MOTORCYCLE

ACCIDENT

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When an injury affects your health, your work and your family, the details of the case matter. We investigate early, document the full cost of the injury, and handle the insurance companies so you can focus on getting better.

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Motorcycle Accident Lawyer

Fighting for Your Rights


A motorcycle accident lawyer represents riders and passengers injured when a car, truck, or other driver causes a crash. Motorcycle cases raise issues that car cases do not, including helmet laws, gaps in insurance coverage for motorcycles, and the assumption by some adjusters and jurors that the rider must have been speeding. Onal Injury Law reviews motorcycle accident cases from anywhere in the United States, and the consultation is free.


Key facts at a glance

•      In 2024, 6,228 motorcyclists were killed in U.S. traffic crashes, 16 percent of all traffic deaths, and about 86,900 were injured, according to NHTSA.

•      The number of motorcyclists injured rose 5.2 percent from 2023 to 2024 even as overall traffic deaths went down.

•      Seventeen states and Washington, D.C. require every rider to wear a helmet. Most other states require helmets only for younger riders.

•      In several no-fault states, a motorcycle policy does not include the personal injury protection that a car policy does, which changes who pays medical bills first.

•      Not wearing a helmet usually does not bar a claim, but in some states it can reduce damages for head injuries.


Why are motorcycle accident claims harder than car claims?

The injuries are worse and the questions about fault are louder. A rider has no seatbelt, airbag, or steel frame, so a crash that would leave a car driver bruised can leave a rider with a fractured pelvis, a brain injury, or road rash that needs skin grafts.

At the same time, many people start from the assumption that riders are reckless. Insurance adjusters know this and often open with questions about speed, lane position, and riding gear before they look at what the other driver did. A strong motorcycle claim answers those questions with evidence rather than leaving them for a jury to guess about.


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What causes most motorcycle

crashes with cars?

The pattern we see most often is a driver who turns left across the rider's path at an intersection and later says, "I never saw the motorcycle." Other common causes include drivers changing lanes into a rider in their blind spot, opening a parked car door into the rider's path, rear-ending a rider stopped at a light, following too closely, and road hazards such as potholes, gravel, and uneven pavement left by construction crews.


"I didn't see him" is not a defense. Drivers have a duty to look for motorcycles, and failing to see a vehicle that was there to be seen is usually evidence of carelessness, not an excuse for it.

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How do helmet laws affect a motorcycle

accident claim?

Helmet rules are set by each state. Seventeen states and Washington, D.C. have universal helmet laws covering all riders. Most others require helmets only for riders under a certain age, often 18 or 21. Illinois, Iowa, and New Hampshire have no general helmet requirement for adult riders.



Not wearing a helmet usually does not prevent a rider from bringing a claim, because the helmet did not cause the crash. What some states allow is an argument that the lack of a helmet made a head injury worse, which can reduce the damages for that injury. Other states do not allow that argument at all. A helmet has no bearing on injuries to the legs, arms, or spine, which are the most common motorcycle injuries.

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Who pays a motorcyclist's 

medical bills?

In an at-fault state, the at-fault driver's liability insurance is the main source, along with the rider's own medical payments coverage and health insurance.



No-fault states are more complicated. In several of them, including New York and New Jersey, motorcycles are treated differently from cars, and a motorcycle policy does not provide the same personal injury protection benefits. That can leave health insurance as the first payer and makes the rider's own uninsured and underinsured motorist coverage (UM/UIM) especially important. A rider's household car policy may also provide some coverage. Reviewing every policy in the household is one of the first things we do.

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How is fault proven in a 

motorcycle accident?

Speed and visibility are the questions in most cases, and both can be answered with evidence. That evidence can include video from traffic cameras, dashcams, and nearby businesses; data from the car's event data recorder; the rider's own helmet camera or phone data; skid marks and the final resting position of the vehicles; and an accident reconstruction expert in serious cases.


Comparative fault rules decide what happens if the rider is found partly responsible. Most states reduce the recovery by the rider's share of fault as long as it stays under the state's cutoff, usually 50 or 51 percent. A few states, including Alabama, Maryland, North Carolina, Virginia, and Washington, D.C., can bar recovery for any fault, which makes the fault evidence even more important there.


Is lane splitting legal?

In most states it is not. California expressly allows lane splitting, and a small number of other states allow lane splitting or slower lane filtering under specific speed and traffic conditions. Riding between lanes where it is not allowed can be used to argue the rider was partly at fault, but it does not automatically end the claim, especially if the driver also did something wrong.

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What injuries are common in 

motorcycle accident?

Riders most often suffer leg and foot fractures, pelvic fractures, arm and wrist injuries, road rash and degloving injuries, spinal injuries, and traumatic brain injuries, even with a helmet. Many of these injuries need surgery and long rehabilitation, and some lead to permanent limits on work and daily life. The claim should account for future care, not only the bills already received. If a rider does not survive the crash, the family may bring a wrongful death claim.

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What should a rider do 

after a crash?

Get medical care right away and follow through with it. Do not repair or sell the motorcycle or throw away the helmet and riding gear, because they are evidence of how the crash happened and how hard the impact was. Take photos of the bike, the other vehicle, the road, and your injuries. Write down what you remember, including what the other driver said at the scene, while it is fresh. Avoid recorded statements to the other driver's insurer until you have advice.

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Motorcycle accident cases 

in other states

Riders travel, and many of the riders who contact us were hurt on a trip or a rally ride in another state. We review motorcycle accident cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state. If a commercial truck was involved, see our truck accident lawyer page, and for bicycle and e-bike riders, see our bicycle accident page.

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Motorcycle accident questions

people ask us

  • Can I still bring a claim if I was not wearing a helmet?

    In most cases, yes. The helmet did not cause the crash. In some states the defense may argue that a helmet would have reduced a head injury, which can lower damages for that injury only. It does not affect claims for injuries to other parts of the body.

  • The driver says they never saw me. Does that help them?

    Usually not. Drivers are required to look for motorcycles and other vehicles before turning or changing lanes. A driver who failed to see a rider who was there to be seen was generally not paying proper attention.

  • My motorcycle insurance does not seem to cover my medical bills. Is that normal?

    In some no-fault states it is. Motorcycle policies often do not include the personal injury protection that car policies do. Health insurance, the at-fault driver's liability policy, and your own UM/UIM coverage then become the main sources. A lawyer can review every policy in your household to find what applies.

  • Can a passenger on my motorcycle bring a claim?

    Yes. A passenger can bring a claim against the at-fault driver, and in some cases against the motorcycle operator's policy as well. Passenger claims are evaluated separately from the rider's claim.

  • Can you help with a motorcycle crash that happened in another state?

    Yes. We review cases nationwide. When a case must be filed in a state where we do not have an office, we work with locally admitted counsel there so the case is filed in the right court under the right law.

  • How long do I have to file a motorcycle accident lawsuit?

    It depends on the state where the crash happened. Most states allow between one and six years for injury claims, and claims involving a government road or vehicle can require notice within months. Check the deadline early, because the right state is not always obvious in an interstate crash.

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Talk with Onal Injury Law 

about your case

Onal Injury Law has offices in Elmwood Park and Cliffside Park, New Jersey, Staten Island, New York, and Sugar Land, Texas. We review injury cases from anywhere in the United States. When a case has to be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court and handled under the right law.


The first consultation is free and confidential, and we speak English, Turkish, and Spanish. Injury cases are usually handled on a contingency fee, so there is nothing to pay up front, and we explain the fee agreement and case costs in writing before you sign anything. Call (201) 335-6788 or request a free case review.

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FIGHTING FOR JUSTICE IN ALL PERSONAL INJURY CASES


Personal injury cases are complex and deeply consequential. Each one involves specific facts, medical realities, and long-term implications for the person affected. Our New Jersey personal injury lawyers bring experienced judgment and disciplined preparation to every matter we handle.

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