Motorcycle and Bicycle Accident Demand Letters

Comprehensive Guide for Vulnerable Road User Injury Claims

Why Motorcycle and Bicycle Accidents Are Different

Motorcycle and bicycle accidents present unique challenges that distinguish them from standard car accident claims. Riders are far more vulnerable to serious injury due to the lack of protective barriers, and they often face implicit bias from adjusters, jurors, and even investigating officers who stereotype motorcyclists as "reckless" or bicyclists as "not belonging on the road."

Critical Understanding: Motorcyclists and bicyclists are 25-30 times more likely to suffer fatal injuries per mile traveled compared to occupants of passenger vehicles. This vulnerability drives higher settlement values but also invites unfair scrutiny of the rider's conduct.

Key factors that make these cases different:

Severity of injuries: No protective steel cage or airbags means catastrophic injuries (road rash, fractures, traumatic brain injury, spinal cord injury) are common even in "minor" collisions
Implicit bias: Insurance adjusters and juries often assume motorcyclists are "risk-takers" or bicyclists "don't belong on the road," requiring aggressive rebuttal of these stereotypes
Comparative fault attacks: Defendants routinely blame riders for "lane splitting," "weaving," or "not being visible," even when the driver violated a clear duty
Property damage to vehicle and gear: Unlike car accidents, motorcycle and bicycle crashes often result in total loss of the vehicle plus expensive riding gear (helmets, leathers, protective equipment)
Witness reliability: Drivers frequently claim they "didn't see" the rider—this is not a defense but rather evidence of negligent failure to maintain a proper lookout

Strategic Framework: Your demand letter must affirmatively address and rebut the bias against motorcyclists and bicyclists. Lead with the driver's negligence, emphasize the rider's legal right to the roadway, and present evidence of careful, lawful riding.

Overcoming Bias Against Motorcyclists and Bicyclists

Insurance adjusters and defense attorneys know that juries are often biased against motorcyclists (perceived as "dangerous") and bicyclists (perceived as "obstacles"). Your demand letter must confront this bias head-on by presenting your client as a responsible, lawful road user whose injury was caused solely by the driver's negligence.

Common stereotypes and how to rebut them:

Stereotype	Defense Response
Motorcyclists are reckless and speed	Present evidence of lawful speed (GPS data, witness statements, crash reconstruction). Emphasize clean driving record, motorcycle safety course completion, years of experience without incidents.
Bicyclists don't belong on the road	Cite state vehicle code explicitly granting bicyclists equal road rights. Note that the driver violated the duty to share the road and maintain safe passing distance (typically 3 feet).
Rider was "hard to see"	Argue this is evidence of driver negligence (failure to maintain proper lookout). Present evidence that rider was wearing bright/reflective gear, had lights on, was in a marked lane. "I didn't see them" is an admission of fault, not a defense.
Rider was weaving or lane splitting	If legal in your state (e.g., California), emphasize legality of lane filtering. If illegal, challenge the evidence and show the driver's conduct was the proximate cause regardless.
Rider wasn't wearing a helmet (bicycle)	In most states, helmet use is not required for adult bicyclists and is not relevant to liability. If it's raised for damages, argue helmet would not have prevented the injuries sustained or reduced their severity.

Demand Letter Strategy: Devote a section of your demand to "Rebutting Common Misconceptions." Acknowledge that motorcyclists and bicyclists are often unfairly stereotyped, then systematically dismantle each stereotype with evidence. This signals that you are prepared to address bias at trial.

Legal Rights of Motorcyclists and Bicyclists

Motorcycles and bicycles are legally recognized vehicles in all 50 states, and their riders have the same rights and responsibilities as drivers of cars and trucks. Your demand letter should affirmatively state these legal principles to counter any suggestion that your client "shouldn't have been there" or "was taking a risk."

Equal Road Rights

Motorcycles and bicycles are vehicles under state law and have the right to use public roadways. Drivers must share the road and treat them with the same care as other vehicles.

Lane Use Rights

Motorcyclists and bicyclists have the right to a full lane and are not required to ride on the shoulder or far right except where specifically required by statute.

Safe Passing Laws

Most states require drivers to pass bicyclists with at least 3 feet of clearance. Violation of safe passing laws is negligence per se and establishes liability.

Right of Way

When a motorcyclist or bicyclist has the right of way (e.g., proceeding straight through an intersection), drivers must yield. Failure to yield is a traffic violation and strong evidence of liability.

Cite Your State's Vehicle Code: Include specific statutory citations in your demand letter to establish that your client had a legal right to be where they were and that the driver violated a specific duty. For example: "Under [State] Vehicle Code § [XXX], bicycles are vehicles entitled to full use of the roadway. Defendant violated this statute by failing to yield the right of way."

Common Motorcycle and Bicycle Accident Scenarios

Most motorcycle and bicycle accidents follow predictable patterns involving driver inattention, failure to yield, or unsafe passing. Understanding these scenarios will help you build a stronger demand letter and anticipate defense arguments.

Pattern Recognition: Insurance adjusters see these scenarios repeatedly. By demonstrating that your case fits a well-established liability pattern, you increase the likelihood of a favorable settlement without litigation.

Left-Turn Collisions: The #1 Motorcycle/Bicycle Accident

The most common motorcycle and bicycle accident scenario is a driver turning left in front of an oncoming rider who has the right of way. This is often called a "SMIDSY" accident—"Sorry, mate, I didn't see you." The driver's failure to see the rider is not a defense; it is evidence of negligence.

How these accidents happen:

Driver Prepares to Turn Left: Driver is stopped at an intersection or in a left-turn lane, waiting for oncoming traffic to clear.
Rider Approaches with Right of Way: Motorcyclist or bicyclist is proceeding straight through the intersection with a green light or right of way.
Driver Turns Without Yielding: Driver misjudges the rider's speed or distance, or simply fails to see the rider, and turns left directly into the rider's path.
Impact and Injury: Rider collides with the side of the turning vehicle, often at high speed, resulting in severe injuries or death.

Why Drivers Don't See Riders: Studies show drivers are conditioned to look for cars and often suffer from "inattentional blindness" when it comes to smaller vehicles. However, this is not a legal defense—drivers have a duty to maintain a proper lookout for all vehicles, including motorcycles and bicycles.

Building liability in left-turn cases:

Cite the vehicle code section requiring left-turning drivers to yield to oncoming traffic
Obtain the police report—if the driver was cited for failure to yield, this is strong evidence
Present witness statements confirming the rider had the green light or right of way
Use crash reconstruction to show the rider was visible and within a safe distance
Emphasize that "I didn't see them" is an admission of negligent lookout, not a defense
If the driver claims they "looked but didn't see," argue this proves they failed to maintain an adequate lookout

Settlement Leverage: Left-turn collisions are among the easiest to win at trial because liability is clear. Use this fact in your demand to pressure the insurer to settle. Courts and juries consistently find left-turning drivers 100% at fault in these scenarios.

Dooring Accidents: Bicycle-Specific Hazard

"Dooring" occurs when a parked driver or passenger opens a car door into the path of an oncoming bicyclist, causing the cyclist to collide with the door or swerve into traffic. Dooring is a leading cause of urban bicycle accidents and is almost always the fault of the person who opened the door.

Legal duty: Most states impose a statutory duty on drivers and passengers to check for oncoming traffic before opening doors. Violating this duty is negligence per se and establishes liability.

Direct Door Impact

Cyclist rides in bike lane or near parked cars. Driver/passenger opens door without looking. Cyclist collides with door, suffering road rash, fractures, head injury.

Swerve into Traffic

Cyclist sees door opening and swerves to avoid it, but is struck by a passing vehicle. Both the person who opened the door AND the passing driver may be liable.

Passenger Liability

If a passenger (Uber/Lyft rider, taxi passenger) opens the door and causes the accident, both the passenger AND the driver/company may be liable for failing to warn or control the passenger.

Secondary Collision

Cyclist is thrown from bike after door impact and is then struck by another vehicle. The person who opened the door is liable for all resulting injuries, including those caused by the secondary collision.

Evidence in Dooring Cases: Obtain photos of the door, bike lane markings, parked car position, and any surveillance or dashcam video. Interview witnesses who saw the door open. Cite the specific vehicle code section requiring the driver/passenger to check for oncoming traffic before opening doors.

Right-Hook Collisions: Turning Across the Rider's Path

A "right hook" occurs when a driver turns right in front of a motorcyclist or bicyclist who is proceeding straight (or passing on the right). This is common when the driver overtakes the rider, then immediately turns right without checking their mirror or blind spot.

How right-hook accidents happen:

Driver passes or drives alongside a motorcyclist/bicyclist
Driver approaches a right turn or driveway entrance
Driver turns right without checking mirrors or signaling, cutting across the rider's path
Rider collides with the side or rear of the turning vehicle, or is forced off the road

Liability Analysis: Right-hook collisions establish clear liability because the driver has a duty to check mirrors and blind spots before turning. If the driver passed the rider moments before turning, this demonstrates particularly egregious negligence—the driver knew the rider was there.

Special issues in right-hook cases:

Bicycle lanes: If the rider was in a marked bike lane, the driver's duty to check for bicyclists is even clearer
Failure to signal: If the driver did not signal the turn, this is additional evidence of negligence
Comparative fault defense: Driver may claim the rider was "passing on the right" or "undertaking." Rebut by showing the rider was in a bike lane or had a right to proceed straight
Blind spot argument: Driver may claim the rider was in their blind spot. This is not a defense—drivers have a duty to check blind spots before turning

Rear-End and Unsafe Following Distance

Motorcycles and bicycles are rear-ended when drivers follow too closely or fail to notice the rider slowing or stopping. Rear-end collisions are particularly dangerous for riders because they have no rear bumper or crumple zone to absorb the impact.

Scenario	Liability Analysis
Rider stops for traffic signal or pedestrian	Driver behind fails to stop in time and rear-ends the rider. Clear liability—driver violated duty to maintain safe following distance.
Rider slows for hazard or pothole	Driver is following too closely and cannot stop when rider slows. Liability on driver for tailgating.
Driver distracted (texting, eating, etc.)	Driver fails to notice rider has stopped. Strong negligence claim—obtain phone records if possible.
Low visibility conditions (fog, rain)	Driver claims they couldn't see the rider in time. Not a defense—drivers must reduce speed and increase following distance in poor visibility.

Presumption of Fault: In most states, the rear driver is presumed at fault in rear-end collisions. This presumption applies equally to motorcycle and bicycle accidents. Demand that the insurer rebut this presumption with specific evidence—mere speculation is insufficient.

Unsafe Lane Changes and Merging

Drivers who change lanes without checking blind spots or mirrors frequently collide with motorcyclists and bicyclists. These accidents often occur on highways, multi-lane roads, or when traffic is merging.

Common unsafe lane change scenarios:

Driver merges onto highway and fails to see motorcyclist in adjacent lane
Driver changes lanes to pass slower traffic, sideswipes motorcyclist in blind spot
Driver drifts into bike lane or shoulder while distracted (texting, adjusting controls)
Driver makes sudden lane change to catch an exit, cutting off motorcyclist

Defense Argument: Drivers often claim the rider was "in my blind spot" or "came out of nowhere." Rebut by showing the rider was visible for several seconds before the lane change, that the driver failed to signal or check mirrors, and that the blind spot excuse is not a legal defense—drivers must check blind spots before changing lanes.

Establishing Driver Negligence in Motorcycle and Bicycle Accidents

The foundation of your demand letter is proving that the driver breached a duty of care owed to your client and that this breach caused the collision and injuries. In motorcycle and bicycle cases, this typically involves showing that the driver violated a traffic law, failed to maintain a proper lookout, or drove carelessly given the presence of a vulnerable road user.

Elements of negligence in motorcycle/bicycle cases:

Duty: All drivers owe a duty of reasonable care to other road users, including motorcyclists and bicyclists. This duty includes obeying traffic laws, maintaining a proper lookout, and exercising heightened caution around vulnerable road users.
Breach: The driver breached this duty by violating a traffic law (failure to yield, unsafe lane change, following too closely), failing to see the rider, or driving carelessly (speeding, distracted driving, aggressive driving).
Causation: The driver's breach directly caused the collision. Show that but for the driver's negligence, the accident would not have occurred.
Damages: Your client suffered physical, emotional, and economic harm as a direct result of the collision.

Negligence Per Se: If the driver violated a traffic statute (failure to yield, unsafe lane change, following too closely, dooring), this establishes negligence per se in most states. You do not need to prove the driver was "unreasonable"—the violation itself establishes breach of duty.

Common Traffic Violations in Motorcycle/Bicycle Accidents

Traffic citations issued to the driver are powerful evidence of liability. Even if no citation was issued, you can argue the driver violated a statute and is liable under the doctrine of negligence per se.

Violation	Typical Statute	How It Establishes Liability
Failure to Yield Right of Way	Vehicle Code § [varies by state]	Driver turned left or entered intersection without yielding to oncoming motorcyclist/bicyclist. Violation establishes breach of duty.
Unsafe Lane Change	Vehicle Code § [varies by state]	Driver changed lanes without signaling or checking mirrors, striking or forcing rider off road. Establishes failure to exercise due care.
Following Too Closely	Vehicle Code § [varies by state]	Driver rear-ended rider or was unable to stop safely. Establishes breach of duty to maintain safe following distance.
Unsafe Passing / Three-Foot Rule	Vehicle Code § [varies by state]	Driver passed bicyclist with less than 3 feet of clearance or without changing lanes. Violation of safe passing statute.
Opening Door into Traffic	Vehicle Code § [varies by state]	Driver/passenger opened door without checking for oncoming bicyclist. Statutory violation establishing negligence per se.
Distracted Driving	Vehicle Code § [varies by state]	Driver was using phone, texting, or otherwise distracted at time of collision. Strong evidence of negligence.

Demand Letter Strategy: Cite the specific vehicle code section violated and explain how the violation caused the collision. If the driver was cited, attach a copy of the citation or police report. If no citation was issued, argue that the evidence shows a violation occurred and negligence per se applies.

Rebutting Comparative Fault Arguments

Insurers routinely attempt to shift blame to motorcyclists and bicyclists by arguing comparative fault—that the rider's own conduct contributed to the collision. These arguments are often meritless and designed to reduce settlement value. Your demand letter must anticipate and rebut these arguments.

Common comparative fault arguments and rebuttals:

Argument: Rider Was Speeding

Rebuttal: Present GPS data, witness statements, or crash reconstruction showing rider was at or below speed limit. Even if rider was speeding slightly, driver's failure to yield or maintain lookout was the proximate cause.

Argument: Rider Was in Blind Spot

Rebuttal: Drivers have a duty to check blind spots before changing lanes or turning. "I didn't see them" is evidence of negligence, not a defense. Rider had a right to occupy the lane.

Argument: Rider Wasn't Wearing Helmet (Bicycle)

Rebuttal: Helmet use is not required for adult cyclists in most states and is irrelevant to liability. For damages, argue the injuries sustained would not have been prevented by a helmet (leg fracture, road rash, etc.).

Argument: Rider Was Lane Splitting

Rebuttal: Lane splitting is legal in California and some other states. If illegal in your state, argue it did not contribute to the collision—driver's conduct was the proximate cause.

Burden of Proof: In comparative negligence states, the defendant bears the burden of proving the plaintiff's comparative fault. Do not simply deny comparative fault—demand that the insurer produce specific evidence. Speculation and unfounded assumptions are insufficient.

The "I Didn't See Them" Defense: Admission of Negligence

The most common defense in motorcycle and bicycle cases is the driver's claim that they "didn't see" the rider. This is not a legal defense—it is an admission that the driver failed to maintain a proper lookout, which is itself negligence.

Why "I didn't see them" establishes liability:

Drivers have a duty to maintain a proper lookout for all vehicles, including motorcycles and bicycles
Failure to see a vehicle that is present and visible is evidence of breach of this duty
Courts consistently hold that "failure to see what should have been seen" is negligence
The duty to see includes checking mirrors, blind spots, and maintaining attention to the roadway

Demand Letter Language: "Defendant's statement that he 'didn't see' my client is not a defense but an admission of negligence. Drivers have a duty to see what is there to be seen. My client was operating lawfully in a marked lane with lights on and was visible to any driver exercising reasonable care. Defendant's failure to see my client establishes breach of the duty to maintain a proper lookout."

Case Law: Cite your state's case law establishing that failure to see what is visible constitutes negligence. For example, many courts have held: "A driver who looks but fails to see what is plainly visible is as negligent as one who fails to look at all."

Severe Injury Patterns in Motorcycle and Bicycle Accidents

Motorcycle and bicycle accidents result in disproportionately severe injuries compared to car accidents because riders lack the protective barriers (steel frame, airbags, crumple zones) that shield car occupants. Even "minor" collisions can result in catastrophic injuries, and your demand letter must vividly convey the severity and permanence of your client's harm.

Injury Statistics: According to NHTSA, motorcyclists are 29 times more likely to die in a crash than car occupants per mile traveled. Bicyclists face similar disproportionate risks. This vulnerability justifies higher settlement values for similar collision dynamics.

Most common catastrophic injuries:

Injury Type	Mechanism	Long-Term Impact
Road Rash (Friction Burns)	Rider's body slides across pavement after ejection from bike, tearing away skin and subcutaneous tissue.	Permanent scarring, disfigurement, skin grafts required, infection risk, chronic pain. Can require multiple reconstructive surgeries.
Traumatic Brain Injury (TBI)	Head impact with pavement, vehicle, or object despite helmet use. Concussion or more severe brain trauma.	Cognitive impairment, memory loss, personality changes, chronic headaches, inability to work, lifelong disability in severe cases.
Spinal Cord Injury	Impact to back or neck, vertebral fracture, compression of spinal cord.	Paralysis (paraplegia or quadriplegia), loss of sensation, bowel/bladder dysfunction, lifetime medical care required.
Fractures and Orthopedic Injuries	Legs, arms, pelvis, ribs fractured in collision or when thrown from bike. Often multiple fractures.	Multiple surgeries, hardware implantation, chronic pain, limited mobility, arthritis, inability to return to physical work.
Loss of Limb (Amputation)	Severe trauma to limb requiring surgical amputation, or limb severed in collision.	Permanent disability, prosthetic limb required, inability to perform many activities of daily living, profound psychological impact.
Internal Injuries and Organ Damage	Blunt force trauma to abdomen or chest, causing damage to liver, spleen, kidneys, lungs.	Emergency surgery required, prolonged hospitalization, risk of infection or internal bleeding, potential for chronic organ dysfunction.

Road Rash: The Signature Motorcycle/Bicycle Injury

Road rash is the term for severe friction burns that occur when a rider's skin comes into contact with the pavement during a slide. Despite the colloquial term, road rash is not a minor injury—it can be excruciatingly painful, require skin grafts and reconstructive surgery, and leave permanent scarring and disfigurement.

Degrees of road rash severity:

First-Degree Road Rash (Superficial): Redness, minor abrasions, top layer of skin affected. Heals within 1-2 weeks with minimal scarring. Painful but not usually requiring extensive medical treatment.
Second-Degree Road Rash (Partial Thickness): Skin is broken, bleeding, possible exposure of subcutaneous tissue. Requires wound cleaning, debridement, bandaging. Healing takes 3-6 weeks, moderate scarring likely. Risk of infection.
Third-Degree Road Rash (Full Thickness): All layers of skin destroyed, exposure of muscle, fat, or bone. Severe pain, heavy bleeding, high infection risk. Requires hospitalization, surgical debridement, skin grafts. Permanent disfigurement and scarring. Long-term physical therapy and reconstructive surgeries may be needed.

Demand Letter Emphasis: Do not downplay road rash as a "scrape." Describe the injury in medical terms: "full-thickness abrasion requiring surgical debridement and split-thickness skin graft," "permanent scarring and disfigurement of left arm and shoulder," "ongoing need for scar revision surgeries." Include graphic photos if appropriate.

Economic Damages for Road Rash: Road rash can result in significant medical expenses: emergency room treatment, hospitalization, surgical debridement, skin grafts, wound care supplies, pain medication, physical therapy, scar revision surgeries. Document all of these costs in your demand.

Traumatic Brain Injury in Motorcycle and Bicycle Crashes

Traumatic brain injury (TBI) is a leading cause of death and disability in motorcycle and bicycle accidents. Even riders wearing helmets can suffer TBI due to the forces involved in high-speed collisions. TBI can range from mild concussion to severe brain damage requiring lifelong care.

Types and severity of TBI:

Mild TBI (Concussion): Temporary loss of consciousness or confusion, headaches, memory problems, sensitivity to light/noise. Most recover within weeks to months, but some experience persistent symptoms (post-concussion syndrome).
Moderate TBI: Loss of consciousness for minutes to hours, skull fracture, bleeding in or around brain. Requires hospitalization and monitoring. Long-term cognitive and behavioral impairments common.
Severe TBI: Prolonged unconsciousness or coma, diffuse brain damage, disability. Requires intensive rehabilitation and may result in permanent cognitive, physical, and emotional impairment.

Proving TBI Damages: Obtain neuropsychological testing to document cognitive deficits, memory impairment, and processing speed issues. This testing provides objective evidence of injury and supports large pain and suffering and future care awards. Also document impact on employment—many TBI victims cannot return to cognitively demanding jobs.

Long-term effects of TBI that drive damages:

Permanent cognitive impairment (memory, attention, executive function)
Personality and behavioral changes (irritability, depression, impulsivity)
Chronic headaches and migraines
Loss of earning capacity and inability to work in prior occupation
Need for lifelong medical care, therapy, and medications
Increased risk of dementia and Alzheimer's disease later in life

Property Damage: Motorcycle, Bicycle, and Gear

Unlike car accidents, where property damage is typically limited to the vehicle, motorcycle and bicycle accidents often result in total loss of the vehicle PLUS expensive riding gear (helmet, leathers, boots, gloves, protective armor). These property damages should be included in your demand.

Item	Typical Cost	Documentation
Motorcycle (total loss)	$5,000 - $30,000+	Pre-accident photos, purchase receipts, Kelley Blue Book valuation, repair estimate showing total loss
Bicycle (high-end road/mountain bike)	$1,000 - $10,000+	Purchase receipt, photos, manufacturer specs, repair shop estimate showing total loss
Helmet	$150 - $800	Receipt, photos of damage. Note: Any helmet involved in a crash must be replaced even if it appears undamaged.
Riding jacket/leathers	$300 - $1,500	Receipt, photos showing torn or abraded material
Gloves, boots, pants	$100 - $600 per item	Receipts, photos of damage
Phone, GPS, accessories	$500 - $1,500	Receipts, photos showing damage, replacement cost

Demand Strategy for Property Damage: Do not accept lowball offers based on depreciated value. Demand replacement cost for all gear (new helmet, new jacket, etc.) because used safety gear is not acceptable. For custom or modified motorcycles, provide documentation of all modifications and upgrades when calculating total loss value.

Building a Motorcycle or Bicycle Accident Demand Letter

A demand letter for a motorcycle or bicycle accident must overcome implicit bias, establish clear driver negligence, document severe injuries, and present a compelling damages narrative. Because adjusters and juries often harbor stereotypes about riders, your letter must be more detailed and persuasive than a standard car accident demand.

Core structure of your demand letter:

Introduction and Representation: Identify yourself, your client, the date of the accident, and state that you represent your client in seeking compensation for injuries caused by the defendant's negligence.
Factual Summary: Describe the accident in vivid detail, emphasizing your client's lawful conduct and the driver's negligence. Use active voice and place the driver's actions in the spotlight: "Defendant turned left without yielding..." not "The accident occurred when..."
Liability and Legal Framework: Establish the driver's negligence, cite violated statutes, and rebut any anticipated comparative fault arguments. Devote a section to "Rebutting Common Misconceptions About Motorcyclists/Bicyclists."
Injuries and Medical Treatment: Provide a detailed narrative of your client's injuries, treatment, surgeries, ongoing care needs, and permanence of harm. Use medical terminology and attach supporting documentation.
Economic Damages: Itemize past and future medical expenses, lost wages, loss of earning capacity, property damage (vehicle and gear), and other financial losses.
Non-Economic Damages: Describe your client's pain and suffering, emotional distress, loss of enjoyment of life, permanent scarring/disfigurement, and impact on relationships and quality of life.
Settlement Demand and Deadline: State your demand amount, justify it with comparable verdicts and settlements, and give a deadline for response (typically 30 days).

Tone and Presentation: Your demand letter should be professional but forceful. Signal that you are prepared to litigate if necessary, that you understand the biases your client faces, and that you have strong evidence to overcome them. Include high-quality photos, medical records, accident reconstruction if available, and expert opinions.

Addressing Bias in Your Demand Letter

One of the most important sections of your motorcycle or bicycle demand letter is the explicit discussion of bias and stereotypes. By addressing this issue head-on, you signal to the adjuster that you are aware of the defense strategies and prepared to counter them at trial.

Sample "Rebutting Common Misconceptions" Section

Rebutting Common Misconceptions About Motorcyclists

Insurance adjusters and juries often harbor implicit biases against motorcyclists, stereotyping them as reckless or risk-taking individuals. These stereotypes are not supported by evidence and have no bearing on liability in this case. The facts show that my client:

Was operating lawfully within the speed limit with all lights functioning
Has a clean driving record with no citations or accidents in 15 years of riding
Completed a Motorcycle Safety Foundation (MSF) advanced rider course
Was wearing full protective gear (DOT-approved helmet, reflective jacket, gloves)
Did nothing to provoke or contribute to this collision

Any attempt to blame my client for this accident based on outdated stereotypes will be vigorously challenged at trial. The evidence will show that Defendant's negligent left turn—in violation of [State] Vehicle Code § [XXX]—was the sole cause of this collision.

Why This Works: By explicitly naming the bias and rebutting it with facts, you make it harder for the adjuster to rely on implicit stereotypes when evaluating the claim. You also signal that you will make this argument to a jury if necessary, which increases settlement pressure.

Damages Calculation and Justification

Motorcycle and bicycle accident claims typically involve higher non-economic damages (pain and suffering) relative to economic damages because the injuries are so severe. Your demand letter should justify your damages calculation using a combination of economic harm, permanence of injury, and comparable verdicts.

Components of your damages calculation:

Past Medical Expenses: Emergency room, hospitalization, surgeries, medications, physical therapy, all documented with bills
Future Medical Expenses: Additional surgeries (scar revision, orthopedic procedures), ongoing physical therapy, pain management, mental health treatment
Lost Wages: Time missed from work due to injury, medical appointments, recovery. Documented with employer letters and pay stubs.
Loss of Earning Capacity: If permanent injuries prevent return to prior occupation or reduce earning potential. Supported by vocational expert opinion.
Property Damage: Motorcycle/bicycle total loss, riding gear, helmet, accessories. Documented with receipts and estimates.
Pain and Suffering: Physical pain from injuries, emotional distress, loss of enjoyment of life, permanent scarring/disfigurement. Typically 3-5x economic damages for severe injuries.

Multiplier Method: For catastrophic injuries (TBI, spinal cord injury, amputation, severe road rash with permanent scarring), pain and suffering awards can be 5-10x economic damages or higher. Justify your multiplier by citing comparable jury verdicts and emphasizing the permanence and severity of harm.

Sample Damages Summary

Total Economic Damages: $287,500

Past medical expenses: $185,000 (ER, hospitalization, 3 surgeries, PT)
Future medical expenses: $75,000 (additional scar revision, ongoing PT)
Lost wages: $15,000 (3 months off work)
Property damage: $12,500 (motorcycle total loss, gear, helmet)

Non-Economic Damages: $1,000,000

Severe, permanent road rash scarring on arms, legs, and back
Chronic pain requiring ongoing pain management
Inability to return to prior physical occupation (construction worker)
Loss of enjoyment of life (cannot participate in motorcycle riding, sports)
Emotional distress and PTSD from collision

Total Demand: $1,287,500

Supporting Evidence to Include with Your Demand

A strong demand letter is supported by comprehensive documentation that proves liability and damages. Attach or reference the following evidence:

Police report (if driver was cited, this is critical evidence)
Photos of accident scene, vehicle damage, road conditions, traffic controls
Photos of your client's injuries (acute phase and healed scars)
All medical records, bills, and prescription receipts
Employer letter documenting lost wages and inability to return to work
Vocational expert report on loss of earning capacity
Economic expert report on future medical costs
Receipts for motorcycle/bicycle and riding gear
Witness statements supporting your client's account
Video or surveillance footage of the collision (if available)
Accident reconstruction report (for disputed liability cases)
Your client's personal statement describing impact on life

Presentation Matters: Organize your supporting evidence with tabs or an index for easy reference. High-quality color photos of injuries and accident scene are particularly effective. If you have video footage, include stills in the demand letter and offer to provide the full video upon request.

Professional Legal Representation for Motorcycle and Bicycle Accidents

If you or a loved one has been injured in a motorcycle or bicycle accident, I can help you navigate the complex claims process, overcome bias from insurers, and maximize your compensation. I represent motorcyclists and bicyclists throughout [State/Region] in claims against negligent drivers and their insurance companies.

What I handle:

Left-turn collisions and failure to yield accidents
Dooring accidents and unsafe passing incidents
Right-hook collisions and lane change accidents
Rear-end collisions and distracted driving crashes
Severe injuries: road rash, TBI, spinal cord injury, fractures, amputations
Wrongful death claims for fatal motorcycle and bicycle accidents
Property damage claims for total loss motorcycles/bicycles and riding gear
Uninsured/underinsured motorist (UM/UIM) claims

Why Motorcycle/Bicycle Cases Require Specialized Representation: These cases present unique challenges—overcoming bias, proving severe injuries are proportionate to low-speed collisions, and establishing that "I didn't see them" is negligence, not a defense. I understand these challenges and know how to build compelling demand letters and trial presentations that overcome them.

How I Maximize Recovery for Injured Riders

My approach to motorcycle and bicycle accident claims is aggressive, evidence-driven, and focused on overcoming the biases that insurers and juries harbor against riders. I treat every case as if it will go to trial, which means building a comprehensive file from day one.

Immediate Investigation: I visit the accident scene, photograph road conditions and sightlines, interview witnesses, and obtain police reports and surveillance footage. Early investigation is critical before evidence disappears.
Comprehensive Medical Documentation: I work with treating physicians, orthopedic surgeons, neurologists, and plastic surgeons to document the full extent of your injuries and future medical needs. I obtain expert opinions to support claims for future surgeries, pain management, and scar revision.
Addressing Bias Proactively: I include a dedicated section in every demand letter that addresses and rebuts common stereotypes about motorcyclists and bicyclists. I present evidence of your lawful conduct, safety gear, training, and clean driving record.
Proving Driver Negligence: I identify all traffic violations, obtain crash reconstruction analysis if needed, and present evidence that the driver's "I didn't see them" excuse is an admission of negligence, not a defense.
Maximizing Damages: I calculate future medical costs, loss of earning capacity, and pain and suffering based on the permanence and severity of your injuries. I cite comparable jury verdicts to justify high demands and create settlement pressure.
Litigation When Necessary: If the insurer refuses a reasonable settlement, I file suit and take the case through discovery, depositions, and trial. I have experience presenting motorcycle and bicycle cases to juries and overcoming bias at trial.

Schedule a Consultation

If you've been injured in a motorcycle or bicycle accident, contact me for a paid consultation. I'll review your case, explain your rights, and give you a realistic assessment of what your claim is worth.

Frequently Asked Questions

Insurers and juries sometimes harbor bias against motorcyclists, but this can be overcome with strong evidence of your lawful conduct and the driver's negligence. I address this bias proactively in every case by presenting evidence of your training, safety gear, clean record, and the driver's violation of traffic laws.

No. "I didn't see them" is an admission of negligence, not a defense. Drivers have a duty to maintain a proper lookout for all vehicles, including motorcycles and bicycles. Failure to see what is visible establishes breach of this duty.

In most states, helmet use is not required for adult cyclists and is not relevant to liability. For damages, if your injuries would not have been prevented by a helmet (road rash, broken bones, internal injuries), helmet non-use should have no impact on your recovery.

The value depends on the severity of your injuries, permanence of scarring or disability, medical expenses, lost wages, and impact on your life. Minor injuries with full recovery settle for $20,000-$75,000. Severe road rash with permanent scarring settles for $100,000-$500,000. Catastrophic injuries (TBI, spinal cord injury, amputation) can exceed $1,000,000.

Yes. You can recover the fair market value of your motorcycle or bicycle (or replacement cost if higher), plus the cost of replacing all damaged riding gear (helmet, jacket, gloves, boots, etc.). Any helmet involved in a crash must be replaced even if it appears undamaged.

If your damages exceed the driver's policy limits, you may be able to recover additional compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. If you don't have UM/UIM coverage, you may be able to pursue the driver's personal assets, though this is often not practical if the driver has limited assets.