A motorcycle accident lawyer does three things immediately: takes over all communication with insurance companies, starts an independent investigation to establish fault, and connects you with the medical care you need, sometimes on a delayed payment basis.
Motorcycle accident claims are fundamentally different from car accident claims. Riders typically face an unfair bias from insurers and even juries who might assume you were riding recklessly. The injuries are also typically far more severe, making the financial stakes much higher, which is why many riders speak with a Seattle motorcycle accident lawyer to level the playing field and protect their claim.
This means the evidence required to prove your case and the calculations needed to secure your financial future are more difficult. We handle this difficult process so you can focus on healing.
Our goal is to build a case that secures the maximum compensation available under Washington law for your medical care, lost income, and the personal impact of the crash.
If you have a question about an accident that injured you or a family member, call Pendergast Law for a straightforward conversation about your situation. Call us at (425) 228-3860.
Key Takeaways for Motorcycle Accident Claims
- A lawyer immediately takes over communication with insurers. This stops the pressure and prevents you from saying something that could be used against you while you are recovering.
- An independent investigation is necessary to counter rider bias. A lawyer builds a case with factual evidence to prove the other party's negligence because police reports may not tell the whole story.
- Your claim's true value includes future medical needs and non-economic damages. Accepting an early insurance offer is risky because it will not account for the total lifetime cost of your injuries, including your pain and suffering.
What a Lawyer Does First: Managing Your Claim Immediately
After a crash, you're likely bombarded with calls from insurance adjusters while trying to manage your pain and get to medical appointments. It’s a difficult situation to be in when you're at your most vulnerable, and insurers sometimes rush to frame the narrative before the full picture of causes of motorcycle accidents is understood.
Saying the wrong thing, even something as simple as, "I'm doing okay," might be used to downplay your injuries later. Trying to manage this yourself while recovering is a recipe for mistakes and immense stress.
A lawyer acts as your shield and your representative from day one.
Handling All Communications
The moment you hire us, we notify all insurance companies that they are to direct every phone call, email, and letter to our office. This stops the pressure immediately. You no longer have to worry about what to say or when to say it.
Protecting You From Adjuster Tactics
Insurance adjusters are trained negotiators. Their employer is a business, which means it must balance paying claims with remaining profitable. We manage these conversations, ensuring your statements aren't twisted and that you don't accept a quick, lowball offer before the full extent of your injuries is known.
Initiating the Investigation
We don't wait for the official police report to be the final word. We immediately start preserving evidence, such as photos from the scene, witness contact information, and security camera footage from nearby businesses, before it disappears.
Why You Need a Separate Investigation: Countering Rider Bias
The police report is a starting point, not the end of the story. It sometimes contains errors or reflects a driver's unsubstantiated claims that you "came out of nowhere."
There is a common and unfair stereotype that motorcyclists are reckless. Insurance companies know this and may use it to argue you were partially at fault to reduce the value of your claim. We have to build a case strong enough to overcome this bias with cold, hard facts, which is why many riders choose to get a lawyer for a motorcycle accident to protect themselves from these assumptions.
Accident Reconstruction
If the situation requires it, we work with accident reconstructionists. These are specialists, frequently former law enforcement officers, who use physics and engineering principles to determine vehicle speeds, points of impact, and the sequence of events that led to the crash. Their analysis provides objective proof of how the accident occurred.
Uncovering All Liable Parties
The other driver may not be the only one at fault. We investigate all possibilities.
- Was there a defective part on the motorcycle that contributed to the accident?
- Did a dangerous road condition, like an unmarked pothole or loose gravel from a construction site, play a role?
- Was the driver who hit you working for a company at the time, making the employer potentially responsible?
We identify every potential source of compensation to ensure you have the best possible chance at a full recovery.
Proving the Other Driver's Negligence
We dig for evidence that the other driver was not paying attention. This may involve subpoenaing cell phone records to check for texting, looking at vehicle data recorder information for speed, or finding witnesses who saw the driver run a stop sign. This work moves the focus from your riding to their negligent actions.
What Is Your Claim Worth? Calculating the Full Cost of a Crash
It's impossible to know the true cost of your injuries in the first days or weeks after a crash. The initial medical bills that arrive in the mail are sometimes just the beginning of the financial impact.
If you accept an early settlement from an insurance company, it is final. You cannot go back and ask for more money if you later discover you need surgery, extensive physical therapy, or cannot return to your old job. Watching your savings evaporate while the pain escalates is a frightening position to be in, which is why taking the right steps after a Seattle motorcycle accident is so important before agreeing to anything.
We work with you and your doctors to calculate the total lifetime cost of your injuries before ever presenting a settlement demand. A proper valuation includes several categories of damages.
Economic Damages (The Tangible Costs)
These are the losses that have a clear dollar amount attached to them. Our goal is to account for every single one.
- All Medical Bills: This covers every ambulance ride, hospital stay, surgery, prescription, and physical therapy session you have already incurred.
- Future Medical Needs: This is where many people get shortchanged. Serious motorcycle injuries typically require long-term care. We may consult with medical and life-care planning experts to project the costs of future surgeries, ongoing therapy, long-term care, or assistive devices like wheelchairs.
- Lost Income: We calculate the value of every hour of work you've missed because of your injuries.
- Diminished Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or working at the same capacity, we calculate the difference in your expected lifetime earnings.
Non-Economic Damages (The Human Cost)
This is compensation for how the crash has impacted your quality of life. Simply put, it's a legal concept to acknowledge the real, but hard-to-quantify, harms you have suffered.
- Pain and Suffering: This compensates for the physical pain and emotional distress caused by the accident and your injuries, such as anxiety, depression, or PTSD.
- Loss of Enjoyment of Life: This addresses the inability to participate in hobbies, activities, or family life as you did before the crash. If you can no longer go for a ride on the weekend, play with your children, or work in your garden, that loss has value.
Property Damage
Finally, we handle the claim for the cost to repair or replace your motorcycle and any damaged gear, such as your helmet, jacket, and boots.
How We Handle the Legal System for You
The legal system has strict rules and deadlines that must be followed. Missing a single deadline could mean losing your right to compensation entirely, no matter how strong your case is, which is why motorcycle safety attorneys pay close attention to timing while building and protecting your claim.
Washington's specific laws directly impact your motorcycle accident claim, and we manage all of these requirements for you.
The Statute of Limitations
In Washington, you generally have three years from the date of the accident to file a personal injury lawsuit.
While that may seem like a long time, building a strong case takes months. Over time, evidence gets lost, security footage is erased, and witnesses' memories fade. We manage this timeline carefully to ensure your rights are protected and that we act when your case is at its strongest.
"Pure Comparative Fault" Law
Washington state law follows a rule called "pure comparative fault". This law allows you to recover compensation even if you are found partially responsible for the accident. However, your final financial award is reduced by your percentage of fault.
Insurance companies will conduct a thorough investigation, looking for any evidence to argue you were at fault (such as arguing about your speed, lane position, or reaction time) to pay you less. Our role is to use the evidence gathered in our own investigation to keep them accountable and ensure no amount of blame is unjustly put on you.
Our Legal Process
Here is what we do:
- Filing the Claim: We handle all the tedious paperwork required to formally open the claim with every applicable insurance company.
- Negotiation: Once your medical condition is stable, we present a comprehensive demand package to the insurer. This document details our investigation's findings, compiles your medical records and bills, and presents the full calculation of your damages. Then, we negotiate for a fair settlement. The vast majority of cases are resolved at this stage.
- Litigation (If Necessary): If the insurance company refuses to offer a settlement that fully and fairly covers your losses, we are fully prepared to file a lawsuit and present your case in court. We will advise you of the risks and potential benefits at every step, so you can make an informed decision.
FAQ for How a Motorcycle Accident Lawyer Helps You
How are you paid if I can't work?
We handle motorcycle accident cases on a contingency fee basis. This is a common arrangement in personal injury law. It means you pay us nothing upfront.
Our fee is simply a percentage of the total compensation we recover for you. If we don't win your case and secure a financial recovery for you, you owe us no attorney's fees. This structure allows everyone to access legal representation, regardless of their financial situation.
The other driver’s insurance already made an offer. Shouldn't I just take it?
You should be very cautious with early settlement offers. They are sometimes a tactic to get you to settle for less before you know the full extent of your injuries and total financial losses. Once you accept an offer and sign a release, the case is closed forever. You cannot ask for more money later. We advise having an initial offer reviewed by an attorney at Pendergast Law before you sign anything.
I wasn't wearing a helmet. Do I still have a case?
Yes, you still have a case. Washington has a universal helmet law, RCW 46.37.530, which requires all riders and passengers to wear a U.S. Department of Transportation-approved helmet.
If you were not wearing one, an insurer may argue it contributed to your head injuries. This could reduce the compensation you receive for a head injury under the comparative fault rule.
However, it does not automatically prevent you from recovering compensation for other injuries (like broken bones or road rash) or for the driver's overall fault in causing the crash in the first place.
Do I have to go to court?
Probably not. The majority of personal injury claims are settled through structured negotiation. A lawsuit is typically filed only when the insurance company refuses to be reasonable and offer a fair settlement. We prepare every case as if it might go to trial, which typically convinces the insurer to negotiate in good faith and offer a better settlement.
How long will my case take?
This depends entirely on the severity of your injuries. A straightforward case might resolve in a few months. A case involving very serious, long-term injuries could take a year or more. We cannot rush the process, as we must wait until your medical treatment has stabilized and we have a clear prognosis from your doctors. This is the only way to know the full value of your claim.
What if the driver who hit me was uninsured?
In this situation, we would look to your own insurance policy for Uninsured/Underinsured Motorist (UM/UIM) coverage. This is specific coverage you pay for to protect yourself in a hit-and-run or a crash with a driver who has no insurance or not enough insurance to cover your damages.
Don’t Let Uncertainty Cost You a Fair Recovery
An insurance company's first priority is its bottom line, not yours.
Your job is to heal. Our job is to handle everything else. By taking on the investigation, the paperwork, and the negotiations, we clear the way for you to focus on getting better.
The first step is a simple conversation. Let us answer your questions and provide a clear assessment of your case.
Contact Pendergast Law today at (425) 228-3860.