditions, oil slicks, the presence of gravel or debris, or pavement defects.
For example, when a motorcyclist crashes after encountering loose gravel on a curve or a pothole mid-lane, the officer often records "loss of control" or "improper lane position" without looking deeper. Car accident reports document similar details about vehicle malfunction or driver error, but motorcycle reports across states frequently omit these factors.
Motorcycle v. Car Accident: Legal Case Similarities and Differences
Both motorcycle and car accidents rely on Washington's negligence framework established under RCW 4.22.005, which governs comparative fault. Plaintiffs must prove duty, breach, causation, and damages regardless of vehicle type. Courts apply the same standards for establishing liability, such as violations of traffic laws under RCW 46.61 or failure to exercise reasonable care. The burden of proof remains a “preponderance of the evidence” in both cases.
However, juries often apply implicit bias against motorcyclists, assuming bikers all drive recklessly, speed, or make risky maneuvers. As Kent car and motorcycle accident attorneys, we regularly see defense lawyers exploit stereotypes about bikers to argue contributory negligence even when evidence does not support such arguments. This bias does not exist to the same degree in car accidents. Herschensohn Law, PLLC founder Zach Herschensohn has challenged prejudices of this nature in court often, including countering such biased arguments in several appeals cases.
Moreover, helmet laws under RCW 46.37.530 require all motorcyclists to wear helmets, and failure to comply can reduce damages under Washington's comparative fault statute. Car accident victims do not encounter similar statutory compliance issues tied directly to injury severity. Evidence of helmet non-use often becomes a focal point in motorcycle litigation, whereas seatbelt non-use in auto collisions is inadmissible under RCW 46.61.688.
Car v. Motorcycle Crash: Different Insurance Realities in Washington
Washington requires minimum liability coverage of $25,000 per person and $50,000 per accident under RCW 46.29.090, which applies to both cars and motorcycles. However, unlike auto policies, state law does not require insurers to even offer Personal Injury Protection (PIP) to motorcyclists. For cars, insurers must offer PIP under RCW 48.22.085, and it is automatically included in the policy unless the consumer specifically rejects it in writing. Motorcyclists without optional PIP or Uninsured Motorist (UM) coverage generally have to seek compensation directly from at-fault drivers (vs. their insurance carrier) or through their own personal health insurance.
Underinsured motorist coverage becomes critical in severe motorcycle accidents where at-fault drivers carry only minimum limits. For example, a motorcyclist suffering a traumatic brain or spinal cord injury can quickly exhaust a $25,000 policy. Without UIM coverage, recovery options narrow significantly. Car accident victims, however, with standard auto policies benefit from automatic PIP and optional UIM provisions that provide broader protection.
Additionally, insurance adjusters frequently undervalue motorcycle collision claims by arguing bikers opened themselves up to greater risks just by driving a motorcycle. Adjusters cite vulnerability and lack of physical barriers as reasons to reduce settlement offers, arguments rarely applied to car accident victims in convertibles or with their windows down. In fact, the King County motorcycle and car accident attorneys at Herschensohn Law, PLLC recently secured a $700,000 settlement when a diesel mechanic suffered a torn rotator cuff in a motor vehicle collision, demonstrating our ability to secure full compensation.
Wrongful Death Cases More Common in Motorcycle Accidents
According to the National Highway Traffic Safety Administration, bikers are approximately 28 times more likely to die in a collision than car occupants. Sadly, the Washington Traffic Safety Commission reported 141 motorcycle fatalities in 2023. Washington's Wrongful Death Act under RCW 4.20.010 allows surviving spouses, children, and parents to recover damages when negligence causes death.
Damages for a wrongful death case include loss of future income, loss of consortium, funeral expenses, and medical costs incurred before death. Calculating lost earning capacity for a deceased motorcyclist requires vocational economists and actuaries to project lifetime earnings. Surviving family members can also recover non-economic damages for grief, loss of companionship, and loss of parental guidance. For instance, Herschensohn Law, PLLC secured a $1.2 million settlement after a retired man was killed in a truck accident, ensuring his family received justice. Furthermore, wrongful death cases involving motorcyclists often implicate multiple defendants, including other motorists, municipalities responsible for road maintenance, or manufacturers of defective motorcycle helmets or parts.
Ask a Kent Motorcycle and Car Accident Lawyer Today
Zach Herschensohn is a member of the Washington State Bar Association, the Washington State Trial Lawyers Association, and the King County Bar Association. He earned his law degree from St. John's University School of Law in 2002 and has dedicated his practice to injury victims since admission to practice. Herschensohn Law, PLLC has recovered millions for personal injury victims across Washington, such as a recent $425,000 settlement when a client suffered an open tibia fibula fracture. Call Herschensohn Law, PLLC at (206) 222-9553 to speak to a reputable motorcycle or car accident lawyer now.
Important FAQs about Washington Motorcycle and Car Collision Cases
The following frequently asked questions address common legal and practical issues related to motorcycle accidents and car accidents in Washington.
How Do Motorcycle Accidents Differ From Car Accidents In Terms Of Legal Claims?
Motorcycle and car accident claims rely on Washington negligence law, which requires proof of duty, breach, causation, and damages. Courts apply the same comparative fault rules under Washington law regardless of vehicle type. However, motorcycle cases may involve additional disputes regarding rider behavior, safety equipment, and road conditions.
Why Are Motorcycle Accident Reports Sometimes Less Detailed Than Car Accident Reports?
Law enforcement agencies in Washington use a standardized traffic collision report form designed primarily for automobile crashes. As a result, the report format may not capture motorcycle-specific hazards such as loose gravel, oil residue, or roadway defects. Limited documentation at the scene can make early evidence collection especially important in motorcycle cases.
How Do Insurance Policies Differ For Motorcycles And Cars In Washington?
Washington requires minimum liability insurance for both cars and motorcycles, but the structure of available coverage often differs. Automobile policies must include an offer of Personal Injury Protection coverage, which becomes part of the policy unless rejected in writing. Motorcycle policies typically do not include automatic PIP coverage, which can affect how injured individuals pay for medical expenses after a collision.
Why Are Injuries Often More Severe In Motorcycle Accidents?
Motorcycles do not provide the same physical protection as enclosed passenger vehicles. Riders lack structural barriers, airbags, and seatbelts that help protect car occupants during a crash. As a result, motorcycle collisions frequently lead to severe injuries, extended recovery periods, and higher medical costs.
Why Do Motorcycle Accident Cases Sometimes Involve Bias Issues?
Motorcycle accident cases occasionally involve assumptions that riders engage in risky behavior. These assumptions may influence insurance negotiations or courtroom arguments about comparative fault. Attorneys often address these issues by presenting detailed evidence regarding traffic laws, road conditions, and driver conduct.
How Do Helmet Laws Affect Motorcycle Accident Claims In Washington?
Washington law requires motorcyclists to wear helmets that meet safety standards. Evidence showing that a rider did not wear a helmet may affect the allocation of comparative fault in some cases. This issue can influence how damages are evaluated in a motorcycle injury claim.
Why Are Wrongful Death Claims More Common In Motorcycle Collisions?
Motorcycle riders face a significantly higher risk of fatal injury in a crash compared with car occupants. When negligence leads to a fatal collision, Washington’s wrongful death laws allow certain surviving family members to pursue damages. These damages may include loss of income, loss of companionship, funeral expenses, and medical costs incurred before death.
How Can Herschensohn Law, PLLC Assist With Motorcycle Or Car Accident Cases?
Individuals involved in motorcycle or automobile collisions may face complex legal and insurance issues. Consider visiting with an experienced attorney at Herschensohn Law, PLLC to learn more about available legal options and potential avenues for compensation. The team at Herschensohn Law, PLLC works to ensure individuals understand their rights and possible legal paths after a collision in Washington.
