A rider or passenger hurt in a crash that another person caused, or the family of someone killed. You must show the other party was careless and that the carelessness caused your injuries.
There is no standard amount. Value depends on medical bills, lost income, pain, long term injury and how much fault you share. No national average is tracked, and law firm figures run from tens of thousands to several hundred thousand dollars.
Many claims settle in about 6 months to a year. A case that goes to trial can take years.
Get medical care, document the scene, report the crash, notify insurers carefully, and speak to an injury lawyer before you accept any offer.
Yes. Most states allow two or three years, but some are shorter and claims against a city or state can have very short notice deadlines. Missing it can end your case.
A motorcycle crash can change your health, your income and your family life in seconds. If another driver, a company or a government agency caused it, the law may let you recover money through an insurance claim or a lawsuit. This guide explains what you can claim, how much cases are worth, how long they take, and the exact steps to file.
Motorcyclists face far higher risk than other drivers. NHTSA reports that 6,335 motorcyclists died in crashes in 2023, about 15 percent of all traffic deaths, and that per mile traveled motorcyclists died at a rate nearly 28 times higher than passenger car occupants. This page is general information and not legal advice. Laws differ by state, so talk to a licensed lawyer about your case.
Key points
Most motorcycle claims settle before trial. Your fault share can lower what you recover, and in a few places it can bar a claim. Deadlines can be shorter than two years in some states, so act early. A crash claim needs real evidence, so start collecting it now.
Anyone who was injured because of another party’s carelessness can bring a claim. That includes the rider, a passenger, and in a fatal crash the family through a wrongful death claim. The other side can be a driver, an employer whose worker caused the crash, a vehicle or parts maker, a road contractor or a government agency.
A passenger can usually sue too. A passenger is rarely blamed for the crash, so a passenger can often claim against the at fault driver and sometimes against the rider. The rules are the same in states like California and Florida, but the deadlines and fault rules differ.
The law splits losses into two groups. Economic damages are the bills you can add up. Noneconomic damages are harder to measure and cover how the crash changed your life. In some cases a court can also add punitive damages to punish extreme behavior like drunk driving, though states cap or limit these.
There is no fixed or official average. No national agency tracks settlement amounts, so the numbers you see online come mostly from law firms and are best treated as rough guides. One compilation of law firm results reported payouts roughly between $66,000 and $185,000 with an average near $99,000, but the sources have a stake in how they present results, and your case could be far lower or far higher.
| Factor | How it affects value |
|---|---|
| Injury severity | Broken bones, brain injury and spinal damage cost far more than minor road rash |
| Medical bills | Higher treatment costs raise the base for the claim |
| Lost income | Longer time off work and lasting limits raise value |
| Fault | Your share of blame reduces the payout, and may bar it in some states |
| Insurance limits | A small policy can cap what is easy to collect |
| Evidence | Photos, video, witnesses and police reports strengthen the claim |
Our guide to the average car accident settlement amount explains how insurers and courts use the same factors in car crashes, and the logic carries over to motorcycles.
Beware of quick offers.
An insurer may offer a fast check before your medical picture is clear. Signing a release usually ends your claim for good, so get legal advice before you accept.
Many motorcycle accident cases settle within about 6 months to a year after the crash, according to injury lawyers who handle them. A case that goes to trial can take years. Cases move faster when fault is clear and injuries are well documented. They slow down when fault is disputed, when treatment is still going or when the insurer refuses a fair offer.
The first days after a crash shape the whole case. If you are able, follow these steps. Our guide on what to do after a car accident that was not your fault covers many of the same basics, and you can read how to sue a company for how a civil case works in general.
Yes, it can. Most states use comparative negligence, which cuts your recovery by your share of blame. Some states bar recovery if you are mostly at fault, and a small number apply stricter rules. In Florida, for example, a person found more than 50 percent at fault cannot recover damages under Florida Statutes section 768.81.
Helmets matter for safety and sometimes for the claim. The Insurance Institute for Highway Safety reports that 17 states and Washington, D.C. require all riders to wear helmets, and that helmets cut the risk of death by 37 to 42 percent. In some states an unhelmeted rider can still sue, but the other side may argue the injuries would have been less severe. Helmet rules differ by state, so check yours.
Every state sets a statute of limitations, which is the final date to file. Most states allow two or three years for a personal injury claim, but some are shorter, and wrongful death deadlines can differ. Claims against a city, county or state agency often require a written notice within months. Florida, for example, sets two years for negligence and for wrongful death under section 95.11 of its statutes. Do not rely on a general guide for your deadline. Ask a lawyer in your state as soon as you can.
Lane splitting means riding a motorcycle between lanes of slow or stopped traffic. California treats it as lawful when done safely, but most states do not allow it, and Missouri riders should assume it is not permitted. If you were splitting lanes where it is not allowed, the other side may use that to argue you were partly at fault. Even where it is legal, speed and safe conduct still matter.
You can also check state bar records for discipline and read verified client reviews. Avoid anyone who guarantees a result.
Yes, if another person or company was careless and caused your injuries. You must prove fault, injury and losses, and you must file before your state deadline.
There is no set amount. You can seek your medical bills, lost income, property loss and pain and suffering. Value depends on how serious your injuries are and how much fault the other side bears.
No official national average exists. Law firm compilations cite figures from tens of thousands to several hundred thousand dollars, but each case is different and those sources are not neutral.
Many cases settle in about 6 months to a year. A case that goes to trial can take years, especially if fault is disputed or you are still treating.
Medical costs, lost income, damage to your bike and gear, pain and suffering, scarring and disability, and in a death case funeral costs and loss of support.
Get medical care, report the crash, collect evidence, talk to an injury lawyer, and let them send a claim to the insurer. If talks fail, your lawyer files suit before the deadline.
Yes. A passenger can generally claim against the at fault driver and sometimes the rider. California gives injured people two years to file in most cases, so confirm with a lawyer.
Insurance claims are common, but most settle without a trial. A lawsuit is filed when the insurer denies the claim or offers too little.
Your lawyer files a complaint in the right Florida court within the two year limit for negligence. Florida also bars recovery if you are found more than 50 percent at fault.
Yes. NHTSA reports that motorcyclists died at nearly 28 times the rate of passenger car occupants per mile traveled in 2023. Helmets, training and visible gear help lower the risk.
Most states, including Missouri, do not generally allow lane splitting. California is the best known state that allows it. Check current state law before you ride.
Look for injury lawyers with motorcycle results, clear contingency fees, strong local knowledge and good communication. Avoid anyone who promises a specific payout.