Liability and Damages

When attempting to determine the value of any individual motorcycle accident claim, proving liability and recovering damages. This will be the legal foundation of your case and will depend on the strength of information you are able to provide demonstrating proof of the other party’s negligence.


Accident liability can potentially differ from state-to-state. In one of the thirteen no-fault states like California or Florida, all drivers are required to have PIP (personal injury protection) coverage for their own medical or out-of-pocket expenses following an accident. This happens regardless of causation. 

Only when your injuries meet a state’s serious injury threshold can you make a claim directly with the at-fault driver’s insurance immediately following the accident. Otherwise, in fault-based states like Nebraska the person proven at fault will cover car accident related injuries, losses, and damages through their own insurance carriers.  

When defining who is liable, it depends on finding proximate cause leading to one or more of the involved parties being held responsible. This includes both drivers involved, relevant automotive manufacturers, and even road owners.


Your ability to prove the value of your damages relies on your ability to prove the value of your damages with tangible evidence and documentation. This can include:

– Accident scene details. Proven through documentation such as photo, video, contact information, police reports, or other evidence.

– Proof of injury severity. This involves past, present, and future medical treatment. Documentation of medical bills and expenses. As well as recommendations from doctors about treatment options.

– Wage(s) lost. Past, present, or future wages lost due to the circumstances inflicted by a motorcycle accident deserve financial reimbursement.

– Pain and suffering. This encompasses pain and quality of life consequences following the accident that don’t have medical bills to tangibly represent.

Calculating Your Motorcycle Accident Claim 

Expenses like medical bills, vehicle damages, and lost wages are easy to calculate and assign value to. These types of losses are often referred to as economic damages. 

Other circumstances inflicted by the accident are intangible in value, without formal documentation or bills to reference. Pain and suffering or future wage loss are often referred to as noneconomic damages instead. These are notably harder to calculate and involve a multiplier or per day multiplier in order to determine value.

Filing Your Motorcycle Accident Claim

Due to the noticeably smaller amount of protection motorcycles provide compared to larger vehicles, motorcyclists are more prone to serious accidents. Even if this is your first accident and you weren’t at fault, filing a claim and dealing with insurance companies can be a difficult and frustrating process due to an inherent bias against motorcyclists. 

It’s important to consider consulting an informed motorcycle accident attorney to determine what financial amount you’re entitled to. Settling with an insurance provider shortly after a serious accident risks missing out on the fair compensation you deserve for your circumstances.

These settlements often do not factor in ongoing medical care, lost wages, and ongoing emotional repercussions. Any settlement will negate your ability to revisit the claim later and get fair repayment for any noneconomic damages that aren’t included in medical bills or vehicle expenses.