Motorcycle Accident Injury Claims

These situations commonly justify a free consultation. None of them means you have a valid claim; that is for an attorney to assess.

• You were hospitalised, had surgery or suffered a head, spinal or crush injury.
• A driver turned left across your path, changed lanes into you or opened a door into you, and is now blaming you.
• The insurer is raising your helmet, speed, lane position or riding experience as reasons to reduce the claim.
• The driver was uninsured or underinsured, or a road defect or debris contributed to the crash.

• The police report, scene photos, skid marks and the final rest positions of the vehicles.
• Your helmet, gear and the motorcycle itself, kept unrepaired until they have been inspected and photographed.
• Witnesses and camera footage, including your own helmet or bike camera if you had one.
• Medical records that document each injury and its treatment, plus lost-wage evidence.
• Accident reconstruction where fault is disputed, which can establish speed and visibility.

Personal injury law is state law. The examples below name Georgia and Tennessee because those states have dedicated guides on this site; your own state's rules may differ.

• Helmet laws vary from universal requirements to none. Where a helmet was required and not worn, or where the state allows the defence, insurers argue that head injuries were partly self-inflicted; Georgia and Tennessee both require helmets for all riders.
• Lane splitting (riding between lanes of traffic) is lawful in a small number of states and prohibited in most, including Georgia and Tennessee. Where prohibited, it can add to the rider's share of fault but does not by itself bar a claim.
• Comparative fault rules apply as for any vehicle crash: Georgia bars recovery at 50 percent, Tennessee unless the rider's fault is less than the driver's.
• Minimum liability limits in Georgia and Tennessee ($25,000 per person) are often far below the cost of a serious motorcycle injury, which makes your own uninsured and underinsured motorist coverage important.

State guides: Georgia, Tennessee.

There is no national personal injury deadline. Each state sets its own statute of limitations, and separate notice rules often apply to claims against government bodies. Missing a deadline usually ends the claim.

• Two years to file in Georgia and one year in Tennessee for most injury lawsuits; other states differ.
• Written notice within months if a government vehicle, road design or road maintenance is at fault.
• Notice to your own insurer for uninsured or underinsured motorist coverage, under the terms of your policy.

Most personal injury attorneys work on a contingency fee: a percentage of any settlement or verdict, with no fee owed if there is no recovery. Case expenses (filing fees, records, experts, depositions) are separate. Some attorneys advance them and deduct them from the recovery; others may ask you to repay them even if the case is lost. Read the written fee agreement before signing, and ask how expenses are handled.