After a motorcycle accident, blame can move faster than facts. A driver may say the rider “came out of nowhere.” An insurance company may assume the motorcyclist was speeding. A witness may remember the sound of the motorcycle but not the distracted driver, unsafe lane change, or failure to yield that cut off the rider’s path.
That’s a real problem for injured motorcyclists in Washington, who often face catastrophic and life-altering injuries in these accidents. Misplaced blame or the assumption of fault can affect your ability to file a claim for compensation.
At Fuller & Fuller, our Olympia motorcycle accident attorneys look at the facts of a crash when assessing blame. It’s our goal to make sure you are treated fairly and provided the opportunity to seek the fair and full compensation you deserve.
Talk to a Washington Motorcycle Accident Attorney for Free
To schedule a free and confidential consultation at the Tacoma or Olympia office of Fuller & Fuller, call us at (800) 570-4878 today. We help victims of serious motorcycle crash injuries throughout Washington pursue compensation for medical bills, lost wages, pain and suffering, and more.
Blame Can Lower the Value of Your Claim
Insurance companies know that blame can affect damages. This is why they often try to pin as much as possible on the rider. Your damages can be reduced by the percentage of fault you are assigned.
Common insurance arguments include:
- The rider was speeding
- The rider was weaving through traffic
- The rider was hard to see
- The rider should have reacted sooner
- The motorcycle “came out of nowhere”
They may also argue that your injuries were made worse because of what you were (or weren’t) wearing, or that your choice to ride a motorcycle in the first place made you more susceptible to serious injury.
Maybe some of those arguments sound convincing at first. That doesn’t make them true.
A fair investigation should look at the whole picture. That includes police reports, witness statements, photos, vehicle damage, road conditions, traffic signals, skid marks, surveillance footage, dashcam footage, and the actions of every driver involved.
At Fuller & Fuller, our Tacoma motorcycle accident attorneys know that an accusation is not evidence. We work with various experts, including crash reconstruction specialists, to thoroughly investigate motorcycle accidents, determine how they happened, who is liable, and the types of damages you are entitled to pursue.
Common Ways Riders Get Blamed
Motorcycle bias isn’t always obvious. Sometimes it shows up in small phrases that sound harmless but carry a lot of weight.
One of the most common is: “I never saw the motorcycle.”
That statement might explain what the driver experienced. It doesn’t prove the rider did anything wrong. Drivers have a duty to look for motorcyclists, especially before turning, changing lanes, entering traffic, or pulling out from a driveway or side street. Their failure to do so is a reflection of their actions, not the rider’s.
Riders also get blamed when a crash involves speed. Motorcycles can accelerate quickly. They’re also loud. Those two facts can cause people to assume the rider was speeding even when no one actually measured or saw the motorcycle before impact.
Other common blame tactics include:
- Blaming the rider for visibility. A driver may say the motorcycle was small, dark, or hard to notice.
- Blaming the rider for injuries. Motorcyclists are exposed. Severe injuries don’t prove reckless driving.
- Blaming the rider for road position. A motorcycle’s lane position may be completely lawful and still be misunderstood by drivers or witnesses.
- Blaming the rider for…riding. Riding is a legal form of transportation and a source of enjoyment for many. Riding a motorcycle is not a negligent action.
The real question isn’t whether you were riding a motorcycle; it’s who failed to use reasonable care. Your motorcycle accident lawyer will play a key role in establishing who that was.
Attorney Marya Fuller stands with injured riders when others are quick to assume the motorcycle caused the crash. Facts matter, and we know how to fight for them.
How Washington Motorcycle Laws Might Enter the Conversation
Washington motorcycle law says riders are entitled to the use of a lane. It also says no motor vehicle may be driven in a way that deprives a motorcycle of full use of that lane.
Washington also prohibits motorcycles from operating between lanes of traffic or between adjacent rows of vehicles. However, while lane splitting and other motorcycle safety concerns can be issues, they might not tell the whole story.
It’s important to ask:
- Was the rider actually between lanes?
- Did the other driver make an unsafe lane change?
- Did a driver turn without yielding?
- Did a vehicle follow too closely?
- Did road design, traffic, or visibility contribute?
- Did the alleged conduct actually cause the collision?
Helmet use might also come up. Washington generally requires motorcycle riders and passengers to wear helmets, and the helmet’s neck or chin strap must be fastened while the motorcycle is moving. But even if an insurance company raises a helmet argument, that doesn’t automatically prove the rider caused the crash. Not wearing a helmet has nothing at all to do with another driver running a red light, turning left into a motorcycle, merging into a motorcycle’s lane, or otherwise acting negligently.
At Fuller & Fuller, our accident and injury specialists know that Washington motorcycle law is meant to clarify responsibility, not to give insurance companies a shortcut. Our Olympia motorcycle accident attorneys help riders make sure the law is applied only to the facts, not used as a weapon against them.
Evidence Is Better Than Assumptions
The best way to push back against unfair blame is with evidence. Memories fade. Vehicles get repaired. Skid marks disappear. Cameras delete footage. This is why early investigation can be so important after a motorcycle crash.
Helpful evidence may include:
- Photos of the crash
- Photos of the vehicle damage
- Helmet and riding gear condition
- Police reports
- Witness names and statements
- Traffic camera footage
- Business or home surveillance footage
- Dashcam footage
- Roadway design, signage, and lighting
- Cell phone records
- Medical records
- Accident reconstruction analysis
This evidence can help answer the most important questions about motorcycle accident liability: Where was each vehicle? Who had the right of way? Was a driver distracted? Did a vehicle turn left across a motorcycle’s path? Did a driver change lanes without checking a blind spot? Did the insurance company overlook facts that could help the rider?
This is especially important in places where motorcycles, cars, trucks, and pedestrians all mix closely together. That can include Olympia intersections, Tacoma arterials, I-5, Highway 101, rural Thurston County roads, and busy stretches near shopping centers, schools, and freeway ramps.
A badly injured rider may not be able to collect this evidence alone. This is where a Tacoma motorcycle accident attorney comes in.
At Fuller & Fuller, we know what evidence is important for supporting a claim for compensation. We also know how much it matters when a rider is being blamed for a crash they didn’t cause. Motorcycle riders have the same right to the road as everyone else. They shouldn’t have to overcome built-in assumptions simply because they were on two wheels.
We treat injured riders like family. We listen. We investigate thoroughly. We stand up to unfair blame. If you were hurt in a motorcycle accident in Washington, our team is ready to help protect your rights and help you move forward.
Schedule a Free Consultation With an Experienced Washington Motorcycle Accident Attorney
If you have been injured or a loved one has been killed in a motorcycle accident in Washington, Fuller & Fuller is here to help. Use our online contact form or call us today to schedule a no-cost, no-obligation consultation at our Tacoma or Olympia location.
