Wyoming Motorcycle Accident Lawyer

Does Wyoming require motorcycle helmets?

Wyoming requires helmets for riders under 18. Adult riders may choose whether to wear one.

Even when a helmet was not required, an insurer may argue that a head injury would have been less severe if the rider had worn one. That argument has nothing to do with a broken leg, a shoulder injury or road rash. For head injuries, how much it matters is a medical and legal question that usually needs expert analysis. Riders who did wear helmets should keep them unrepaired, because they can show the force of the impact.

When do Wyoming riders face the most traffic and risk?

Wyoming's riding season runs mainly from late spring through early fall, and summer brings the heaviest motorcycle traffic. Large rally traffic heading to and from the Black Hills passes through northeast Wyoming, including Sundance, Gillette and the area around Devils Tower.

Scenic routes draw riders from across the country:

• The Beartooth Highway and Chief Joseph Scenic Byway, with high elevation, tight switchbacks and sudden weather
• Roads near Yellowstone and Grand Teton national parks, with heavy tourist traffic, RVs and wildlife
• The Bighorn Mountains, with steep grades and changing conditions
• Long interstate stretches with strong crosswinds

Riders in groups and riders from out of state may be unfamiliar with Wyoming's wind and road conditions, and drivers may not expect so many bikes on the road.

How does the 50% rule affect a Wyoming motorcycle claim?

A rider's recovery is reduced by their share of fault and barred if the rider is more than 50% at fault. Insurers often push rider fault higher using assumptions about speed and risk.

Here is a worked example. A rider near Sheridan is struck by a car pulling out of a gas station onto the highway. The rider's damages total $300,000. The driver's insurer argues the rider was speeding and riding in a group too close together.

• If a jury finds the rider 20% at fault, the rider recovers $240,000.
• If a jury finds the rider 50% at fault, the rider recovers $150,000.
• If a jury finds the rider 55% at fault, the rider recovers nothing.

Because Wyoming does not cap damages, the fault finding often decides most of the case value. Skid marks, video and witness accounts can keep the rider's share where it belongs.

Who is responsible for crashes caused by wind, gravel or livestock?

It depends on the cause. A driver who crowded a rider in a gust, a contractor that left loose gravel or a party that created a hazard may be responsible. Weather and animals alone usually are not a basis for a claim.

Much of Wyoming is open range, and livestock may be on or near roads. Claims against livestock owners can be difficult in open range areas, so these crashes need careful review. Claims against government bodies for road conditions follow special rules in Wyoming, so mention any public road issue early. Photograph hazards right away, because crews often clear them soon after a crash.

What should a rider do after a crash in Wyoming?

Get treatment, document the scene and collect witness information before travelers scatter.

1. Call 911 and ask for a crash report.
2. Photograph the bike, the other vehicle, the road and the weather.
3. Keep your helmet, gear and any camera footage.
4. Get names and phone numbers of other riders and drivers who stopped.
5. Keep records of medical care, including care received in other states.
6. Avoid posting about the crash online.

How can our team help an injured rider in Wyoming?

We build the evidence that counters rider bias and document the full cost of the injury, which in Wyoming is not limited by a cap. Motorcycle crashes often cause fractures, road rash, spinal injuries and brain injuries.

We also look at all insurance sources, including the at-fault driver's coverage and your own uninsured and underinsured motorist coverage. Learn more on our motorcycle accidents page, and see catastrophic injuries if your recovery will be long. For statewide rules, visit our Wyoming injury law guide. If a semi or oilfield truck was involved, our Wyoming truck accident page explains those cases. We offer a free case review, and there is no fee unless we win.