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When it comes to road traffic collisions and accidents, it’s typical for legal cases to take time to fully assess who was at fault. If you’re a victim in a motorcycle accident, however, there’s one obstacle you may face that most don’t: the assumption of fault.
Before a police report has been filed, and before any evidence has been reviewed, the working theory in most insurance claims is that the individual riding the motorcycle is automatically the one at fault. In most cases, though, this assumption is completely wrong. And with motorcyclists over 60 times more likely to be killed in a reported road traffic accident per mile ridden, there are far more injury claims to be made.
Overcoming this incorrect assumption of fault requires targeted legal work, not just a standard personal injury claim. Thankfully, Telaré Law is a firm that specifically fights this dynamic. With over $100 million in damages and compensation recovered, and over 5,000 cases won, our award-winning attorneys know what it takes to shift the at-fault narrative back to where the evidence is actually pointing.
Why Motorcycle Accident Claims Are Harder to Win Than Car Accident Claims
While motorcycle accident claims involve all of the same challenges that are seen in car accident claims, they also have a layer of bias under the ‘assumption of fault’ that must be dismantled in order for a case to be won effectively. This can make the claim more difficult to win due to a number of factors. These include:
- The invisible rider: In over 65% of right-of-way violations, the driver of the other vehicle involved in the collision fails to see the motorcyclist. This isn’t because the riders are reckless, but simply because the way humans see is not well-adapted to narrow, fast-moving objects. Many insurers exploit this by framing the crash as the rider’s failure to make themselves visible, even when the driver of the other vehicle may have made an incorrect maneuver.
- Anti-rider bias in fault assessment: Washington’s pure comparative fault system means that every percentage point of fault assigned to the rider will reduce the compensation by that amount. Because of this, it’s used by many adjusters, with standard claim responses including allegations that the motorcyclist was speeding, lane-splitting, or not wearing visible gear. These allegations are inserted into fault calculations where there is limited evidence.
- Injury severity cuts: With so many motorcycle accidents producing such catastrophic injuries, it’s common sense that these should produce larger settlements. Sadly, this actually gives insurers more financial incentive to fight hard against the claim, undermine it, and cause delays. In short, the higher the damages, the more aggressively the case will be contested.
- Unreliable witness accounts: Due to the speed and positions at which these accidents take place, bystanders frequently misremember what happened in the collision. Unconscious anti-rider bias means that witness accounts are more likely to favor the perspective of the driver of the vehicle, rather than the motorcyclist in these cases, even when the rider had the right of way.
At Telaré Law, all approaches to motorcycle cases begin with documenting and challenging who was actually at fault, before rebuilding the liability picture with which to engage on damages.
How Washington Law Treats Motorcycle Riders – Where It Leaves Gaps
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When motorcyclists are involved in an accident, there are several different laws that can determine fault, which insurance adjusters may use to rule in favor of the driver of the other vehicle. As a motorcyclist, you must be aware of these laws in order to stand the best chance of recouping damages, should you be involved in a collision.
Washington’s Helmet Law
Washington state requires all motorcycle riders and passengers to wear a helmet that meets DOT standards. This law affects claims in two specific ways. Firstly, if the rider was not wearing a helmet and suffered a head injury, the insurer will argue that the injury was either self-inflicted or worsened due to non-compliance. Secondly, if the rider was wearing a helmet, our legal team will use that fact as direct evidence of responsible riding behavior. Whether or not you’re wearing a helmet at the time of the collision will become part of the comparative fault calculation, so this is something you should be sure to take into account when riding.
Lane Filtering vs. Lane Splitting in Washington
As of 2021, Washington law permits lane filtering under specific conditions. These include roads with a speed limit of 60 mph or less, traffic that has stopped or is moving at 10 mph or less, and only when carried out at a safe speed of no more than 10 mph. In all cases, lane splitting remains illegal. Insurers will try to characterize any lane positioning as illegal lane splitting, regardless of how it was actually carried out.
Washington’s Pure Comparative Fault Rule
Washington state applies a pure comparative fault rule. This means that if a motorcyclist is found to be 50% at fault, they are able to recover 50% of their damages. That said, the calculation will only work in the rider’s favor if the fault is accurately assessed. Every percentage point that is added to the rider’s fault column (whether due to an insurer’s investigation, a police report, or even a witness statement) will directly reduce the amount that is able to be recovered.
Washington’s Statute of Limitations
In Washington, motorcycle accident victims generally have three years from the date of the crash to file a personal injury lawsuit. If the rider was killed and the claim is for a wrongful death, the timelines may be slightly different. Also, if a government entity (such as a government vehicle, county road crew, or state agency) is involved, a formal claim notice may be required within 60 days.
Because of this, involving a legal team early can help ensure that these deadlines are tracked and met in order to avoid missing out on claims. Be sure to contact Telaré Law soon after the accident happens in order to make sure you’re able to meet all necessary deadlines and get the compensation you deserve.
The Most Common Causes of Motorcycle Accidents in Washington
When it comes to what caused a motorcycle crash, this isn’t just background information in a claim; it’s the entire basis of what is being argued. Establishing what actually occurred and who was responsible for it is the most important part in ensuring that a claim is successful.
There are many common causes of motorcycle accidents in Washington State, with some occurring at a much higher frequency than others. Knowing which causes are most common and most dangerous can help prevent them. These common causes include:
- Left-turn collisions: These are common as they involve speed miscalculations, blind spots, and directly turning into oncoming traffic. Misjudging the speed of this oncoming traffic can lead to a lot of ‘t-bone’ accidents. Blind spots, in particular, can create a huge hazard for motorcycles when it comes to this type of collision.
- Intersection right-of-way violations: These take place when a driver fails to grant the right of way to oncoming vehicles. This can lead to nasty accidents at yield signs, stop signs, left turns, and uncontrolled intersections.
- Unsafe lane changes and merges: Early merging rather than the safer ‘zipper merging’ can lead to collisions, as can unsafe lane changes that occur due to unsafe driver behavior, such as weaving, failing to signal, and being negligent of blind spots.
- Road hazards and government liability: Road hazards such as potholes and broken pavement, debris, and design and visibility flaws can all create issues that can contribute to collisions. In many instances, this is the fault of local governments responsible for the maintenance and design of these roads.
- Rear-end collisions: Rear-end collisions take place for a number of reasons, including distracted driving, tail-gating, speeding, reckless driving, adverse weather conditions, and driving tired. Driving into the back of another vehicle due to any of these reasons is a common reason for collisions.
- Dooring accidents: Dooring is a type of accident that is most common with cyclists and pedestrians, but in many cases can also affect motorcyclists. It occurs when a driver has parked their vehicle and opens their door at a moment when it will collide with a person or another vehicle. This is very common when smaller vehicles such as motorbikes or bicycles are in the driver’s blind spot.
If you have been involved in one of these types of accidents, it’s very unlikely that you will have walked away unscathed. Motorcycle accidents commonly result in a whole host of injuries, many of which can leave lifelong damage to those who sustained them.
Motorcycle Accident Injuries in Washington
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Due to the size and shape of motorcycles, they tend to produce injuries that would be minor or otherwise non-existent had the motorcyclist been in a car instead, even in low-speed crashes. This is because motorcycles offer no crumple zones, have no airbags to absorb impact, do not have a seatbelt for the rider, and have no outer protection between the rider and the road or the other vehicle, as a car does.
These factors can lead to injuries that are more common in motorcycle accidents than other types of road collisions, such as:
- Road rash and degloving injuries: These are commonly found when a motorcyclist has been thrown from their bike with the impact and has moved at speed across the road surface. This can result in the rider’s skin being scraped or pulled off entirely due to the intense friction from a rough surface paired with high speeds.
- Traumatic brain injury: As there are no airbags, and since the rider is not contained in a vehicle, head injuries can be much more severe if the rider is thrown from their bike.
- Orthopedic and crush injuries: Since motorcyclists are not contained within a vehicle, they are much more likely to end up elsewhere on the road after a collision, and in some cases, underneath the vehicle that hit them, making crush injuries common in motorcycle accidents. Crush injuries can result in nerve damage, cuts and bruises, broken bones, and tissue damage.
- Spinal cord injuries: Motorcyclists are at a high risk of developing spinal injuries in crashes, as their vehicle lacks an outer shell, seatbelt, or airbag that can prevent them from being flung after a collision.
- Psychological injuries: If any of the above are sustained, or even if a motorcyclist is lucky enough to come away from a collision without a serious injury, the trauma of the incident and the psychological injuries it can cause can be huge.
Telaré Law works with medical specialists to build up injury documentation that reflects not only what has been treated by medical professionals after a motorcycle collision, but also how it will impact the rider’s life in the future. This full picture is something that most insurers hope never gets assembled, as it can be used to illustrate where ongoing damages may apply, ensuring that at Telaré Law, we get the best results for our clients’ long-term interests.
What Telaré Law Does That Generic Personal Injury Firms Don’t
If you’ve been involved in a collision as a motorcyclist, your first thought may be to seek out a personal injury law firm to assist you in your case. Even though most personal injury firms take motorcycle collision cases, that doesn’t mean they necessarily handle them well.
Here at Telaré Law, we’re different. Our approach is grounded in what motorcycle claims actually require. Some differences that set us apart from generic personal injury firms include:
- Fault investigation built for rider defense: The first thing we do after taking on a motorcycle case is to build the liability record. Our dedicated team of legal experts pulls together evidence such as traffic camera and dashcam footage, scene documentation, skid mark records, and physics analysis. From here, we review the police report for inaccurate or biased characterizations of rider behavior. This work is undertaken quickly in order to help use as much evidence as possible before it disappears.
- Anti-bias documentation strategy: At Telaré Law, we proactively document rider compliance. We make a note of everything regarding rider compliance from the time of the accident, including helmet use, licensing, sobriety, and speed. This can help us in getting ahead of insurer allegations, as this is far more effective than responding to them after the fact.
- Medical documentation that matches the injury: As motorcycle injuries are often more severe and have longer recovery times than car accident injuries, we track treatment and work with specialists in order to project future medical costs and expenses accurately. With this in mind, we never recommend settling a claim until the full medical picture is clear, to give our clients the full compensation they deserve.
- Willingness to litigate: Many insurers use anti-rider bias to make low-ball offers. Insurers who have dealt with Telaré Law know that we’re willing to contest low offers and will stop at nothing to ensure our clients get the settlement they deserve.
- Eastern Washington familiarity: Our legal team is familiar with the road laws, courts, and claims dynamics of the Tri-Cities and the broader Eastern Washington region, including the rural highway corridors where many serious motorcycle crashes occur.
Telaré Law offers free consultations. It costs nothing, and doesn’t mean you’re committed to working with us, but it could be the most important call you make after a motorcycle crash. Our dedicated team of legal experts works efficiently to make sure all the documentation and evidence are collected promptly after the incident, so if you’ve been involved in a motorcycle accident, be sure to call us at (509) 736-3160 and see how the experts at Telaré Law can help.
Frequently Asked Questions About Washington Motorcycle Accident Claims
Does Not Wearing a Helmet Affect My Motorcycle Accident Claim in Washington?
Washington requires DOT-compliant helmets for all riders (RCW 46.37.530). If you were not wearing a helmet and suffered a head injury, the insurer will argue that your injuries were worsened by your own failure to comply with the law — and use that to reduce your recovery under Washington’s comparative fault rules. If you were wearing a helmet, that fact works in your favor and should be documented clearly. Either way, the helmet question needs to be addressed strategically from the start of the claim. Telaré Law has handled this issue in both directions and knows how to frame it effectively.
The Police Report Says I Was at Fault. Can I Still Recover Compensation?
Yes. A police report reflects the officer’s assessment at the scene, often made without all available evidence, under time pressure, and sometimes with a limited understanding of motorcycle dynamics. It is not a legal determination. Telaré Law routinely investigates motorcycle crashes where the initial police report inaccurately assigns fault to the rider — using physical evidence, witness interviews, and expert analysis to build a different and more accurate picture.
The Other Driver Says They Didn’t See Me. Does That Help Their Case?
Not necessarily — and Telaré Law challenges this characterization directly. A driver’s failure to see a motorcycle in plain sight is itself evidence of inattentive driving, not a defense. Washington law requires drivers to share the road with motorcycles and to look for them specifically. “I didn’t see them,” explains what happened; it doesn’t excuse it.
What If I Was Lane Filtering When the Crash Happened?
Washington law permits lane filtering under specific conditions — speed limits of 60 mph or under, traffic moving at 10 mph or less, and filtering speed no greater than 10 mph (RCW 46.61.608). If you were filtering within those parameters, you were acting lawfully. Telaré Law reconstructs the traffic conditions at the time of the crash to establish whether the filtering was legal and to counter any insurer argument that it was not.
How Long Do I Have to File a Motorcycle Accident Claim in Washington?
Generally, three years from the date of the crash (RCW 4.16.080). But the practical deadlines arrive much sooner — traffic camera footage is routinely overwritten within 30 to 72 hours, and physical evidence at the scene changes quickly. If a government entity is involved, a formal claim notice may be required within 60 days. Call Telaré Law before waiting to see how you feel — protecting your claim starts immediately after the crash.
What if a Road Defect caused the Crash?
If a road condition caused or contributed to your crash, the entity responsible for maintaining that road — a city, county, or the state of Washington — may be liable. These cases have different procedures and shorter notice deadlines than claims against private parties. A government liability claim can significantly expand the available compensation, but it requires prompt action to preserve it.
