Attorneys reviewing Washington motorcycle accident cases
On this page
- Key Washington rules
- Can a motorcycle rider recover in Washington if the insurer says they were partly to blame?
- How do Washington's helmet rules affect a crash claim?
- What crash patterns cause most Washington motorcycle injuries?
- Which Washington roads and seasons are hardest on riders?
- What should an injured rider do after a Washington crash?
- How do we handle Washington motorcycle injury claims?
- Common motorcycle accident cases
- Attorneys reviewing these cases
- Frequently Asked Questions
Key Washington rules for motorcycle accident claims
- Personal injury filing deadline
- 3 years
- Fault rule
- Pure comparative faultYou can recover damages even if you were mostly at fault, but your award is reduced by your percentage of fault. For example, if you were 30% at fault, you could recover 70% of your damages.
- Claims against a government entity
- Shorter notice deadlineClaims against government entities require a standard tort claim form and a 60-day waiting period before suit.
Can a motorcycle rider recover in Washington if the insurer says they were partly to blame?
Yes. Washington uses pure comparative fault, so a rider's share of fault reduces the award but never wipes it out. That gives injured riders more room than in states with harsher rules.
Insurers still try to raise a rider's share of fault, because every percentage point lowers what they pay. They may point to speed, lane position, visibility or riding gear. A strong case answers those claims with physical evidence and credible witnesses rather than letting assumptions about riders fill the gap.
How do Washington's helmet rules affect a crash claim?
Washington requires motorcycle operators and passengers to wear approved helmets. Riders who were not wearing one should expect the insurer to raise it, especially when the main injury involves the head.
How much a helmet argument matters depends on the injury. It has little to do with a broken wrist, knee injury or road rash. With a head injury, the defense may try to argue that a helmet would have reduced the harm. That is a medical and legal question that usually requires expert analysis. Keep your helmet after the crash, unrepaired, because it can show impact forces and confirm you were wearing it.
Riders who were wearing a helmet sometimes face the opposite argument: that the helmet was not an approved model or did not fit properly. Receipts, the certification label and photos taken soon after the crash help answer that claim. Under pure comparative fault, even a successful helmet argument only trims the award by a percentage; it cannot erase the claim against the driver who caused the crash.
What crash patterns cause most Washington motorcycle injuries?
Most serious rider injuries come from a driver failing to see the motorcycle. Left turns, lane changes and drivers pulling out of side streets are frequent causes.
A worked example shows how Washington's rule applies. A rider heading north on SR 99 in Shoreline is hit by an SUV turning left into a parking lot. The rider's damages total $300,000. The SUV's insurer argues the rider was traveling 10 mph over the limit and assigns 40% fault to the rider.
- If the jury accepts 40%, the rider recovers $180,000.
- If our evidence lowers the rider's share to 10%, the rider recovers $270,000.
That $90,000 difference is why reconstruction, video and witness work matter so much. In many left-turn crashes, the driver would have hit the bike no matter its speed.
Which Washington roads and seasons are hardest on riders?
Washington riding season peaks from late spring through early fall, but many riders commute year-round west of the Cascades. Different regions bring different risks.
- Seattle, Tacoma and Everett traffic brings frequent lane changes, distracted drivers and slick surfaces in the rain.
- The North Cascades Highway, Chuckanut Drive and roads near Mount Rainier attract weekend riders with tight curves and changing elevation.
- Mountain passes may have gravel, sand or debris left over from winter maintenance well into spring.
- Eastern Washington highways bring long straight stretches, high speeds, crosswinds and farm equipment.
If loose gravel, a pothole or a damaged guardrail on a public road contributed to the crash, a claim against the government requires a standard tort claim form and a 60-day waiting period before suit.
What should an injured rider do after a Washington crash?
Get care, protect the evidence and avoid quick statements. The details you preserve now can lower the share of fault an insurer assigns to you.
- Call police and request the collision report.
- Photograph the bike, the other vehicle and road surface conditions.
- Keep your helmet, jacket and gear as they are.
- Save any helmet camera, phone or dashcam footage.
- Use your PIP coverage, if you have it, for early medical bills.
- Avoid posting about the crash or riding on social media.
How do we handle Washington motorcycle injury claims?
We build the facts that counter rider bias and fully document the injuries. Motorcycle crashes often cause fractures, road rash, spinal injuries and traumatic brain injuries that need long-term care.
We also look at every insurance source, including the at-fault driver's coverage, your own UIM coverage and any commercial policies. Learn more on our motorcycle accidents page, and see catastrophic injuries if your recovery will be long. For statewide rules, visit our Washington injury law guide. If you were struck by a passenger car rather than a commercial vehicle, our Washington car accident page also explains PIP. We offer a free case review, and there is no fee unless we win.
Attorneys reviewing Washington motorcycle accident cases
Frequently Asked Questions
Does Washington PIP cover motorcycle riders?
Not always. In Washington, motorcycles are often excluded from the PIP coverage insurers must offer for cars, and riders may need to buy medical payments or similar coverage on their motorcycle policy. Check your policy right away. Your health insurance and the at-fault driver's liability coverage may also help with medical bills.
Can a Washington motorcycle passenger bring a claim against the rider?
Yes, a passenger may bring a claim against the motorcycle operator if the operator was careless, as well as against any other driver who helped cause the crash. Passengers rarely share fault for how the bike is ridden. The rider's liability coverage, if any, may pay that claim.
What if I crashed avoiding a car that never touched my motorcycle?
You may still have a claim against the driver who forced you to swerve or brake. These no-contact crashes can be harder to prove, so witness names and video are very important. If the driver left, your UIM coverage may apply, though policies may require extra proof when there was no contact.
Do Washington juries treat motorcycle riders fairly?
Many jurors start with assumptions about riders, but those assumptions can be overcome with clear evidence. Showing safe riding habits, gear and training helps. Because Washington uses pure comparative fault, even a jury that assigns some blame to a rider can still award meaningful compensation.
General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.