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Home » Should I Sue The Driver Who Caused My Motorcycle Accident?

Should I Sue The Driver Who Caused My Motorcycle Accident?

January 12, 2023 by Louis Gertler Last Modified: March 7, 2026

Driving a motorcycle can be loads of fun, but it can also be extremely dangerous. Anytime you get on the road, you have to be attentive because you never know what can happen.

Having auto insurance is sure to help ease any on-road anxiety since you know you’re covered, but knowing what to do after an accident can be another problem. How do you know whom to call, how long you have to file a report, or if your insurance can help you sue if hit by an uninsured driver?

These are only a few of the specific questions that can arise when looking to become a motorist, shopping for new auto insurance, or just preparing to be a more educated driver. Learning what to do in the event of an accident can help you determine how to best document what happened so that you get fairly compensated or not taken advantage of if you find yourself in a position of fault.

Types Of Accidents Motorcyclists Get Into

Being a motorcyclist, you have to be extra cautious. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are highly overrepresented in traffic fatalities. Though percentages have varied over the years, in 2018, motorcycle fatalities accounted for 4,985 of the 36,560 people killed in traffic crashes.

With motorcyclists being the minority of drivers on the road, so many accidents leading to fatalities should alarm anyone behind the wheel and make everyone slightly more alert. Here are some of the most common types of accidents motorcyclists get involved in.

Head-On Collisions

Head-on collisions while on a motorcycle turns out this is more common than you would think. Between double-lined lane crossings, distracted driving, and debri on the road, this kind of collision is one of the most common among motorcyclists.

Blindspot Accidents

Motorcycles are smaller vehicles, which makes them harder to see. Whether you’re behind the wheel of a sedan, truck, or motorcycle, looking out for motorbikes takes a tailored amount of attention between each turn or driving maneuver.

No-Contact Accidents

Yes, if you become injured in a motorcycle accident that wasn’t the result of a collision, it still counts. A no-contact accident would be any instance where another driver’s actions result in the crash, injury, or damage of another driver or vehicle.

An example of this would be if a driver suddenly changed lanes without a blinker or cut off a motorcyclist, and the action resulted in any kind of physical injury or property damage.

Lane Splitting

If you already ride a motorbike, chances are you love doing this. It can feel like a scene out of “Fast and Furious” when everyone is at a standstill, but you get to zip through the traffic.

However, when you do this, you increase your risk of being in an accident. When driving, even other motorists don’t expect another driver to come from between lanes, resulting in many fatalities.

DUIS

Distracted driving and driving under the influence are bad ideas no matter what kind of vehicle you are operating. Call an Uber or Lyft and get your car or bike in the morning because, unfortunately, this one wrong decision could cost you or another person their life.

Driving under the influence of any mind-altering substance increases your risk for every kind of roadside accident. No matter how confident you are in your skills, if you know you’re not sober, it’s not worth the risk.

Speeding

Going too fast is a bad driving habit most of us have, but on motorcycles, speeds can quickly reach over 130 mph, making them more dangerous than cars.

The additional safety hazards that drivers already get presented with speeding make the chances of losing control even greater. Along with your increased risk, the depth of your injury is also likely to be greater because of speeding.

Having a history of reckless driving or speeding during the time of an accident could hinder you from recovering any losses in the event of a lawsuit because you will almost always be given fault simply for speeding.

Whom Can You Sue?

If you ever find yourself in a motorcycle accident of any sort, it also helps to know who can help or who should be held accountable.

The Other Driver

Of course, if you have been hit, you are justified in taking whoever hit you to court. Take pictures of the accident if you can, or even use a recording device every time you drive in case of an incident. Do what you can to stay aware and protected while on the road, but you are entitled to holding that driver accountable when an accident isn’t your fault.

The Dealership

If you’ve recently had work done or were driving a new motorcycle at the time of a crash, you should thoroughly investigate your bike. If the accident was caused by a malfunction not adequately disclosed or handled by your dealer, you could have a case.

You’ll need to be able to prove that the cause of your crash and injuries came from an issue the dealership should’ve either fixed or knew about. To help with this, anytime you get work done or purchase a new motorcycle, you should take pictures of each part before driving off.

Manufacturers

If faulty safety equipment played a role in your accident, you can sue both, or either, the bike and safety equipment manufacturer. Before purchasing a motorbike or any biker accessories, do your research on the products’ quality and proper functions.

No matter who is at fault, if you suffer an injury because your safety equipment didn’t work as it was supposed to, or if your injury was worsened because of it, you should contact an attorney.

The State

Road debris is hazardous for motorcycle drivers. If roadside construction mess or improperly kept streets is the cause of an accident, you can seek financial relief through due process.

Drive Smart, Drive Safe

Having to sue anyone isn’t fun. The process usually is long, stressful, and can make the pains of dealing with the aftermath of an accident exasperating. Whenever you get into an accident, it can seem like everyone is suddenly a lawyer or insurance agent, but knowing what to look for and who to turn to can make a stressful time more manageable.

Danielle Beck-Hunter is an insurance expert who writes and researches for the auto insurance comparison site, 4AutoInsuranceQuote.com.

About Louis Gertler

Louis L. Gertler, Esq. is a New Orleans attorney and partner at Gertler Law Firm. He represents individuals and families in civil matters involving serious injuries and wrongful death in Louisiana, including claims related to product incidents, medical care, and large-scale proceedings such as mass tort matters and class actions.

Louis earned his Juris Doctor from Tulane University Law School in 1994. He has been listed in The Best Lawyers in America since 2012 and was named Lawyer of the Year for Product Liability Litigation Plaintiffs in New Orleans in 2022, an honor based on peer review.

Louis approaches each matter with thorough preparation, careful review of the facts, and clear communication, helping clients understand the process and available options at each stage of the case.

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