Idaho Motorcycle Accident Lawyer

What is Idaho's motorcycle helmet law?

Idaho requires helmets for riders and passengers under 18. Adults may legally ride without one.

In an injury claim, helmet use is a separate issue from who caused the crash. If a pickup turned left across a rider's path, the driver is still responsible for that choice. An insurer may argue that certain head injuries would have been less severe with a helmet, but that argument usually does not reach injuries to legs, arms, ribs or the spine. Keeping the helmet you wore, or noting that none was worn, helps answer the question clearly.

Where do Idaho motorcycle crashes happen most?

Many Idaho crashes happen on the same roads that draw riders here: winding mountain and river routes with limited sight lines, wildlife and sudden changes in pavement.

• US-12 along the Lochsa River toward Lolo Pass, with long stretches of curves.
• Highway 21 through the mountains above Boise and Highway 75 toward the Sawtooths.
• Highway 55 along the Payette River, crowded with summer traffic.
• North Idaho lake routes, where tourist traffic peaks in summer.
• Treasure Valley arterials, where commuters turning left often misjudge a rider's speed.

The riding season runs roughly from spring through fall. Early in the season, sand and gravel left from winter road treatment can cover curves. Deer and elk are a constant risk at dawn and dusk.

Group rides add their own risks. When riders travel in a staggered formation through canyon curves, a single car drifting over the centerline can bring down more than one bike. Each injured rider has a separate claim, and the at-fault driver's policy limits may have to be shared among them, which makes each rider's own underinsured motorist coverage even more valuable.

Why do insurers push the 50% argument against riders?

Because in Idaho, an even split of fault ends the claim. Insurers know that some jurors start with a bias against motorcyclists, so they look for speed, lane position or riding gear to push the rider to the 50% line.

Here is how the math works. A rider on Highway 55 is hit by a car crossing the centerline on a curve. The rider's losses total $200,000. The driver's insurer argues the rider was going too fast into the curve.

• At 25% rider fault, the rider recovers $150,000.
• At 45% rider fault, the rider recovers $110,000.
• At 50% rider fault, the rider recovers nothing.

Physical evidence often answers these arguments. Where the bike and car came to rest, gouge marks in the pavement and the damage pattern can show which vehicle crossed into the other lane.

Can a rider recover if a road hazard caused the crash?

Sometimes. Potholes, loose gravel, uneven pavement, missing signs and debris from trucks can all cause motorcycle crashes. The responsible party could be a contractor, a trucking company or a government entity.

If a road defect on a state or county road played a role, Idaho generally requires a written notice of claim within 180 days. That deadline is much shorter than the 2-year lawsuit deadline. Our page on government and public property injury claims explains what the notice should include. Photograph the hazard as soon as possible, because road crews may fix it quickly.

Truck debris, such as shredded tire treads and unsecured cargo, is another common hazard. If a load fell from a truck, the carrier or the company that loaded it may be responsible even if the truck never stopped. Witnesses who saw the truck and any company name on its door are valuable.

What insurance covers an Idaho motorcycle crash?

The at-fault driver's liability insurance is the main source, since Idaho is an at-fault state. Your own uninsured and underinsured motorist coverage can help when that driver has low limits or no insurance.

Check your policy carefully. Some riders decline uninsured coverage to save money, and some policies have different limits for motorcycles than for cars. Medical payments coverage, if purchased, can help with early bills. Health insurance may also pay and seek repayment later.

What should an injured rider do next?

Get medical care, preserve your bike and gear, and document the scene before it changes.

1. Call 911 and request a police report.
2. Photograph the bike, the other vehicle, the road surface and any skid marks.
3. Keep your helmet, jacket and boots, even if damaged.
4. Ask the tow yard to hold the bike until it is inspected.
5. Avoid posting about the crash on social media.
6. Write down the names of riders you were with and anyone who stopped to help.

For more on these claims, see our general motorcycle accidents guide, our Idaho car accident page and our main Idaho page. Our team offers a free case review.