How long do I have to file a motorcycle accident claim in Washington?

In most Washington motorcycle accident cases, you generally have three years from the date of the crash to file a personal injury lawsuit. While there are some exceptions, paying attention to this deadline is important, even if you’re still getting medical treatment or waiting to learn the full extent of your injuries.

A claim can take time to build, especially when a motorcycle accident involves:

Waiting to file can complicate your claim. It’s always a good idea to talk to an experienced motorcycle accident attorney as soon as possible to ensure you do not accidentally waive your right to file a claim.

At Fuller & Fuller, we help victims of motorcycle accidents in Olympia, Tacoma, and throughout Washington. We get to work quickly to secure evidence, identify the liable parties, and build a case that seeks the fair and full compensation you deserve.

Can I still recover compensation if I was partly at fault for a motorcycle crash in Washington?

Yes. Washington follows a comparative fault rule. This means you can still recover compensation after a motorcycle accident even if you are found partly responsible. Under Washington law, any damages you are awarded for a serious injury will be reduced by a percentage equal to your share of blame.

For example, if your damages were valued at $500,000 and you were found 20% at fault, your recovery would be reduced by 20% ($100,000), but you could still recover the remaining 80% ($400,000).

This is important for riders because insurance companies often try to blame motorcyclists. They may claim you were:

  • Speeding
  • Following too closely
  • Riding too fast for the weather
  • Hard to see
  • Incorrect lane position
  • Taking unnecessary risks

Those claims are not the same as proof, nor are they always accurate. This is where a motorcycle crash lawyer comes in.

Your attorney will review the police report, vehicle damage, witness statements, helmet and gear damage, available camera footage, and other pieces of evidence to push back when blame is unfairly shifted onto your shoulders.

At Fuller & Fuller, our motorcycle wreck lawyers have been dealing with insurance and issues of liability for over 50 years. We know the tricks they use to shift blame, and we know how to counter unfair treatment with facts.

Can I bring a claim if I was hit by an uninsured or underinsured driver?

Yes, you may still have options after a motorcycle accident involving an uninsured or underinsured driver. The first question is whether you have uninsured/underinsured motorist coverage (UM/UIM) through your own policy.

UM/UIM coverage can be especially important after a motorcycle crash because injuries are often severe and the at-fault driver may not have enough coverage to pay for the harm they caused. If they have no insurance, your UM coverage may apply. If they have insurance, but it’s not enough to cover your damages, your UIM coverage may help fill the gap.

These claims can be very difficult. Insurance companies often question injuries, argue about fault, or challenge the value of your claim. Because this is coverage you pay for, these actions can be extremely frustrating.

Even when filing a claim against your own insurance company, it’s best to have a qualified and experienced motorcycle accident lawyer on your side who can protect you against unfair treatment and fight for every penny you are due.

Can I still have a case if I was not wearing a helmet?

You may still have a motorcycle accident case even if you weren’t wearing a helmet. However, helmet use can become an issue in the claim.

Washington law requires motorcycle riders to wear a helmet. If you were not wearing a helmet, the insurance company may argue that your injuries were made worse because of that choice.

This does not mean that the driver who caused the crash gets a free pass. The key question is usually whether a helmet could have affected the injuries being claimed. For example:

  • Helmet use may be more relevant in a traumatic brain injury claim
  • It may be less relevant in a claim involving a broken leg or spinal cord injury
  • It does not automatically erase the other driver’s negligence

While safety gear is important, motorcycle riders already face enough unfair assumptions. If an insurance company is using helmet use to blame you for a crash someone else caused, having a motorcycle accident attorney on your side is very important.

The Washington motorcycle accident lawyers at Fuller & Fuller understand how a serious injury can impact every aspect of your life. We will work to secure fair compensation, regardless of your helmet use, so you can make the fullest recovery possible.

What if the insurance company blames me just because I was riding a motorcycle?

Simply riding a motorcycle is not a valid reason to blame a rider for a crash. Motorcyclists have the same right to use the road as anyone else. A motorcycle is not an invitation for careless drivers to stop looking, stop yielding, or stop following the rules of the road.

Still, bias against motorcyclists is real. Insurance companies may try to suggest that a rider was reckless, speeding, weaving, or somehow “hard to see.” They know they can reduce their liability if they can shift some of the blame to the rider. This is why evidence matters.

A strong motorcycle accident claim involves the review of the facts, which may include:

  • Police records
  • Witness statements
  • Traffic or dashcam footage
  • Photos of the crash scene
  • Vehicle damage
  • Skid marks or debris patterns
  • Medical records
  • Expert analysis and crash reconstruction

In a motorcycle accident, fault must be based on what actually happened, not old stereotypes about motorcyclists.

The motorcycle wreck attorneys at Fuller & Fuller know how frustrating it is to be treated like you’re the problem when you’re the one who was hurt. We’re here to tell the full story and make sure your side isn’t buried under assumptions.

Can a family file a wrongful death claim after a fatal motorcycle accident in Washington?

Yes. When a motorcycle rider is killed because of another person’s negligence, surviving family members can bring a wrongful death claim. These claims may involve compensation for losses such as:

  • Funeral and burial costs
  • Medical expenses before death
  • Lost financial support
  • Loss of companionship
  • Loss of care, guidance, and support
  • Emotional harm
  • Possibly pain and suffering for the deceased, if they did not pass away instantly

Wrongful death claims can be very difficult. While grieving, families may also face immediate financial consequences along with calls from insurance companies that often only add questions.

At Fuller & Fuller, our fatal motorcycle crash lawyers help families in Tacoma, Olympia, and throughout Washington seek justice. We encourage you to contact us for a confidential, no-commitment, no-cost consultation where we can listen to your story, help you understand your options, and guide you toward the next best steps.

Washington Motorcycle Accident Attorneys

Washington has a unique landscape that makes it a scenic destination for motorcycle riders. From the coastal areas of the Port of Tacoma to the majesty of Mount Rainier, motorcyclists can enjoy roads that truly combine sea and sky.

Unfortunately, these roads are not always safe. Motor vehicle accidents are a leading cause of serious injury throughout Washington. And, although any collision has the potential for severe injuries and even death, motorcyclists tend to be at the highest risk.

The lawyers at Fuller & Fuller understand that the aftermath of a motorcycle wreck is often traumatic. Hiring an attorney is likely one of the last things on your mind. However, an attorney can give you IMMEDIATE guidance on insurance coverage, your rights as an accident victim, and how you can prove your injury and financial loss from the accident.

Please call (800) 570-4878 or submit an email inquiry on our website to tell us about your case. Fuller & Fuller Attorneys at Law serves clients in Tacoma, Olympia, and nearby areas of Washington.

See what clients of Fuller & Fuller have to say about their experience.

When you hire Fuller & Fuller, our motorcycle accident lawyers respond as soon as possible if you contact us with questions or concerns about your case. We will be in contact with you every step of the way, from settlement negotiations and review of pending offers to going to court if necessary.

Types of Motorcycle Accidents

In spite of the stereotype that motorcyclists are careless thrillseekers who throw caution to the wind, the drivers of passenger vehicles are more often at fault in the majority of motorcycle wrecks. Negligent or careless behavior on the part of a driver can take many different forms, including:

  • Drunk driving
  • Driving under the influence of drugs
  • Distracted driving
  • Failure to check blind spots when changing lanes
  • Turning errors
  • Aggressive driving
  • Speeding
  • Failing to adjust for conditions that affect visibility (i.e., driving at night, driving in bad weather, etc.)
  • Following too closely

Our lawyers gather evidence to prove that the at-fault driver’s negligence resulted in the motorcycle accident. We have experience helping motorcyclists and their families with injury claims arising from many different types of crashes, including:

Rear-End Collisions

Rear-end crashes are the most common type of motor vehicle accident. Although they can lead to serious injuries for any of the vehicles involved, motorcycles are at additional danger when they are hit from behind.

The force of the impact could throw the rider forward into the road, where contact with the pavement causes severe injuries. Alternatively, the bike may slide out from under the rider, causing them to roll onto and even over the vehicle’s hood and windshield.

Tailgating is a leading cause of rear-end crashes. Motorcycles generally take less time to stop than cars, so drivers who follow too closely or aren’t paying attention often won’t be able to brake before crashing into motorcycles stopped in front of them.

Head-On Collisions

When another vehicle crashes head-on with a motorcycle, it should come as no surprise that the motorcyclist is most at risk of serious injury. Even if the accident involves fairly low speeds, the motorcyclist is still at risk of being launched through the windshield or up and over the other vehicle’s roof.

Drivers who stray into the oncoming lane put themselves and others on the road at risk. Oftentimes head-on crashes are the result of negligent behavior such as drunk driving, distracted driving, or falling asleep at the wheel.

Motorcycle Accident Lawyers Washington

Intersection Accidents

The smaller size of motorcycles means that intersections can be especially hazardous for riders. A careless driver who is turning left is much more likely to misjudge distance or miss a motorcycle that is traveling straight. On the opposite side of the same coin, a driver who runs a red light when a motorcyclist has a green arrow to turn left may notice and be able to avoid another vehicle, but not the motorcycle.

Motorcycle riders face added danger from other vehicles if they are involved in an accident in an intersection. It is a tragic but very real possibility that the driver could be propelled directly into traffic, enhancing the risk of additional injuries from contact with more than one vehicle.

Single-Vehicle Crashes

Sometimes another vehicle doesn’t have to make contact with the motorcycle to be responsible for causing an accident. All motorists should take evasive action to avoid hazards and other vehicles, but loss of control is a significant possibility when a motorcyclist is forced to make an emergency maneuver.

Say you’re riding on a two-lane road, and the driver coming from the opposite direction suddenly drifts into your path. You avoid the car by swerving, but you are forced off the road and crash. Even though the other vehicle did not crash into you, the driver of the car may still be liable for the accident if negligence caused him or her to enter the oncoming lane.

Accidents Caused by Dangerous Roads

Adjusting for road conditions is something that drivers and operators of any vehicle must do. However, defective design or negligent maintenance of roads can create hazards that result in accidents.

The following road dangers can cause motorcycle crashes:

  • Fissures in the pavement
  • Potholes
  • Gravel and other debris in the road (particularly on corners)
  • Inadequate grading, which increases the risk of hydroplaning when moisture collects on the road
  • Missing guardrails
  • Faded or missing road striping

Depending on the circumstances, the party liable for your injuries in a crash caused by a defective or dangerous road could be the government agency responsible for designing and maintaining the road, subcontractors involved in its construction, or a combination.

Open Car Door Accidents

Street parking in Tacoma and Olympia can be a challenge. Once drivers find a spot, their responsibility to other vehicles does not end.

As they open the car door, it is imperative that drivers and passengers on the driver side look for other cars, motorcyclists, and bicyclists. Failing to do this could cause serious damage to other vehicles and serious injuries to those on bikes.

Car doors present significant hazards to riders, who often don’t have time to react when the door is opened right in front of them. Dooring accidents carry a high potential for injuries both from the initial impact and traffic in the immediate vicinity.

Motorcycle Defects

When you buy, lease, or rent a motorcycle, you have a right to expect that it will function properly when you ride it. Unfortunately, vehicle manufacturers, parts makers, and others may put riders’ lives at risk by cutting corners.

A defective vehicle component may be responsible for your injury directly, or the failure of the part could cause an accident. The motorcycle accident lawyers at Fuller & Fuller investigate collisions to ensure that all liable parties are included in accident claims.

Recovering Compensation in a Motorcycle Accident Claim

Common Injuries in Motorcycle Accidents

Even seemingly minor motorcycle crashes can cause serious injury to the rider. Some of the most common injuries motorcyclists suffer in collisions include:

  • Traumatic brain injury
  • Spinal cord injury
  • Damage to vertebrae and soft tissue in the neck and back
  • Road rash
  • Degloving
  • Bone fractures
  • Burns
  • Amputations
  • Internal bleeding
  • Organ damage

State law in Washington requires all motorcyclists to wear a helmet. Unfortunately, helmets and other safety gear provide only so much protection. Riders who obey the helmet law and ride responsibly can still be seriously injured in a crash. In some cases, these injuries may be fatal.

What to Do After a Motorcycle Accident

Given the serious nature of most motorcycle crashes, you may be transported by ambulance from the scene of the accident to the nearest emergency department. If you don’t require emergency medical treatment, it is important to seek care for any injuries as soon as possible.

Medical care should be your first priority because:

  • Early intervention is key to restoring function and managing pain.
  • Some injuries can get worse without timely diagnosis and treatment, such as traumatic brain injury or internal bleeding.
  • It creates a record of your injuries and the steps medical professionals take to treat them; if you pursue a lawsuit against the at-fault driver, your medical records will be a key part of building your case.

If you are treated at the scene, there are additional steps you can take in the immediate aftermath of the accident. By doing the following, you may strengthen your claim:

  • Exchange insurance information with the other driver (or drivers) involved in the accident
  • Take photos of your injuries, or have someone else take them if needed
  • Take photos of your damaged motorcycle
  • Interview witnesses to the crash and get their contact information
  • Hang on to the helmet and clothing you are wearing, even if they sustained damage

You should notify your insurance company of the wreck as soon as possible. However, if the insurance adjuster asks you to sign authorizations or offers you a settlement, it is in your best interest to contact a motorcycle accident attorney first.

Insurance companies are in the business of making low payouts to protect the bottom line. Adjusters and other employees are trained to present themselves as an ally, then use your words against you. If you hire an attorney, however, he or she is in the business of protecting your rights and advocating on your behalf.

Similarly, the at-fault driver’s insurance company may try to contact you. The adjuster for this company is also looking to minimize what his employer pays for your injuries, up to and including trying to shift fault for the accident to you.

This is another reason to speak to a lawyer sooner rather than later. Talking to any insurance company after an accident is intimidating, and making a statement can undermine the compensation you may be able to recover.

Motorcycle Wreck Accident Scene

Compensation in Your Motorcycle Accident Case

The amount you may be able to recover depends on the types of injuries you suffer and their impact on your life. Our lawyers will pursue the full compensation you are due for your motorcycle accident injuries, which may include:

  • Medical bills
  • Lost wages, past and future
  • Property damage
  • Pain and suffering
  • Loss of consortium, or the loss of “society and companionship” between family members

If the worst happens and your family member succumbs to injuries sustained in a motorcycle accident, our lawyers can build a wrongful death claim on behalf of you and your loved ones. Compensation that may be available for a wrongful death stemming from a motorcycle crash includes:

  • Burial and funeral costs
  • Expenses for medical care provided before death
  • Loss of earnings and benefits
  • Emotional distress
  • Pain and suffering
  • Loss of companionship (spouse)
  • Loss of parental care and guidance (children)

As a family of attorneys, Fuller & Fuller will provide you with compassionate support throughout the process of your injury or wrongful death claim. We consider it our duty not only to pursue maximum compensation on your behalf, but to be available for you during emotionally the difficulties of this trying time.

Why Choose Fuller & Fuller’s Motorcycle Accident Attorneys for Your Case?

There are a few important things to look for when choosing a motorcycle accident lawyer. These include experience (not only with personal injury or accident cases generally but the kind of claim you have), results, and positive reviews from clients.

When you are first looking into hiring an attorney, also consider the attitude and responsiveness of the staff. If the team treats you with respect and kindness in the initial interactions, the same should be true if you decide to meet with the attorneys.

Fuller & Fuller is truly a family law practice. Now in its second generation of attorneys, the firm has been serving Tacoma, Olympia, and nearby Washington communities for 48 years. During this time we have achieved significant financial compensation for injured clients – many of whom share their experiences on our website.

We pride ourselves on making a difference not only when it comes to each client’s financial recovery but in building connections with our clients. We are family, and we want you to feel like part of the family as well.

Contact Fuller & Fuller for Help with Your Motorcycle Accident Claim

If you have been hurt in a motorcycle accident or a member of your family suffered serious injuries or died in a bike crash, Fuller & Fuller Attorneys at Law is here to help. The first step is to tell us about your case. Our motorcycle accident lawyers can investigate the collision and discuss your legal options, then negotiate a fair settlement and/or litigate your claim in court.

Our law firm has been serving communities, including Olympia, Tacoma, and other areas of Washington for nearly 50 years. Find out how we can help after a motorcycle accident by calling (800) 570-4878 or contacting us through our website.