How Are Motorcycle Accidents Different from Car Accidents?

Motorcycle accidents are fundamentally different from car accidents due to two core factors: the catastrophic severity of a rider’s injuries and the unfair legal bias they often face in the aftermath. While drivers are protected by a steel frame and airbags, a motorcyclist is completely exposed, bearing the full, devastating force of a collision. This vulnerability, combined with a persistent and unfair stereotype against riders, creates a uniquely challenging path to recovery.

Severity of Injuries of Motorcycle Accidents vs. Car Accidents

The most immediate and obvious difference lies in the level of physical protection, or lack thereof. A driver in a car is surrounded by a steel frame, protected by airbags, and secured by a seatbelt. These safety features are designed to absorb and redirect the force of an impact, shielding the occupants from the worst of the collision.

A motorcycle rider has none of these protections.

In an accident, a rider is exposed to direct impact with the other vehicle, the pavement, and any other objects in the path of the crash. Even with a helmet and protective gear, which are critically important, the human body bears the full brunt of the force. This exposure leads to injuries that are often catastrophic and life-altering.

Common motorcycle injuries include:

The medical journey after a motorcycle accident is often longer, more intensive, and more expensive than after a typical car accident. It can involve emergency surgery, lengthy hospital stays, specialized rehabilitation, physical and occupational therapy, and chronic pain management for years to come—or for the rest of a person’s life.

Proving Fault in a Motorcycle Accident

After an accident, one of the most painful and frustrating challenges a rider faces is the inherent bias against motorcyclists. There is a persistent and unfair stereotype that portrays riders as reckless, speeding daredevils who weave through traffic and take unnecessary risks.

This bias isn’t just a social stigma; it has a direct and damaging impact on an injury case.

  • At the Scene: Police officers, sometimes influenced by this unconscious bias, may be quicker to assign fault to the rider in their initial report, even when the evidence points to the other driver’s negligence.
  • With Witnesses: Eyewitnesses may have a skewed perception of events. They might wrongly recall the motorcycle as “coming out of nowhere” or “going too fast,” simply because motorcycles are smaller and can seem faster than they are.
  • With Insurance Companies: This is where the bias does the most harm. Insurance adjusters are trained to use this stereotype as leverage. They will often look for any possible reason to pin blame on the rider, knowing that if they can successfully argue the rider was even partially at fault, they can reduce or even deny a payout.

Because of this, gathering strong, objective evidence is far more critical in a motorcycle accident case. While in a car accident, the physical evidence of the vehicles often tells a clear story, a motorcycle case requires a more proactive approach to overcome preconceived notions.

This includes securing photos and videos of the scene, preserving the damaged motorcycle and riding gear as evidence, gathering contact information from all potential witnesses, and obtaining any available surveillance or dash-cam footage that can show what truly happened.

The Nevada Legal Landscape: Comparative Negligence

This fight against bias is especially important in Nevada because of our state’s “modified comparative negligence” rule. In Nevada, you can only recover financial compensation for your injuries if you are found to be 50% or less at fault for the accident. If you are found to be 51% or more at fault, you are barred from recovering anything.

Furthermore, any percentage of fault assigned to you will reduce your final compensation. For example, if you are found to be 20% at fault for the crash, any financial award or settlement you receive will be reduced by 20%.

Insurance companies are acutely aware of this law. They will exploit the bias against riders to try to shift as much blame as possible onto you. They might argue you were lane-splitting improperly, speeding, or should have been able to avoid the collision—all in an effort to push your percentage of fault over the 50% threshold or, at the very least, to reduce the amount they have to pay. Countering these tactics requires a detailed investigation and a strong, evidence-based argument that clearly establishes the other driver’s negligence.

Dealing with the Insurance Company: High Stakes and Unfair Tactics

Because the injuries are so severe and the medical costs are so high, the financial stakes in a motorcycle accident case are enormous. A claim can easily run into the hundreds of thousands or even millions of dollars when accounting for lifetime medical care and lost earning capacity.

This reality transforms the way insurance companies handle the situation. An insurer’s primary goal is to protect its bottom line by paying out as little as possible. When faced with a potentially massive payout for a motorcycle accident, they often resort to aggressive and unfair tactics.

This isn’t just about a simple claims process; it’s about a battle against a powerful corporation that is actively working against your best interests. You may find the at-fault driver’s insurance company—or even your own insurer—engaging in the following:

  • Offering a Quick, Lowball Settlement: The adjuster may call you within days of the accident, sounding friendly and concerned. They might offer a quick check for a few thousand dollars to “help with your immediate bills.” This is a trap. They are trying to get you to settle before you know the full extent of your injuries, the long-term prognosis, or the total future costs. Accepting this offer means waiving your right to any future compensation.
  • Delaying and Denying: A common tactic is to drag out the process endlessly. They may “lose” paperwork, request duplicative information, or leave you waiting for weeks without an update. This is designed to frustrate you and wear you down, hoping you will become so desperate for money that you will accept a fraction of what your case is worth.
  • Disputing Medical Treatment: The insurer may argue that the extensive medical care you are receiving isn’t “reasonable or necessary.” They may question your doctor’s treatment plan, deny payment for a recommended surgery, or refuse to cover long-term rehabilitation, claiming your injuries aren’t as severe as you say they are.
  • Using Your Own Words Against You: Adjusters will record phone calls and ask leading questions designed to get you to say something that can be twisted to imply fault. A simple, polite apology like “I’m so sorry this happened” can be misconstrued as an admission of guilt.

When an insurance company unreasonably denies, delays, or underpays a valid claim, it may be acting in “bad faith.” This is a serious issue where the insurer is failing to uphold its legal and contractual obligations to treat you fairly.

Handling these complex insurance disputes requires a deep understanding of insurance law and the tactics these companies use to avoid paying what they rightfully owe.

Seeking Compassionate and Knowledgeable Legal Guidance

At Leverty & Associates Law, we understand the profound challenges that injured motorcyclists face in Reno, Las Vegas, and across Nevada. Our firm is built on a foundation of compassion for our clients and an unwavering commitment to holding powerful insurance companies accountable.

What truly sets us apart is our deep proficiency in insurance law. Many personal injury firms dabble in insurance cases, but for us, it is the bedrock of our practice. We know the intricate details of insurance policies, we recognize the unfair tactics adjusters use, and we have spent decades fighting back against them. This focused knowledge gives our clients a unique advantage when the stakes are at their highest.

Our team of dedicated attorneys brings more than 100 years of combined experience to your side. We have successfully recovered more than $150 million for our clients because we approach every case with meticulous attention to detail, a collaborative team spirit, and a fierce dedication to achieving justice. We know the difference between a settlement and a judgment, and we are prepared to take your case as far as necessary to secure the financial resources you need to rebuild your life.

If you have been injured in a motorcycle accident and are facing an unfair battle with an insurance company, we are here to help. We offer a free, no-obligation consultation to listen to your story and provide an accurate assessment of your case. We work on a contingency fee basis, which means you pay no attorney fees unless we win for you.

Let our Reno motorcycle accident lawyer stand in your corner. For a free, no-obligation consultation to discuss your case, please call our Reno office at (775) 322-6636.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]

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