Motorcycle Accidents in Washington State

Motorcyclists in Washington enjoy the freedom of the open road, from cruising along the Columbia River to winding through mountain passes. However, that freedom comes with risk: motorcycle riders are far more exposed and vulnerable to injury in a crash than occupants of cars or trucks.

Motorcycle accidents often result in severe injuries, and riders may face bias from insurance adjusters who unjustly blame them due to stereotypes. This section provides an overview of Washington motorcycle accident law, safety requirements (like the helmet law), practical steps after a motorcycle crash, and why Church, Page, & Gailan is the premier choice to represent injured motorcyclists in Eastern Washington.

Washington Motorcycle Laws and Rider Rights

In Washington State, motorcyclists have the same rights and responsibilities on the road as any other motor vehicle driver. RCW 46.61.755 explicitly provides that bicyclists have the same rights as drivers , and by extension, motorcyclists are treated as full-fledged vehicles too. In fact, state law mandates that motorcycles are entitled to the full use of a lane; no car should crowd or partially share a lane with a motorcycle. RCW 46.61.608(1) states that a motor vehicle shall not be driven in a manner that deprives a motorcycle of full use of a lane . This means cars must give motorcycles space and respect on the road.

On the flip side, motorcyclists must obey all traffic laws—stop at signals, yield when required, observe speed limits, etc. One key requirement is Washington’s universal helmet law. Under RCW 46.37.530, all motorcycle operators and passengers must wear a helmet that meets DOT standards, with the chin strap fastened while the bike is in motion . There are very limited exceptions (such as certain antique vehicles or enclosed three-wheelers with seatbelts), but essentially any standard motorcycle on public roads requires a helmet. Failing to wear a helmet not only risks deadly head injuries, it’s also a traffic infraction that could affect an injury claim. For example, if a rider wasn’t wearing a helmet and suffered a head injury in a crash, the defense might argue the injuries were partly the rider’s own fault for not wearing a helmet. Washington’s comparative negligence law would apply, potentially reducing the rider’s compensation by the percentage of injury attributable to not wearing a helmet. (However, if another driver caused the crash itself, that driver is still liable for the majority of damages; lack of helmet use might only affect the head injury portion of damages).

It’s important to note that lane splitting (riding between lanes of slow or stopped traffic) is not legal in Washington. Although many riders find it convenient, Washington law currently prohibits lane splitting and requires motorcycles to adhere to lanes like other vehicles . If an accident occurs while a motorcycle was lane splitting, the rider could be found at fault or comparatively negligent since they violated traffic law. By contrast, riding two-abreast in the same lane with another motorcycle is permitted (no more than two though). Riders should also be aware that carrying passengers requires an appropriate seat and foot pegs for the passenger.

Washington, like other states, requires motorcyclists to carry liability insurance now (as of July 2019, insurance is mandatory for motorcycles, whereas previously it was not). The minimum liability coverage is the same 25/50/10 limits as for cars. Having uninsured/underinsured motorist coverage is highly recommended for motorcyclists, given that many motorcycle accidents are hit-and-run or caused by drivers with minimal insurance. If you have UIM coverage, it can cover your injuries if the at-fault driver lacks enough insurance .

In a motorcycle accident injury claim, the legal standard for proving fault is negligence. You typically must show that the other driver was negligent (for example, they failed to see you and turned left across your path, or followed too closely and rear-ended you) and that this negligence caused your injuries. Common causes of motorcycle crashes in Washington include drivers failing to yield to oncoming motorcycles when turning left, drivers changing lanes without seeing a motorcycle, and excessive speeding or impairment (either by the motorcyclist or another driver). The Washington State Traffic Safety Commission has noted that a significant number of motorcycle fatalities involve speeding or alcohol on the part of the rider, but in many other accidents the fault lies with a car driver’s failure to notice the motorcycle.

It’s worth dispelling a bias: the stereotype that motorcyclists are “reckless” is not fair or accurate in the majority of cases. Nonetheless, as an injured rider, you may encounter this bias. Insurance adjusters might automatically assume you were speeding or weaving, even if you were riding safely. That’s why gathering solid evidence (skid marks, witness statements, speed calculations, etc.) is key to establish the truth of how the crash happened. Our firm is adept at overcoming bias by sticking to facts and evidence.

Steps to Take After a Motorcycle Accident

If you are involved in a motorcycle crash, taking certain steps can protect your health and your ability to recover compensation:

• Call 911: Because motorcycle crashes often result in serious injuries, call for emergency help immediately. Even if you think you’re okay, get a police officer to the scene. Adrenaline after an accident might mask pain, and injuries like internal trauma or concussions may not be immediately visible.

• Prioritize Safety at the Scene: If you’re able, move yourself out of further danger (off the roadway). However, do not remove your helmet or gear until medical professionals arrive, unless you must do so to breathe properly. Moving after a crash can risk aggravating a spinal injury, so wait for EMTs if you feel any pain in neck or back.

• Exchange Information: As with any accident, get the other driver’s name, contact, insurance details, and vehicle plate number. If you are being taken to the hospital and cannot do this, a responding officer will usually gather that info for the accident report. If there are witnesses, ask for their contact info, as their perspective could be crucial (for instance, a witness might confirm you had your headlight on and were not speeding when the car turned into you).

• Document the Scene: If your condition allows and it’s safe, take photos with your phone. Capture the positions of your bike and the car, any damage, skid marks or debris, and the surrounding area (traffic signals, intersection layout, etc.). Also photograph your motorcycle and safety gear. Damage to your helmet, jacket, etc., can visually demonstrate the force of impact that your body endured. If you are too injured to take photos, see if someone else (a companion or a witness) can do it for you.

• Seek Medical Attention Immediately: Obviously, for serious injuries this is a given as you’ll likely be taken by ambulance. If you were lucky enough to “walk away” from the crash, still go get a full medical exam as soon as possible. Motorcyclists can suffer injuries like internal bleeding or traumatic brain injury (if the impact was hard, even a helmet might not prevent a concussion) that aren’t outwardly obvious. Prompt documentation of all injuries is important for your health and for linking those injuries to the accident in an insurance claim.

• Do NOT Repair Your Bike Yet: Your motorcycle (and helmet) are evidence. Keep the bike in its post-accident state until your attorney or an expert can examine it. If you must move it from a tow yard, have it taken to a secure location. Similarly, keep your cracked helmet and any torn clothing. These can serve as evidence of the force of impact and that you were indeed wearing proper gear.

• Notify Insurance and Consider Legal Help: Report the accident to your insurance company (especially if you plan to use your MedPay or PIP coverage, if you have it, or to start a UM claim if it was a hit-and-run). But avoid giving a detailed statement to the other party’s insurer until you’ve had a chance to consult a lawyer. Motorcycle accidents can involve significant injuries and complicated liability disputes, so having an attorney early can make a big difference. An experienced lawyer can communicate with insurers on your behalf and make sure you don’t inadvertently say something that will be used against you out of context.

Additionally, keep a record of everything related to the accident: medical bills, letters from insurance, days of work missed, etc. It’s a good idea to maintain a journal of your recovery — noting pain levels, limitations, and impacts on your daily life. This can provide powerful evidence of your non-economic damages (pain and suffering) later on.

Finally, be cautious about social media. After an accident, it’s wise not to post details or photos on Facebook, Instagram, etc. Insurance companies may monitor claimants’ social media to try to contradict their injury claims. For example, a simple picture of you smiling at a family gathering (even if you’re in pain off-camera) could be misused by an insurer to imply you’re “doing fine.” It’s best to avoid posting about your injuries or activities at all until your claim is resolved.

How Compensation Works for Motorcycle Injuries

When another driver is at fault for a motorcycle accident, you can pursue damages through a personal injury claim. As discussed earlier, Washington allows recovery of both economic damages (medical costs, lost wages, property damage to your bike, etc.) and non-economic damages (pain, suffering, mental anguish, disfigurement, and so on). There is no special cap on damages just because it’s a motorcycle case.

Often, injuries to motorcyclists are severe – it’s not uncommon to see hospital bills in the hundreds of thousands of dollars for surgeries, intensive care, and rehabilitation. These cases often require detailed evidence to prove the future medical needs and long-term impact. For instance, if you suffer a spinal cord injury or a traumatic brain injury, you may need ongoing care or assistance for life. Our attorneys frequently work with medical experts to document the prognosis and with vocational experts to show how the injuries affect your ability to work and earn a living. In Washington, if a motorcycle accident leaves you permanently disabled from your occupation, you are entitled to claim loss of earning capacity in addition to lost wages to date.

Another category of damages in these cases is for scarring and disfigurement.

Unfortunately, riders often sustain road rash, burns, or orthopedic injuries that result in significant scars, limp, or loss of function in limbs. Washington juries can award for the embarrassment, inconvenience, and loss of quality of life associated with disfiguring injuries. We make sure to present these human damages fully, sometimes with “day in the life” videos or photographs, to convey what our client has gone through.

If the at-fault driver was uninsured or fled the scene (hit-and-run), a motorcyclist can turn to their own uninsured motorist (UM) coverage, if they carry it. UM coverage in Washington generally covers you as a motorist, and it typically covers you while riding a motorcycle (if the motorcycle is listed on the policy or if your policy’s terms extend to injuries while operating any vehicle, depending on specifics). It’s wise for riders to have UM/UIM coverage given how catastrophic injuries can be; we often help clients make claims on these policies when needed. Note that if you use your own UIM coverage, your insurer should treat you in good faith – if they don’t, you could have a bad faith claim or IFCA claim (Insurance Fair Conduct Act) under Washington law, but that is a separate topic.

Lastly, Washington’s three-year statute of limitations applies to motorcycle injury cases as well . If a fatality occurs, a wrongful death claim (brought by the family or estate) also generally has a three-year limit from the date of the accident. It’s best to involve a lawyer well before that deadline to allow time for investigation and negotiation. If a satisfactory settlement cannot be reached, a lawsuit should be filed within the limitation period to preserve your rights.

Why Church, Page, & Gailan is the Right Firm for Motorcycle Accident Cases

Church, Page, & Gailan understands the unique challenges that injured motorcyclists face. We have represented many riders and passengers hurt in crashes throughout Eastern Washington. Here’s why we stand out as the law firm you want in your corner after a motorcycle accident:

• Experience with Motorcycle Claims: Our attorneys are highly experienced in handling motorcycle accident cases, from mild injuries to life-altering trauma. We know the common scenarios – a driver turning left at a Yakima intersection and failing to see a biker, or a tourist not checking blind spots on I-90 near Ellensburg – and we know how to prove the driver’s fault in each situation. We have successfully obtained compensation for riders suffering everything from broken bones and road rash to spinal cord injuries. This experience means we won’t be surprised by any tactic the insurance company tries; we’ve seen them all, and we know how to counter them.

• Overcoming Bias: We are strong advocates for motorcyclists’ rights. If an insurance adjuster or defense lawyer attempts to paint our client as an “irresponsible biker” without evidence, we push back hard. We will point to your actual driving record, witness testimony, and physical evidence to demonstrate you were a safe and responsible rider. We make sure that fault is assigned based on facts, not prejudices. Our team’s professional approach and meticulous case preparation often force the other side to drop unfair biases and deal with the reality of the situation.

• Detailed Accident Investigations: In motorcycle cases, small details can make a big difference (such as whether your headlight was on, or the exact point of impact on the road). We work with accident reconstruction experts when liability is contested. We also leverage our attorney Kevin Page’s background as a former police officer who investigated accidents . Kevin’s insight helps us identify what evidence to gather and what questions to ask experts. We leave no stone unturned – from analyzing the crush damage on vehicles to downloading any available data from modern bikes’ electronic systems.

• Focus on Maximizing Compensation: As discussed, motorcycle injuries can be devastating. We don’t settle for the first offer or a quick payout; we thoroughly document all of your losses, including future costs. Church, Page, & Gailan has recovered millions of dollars for accident clients in Washington , and we bring that determination to every case. We will calculate not just your past medical bills and lost wages, but also future medical expenses, future loss of earnings, and a full measure of pain and suffering. If your injuries are permanent, we might assemble a life care plan with medical experts to outline the cost of your lifelong care. Our goal is to ensure you have financial security after a tragedy.

• Eastern Washington Local Service: As an Eastern Washington firm, we are accessible to our clients. If you’re recovering from injuries and can’t easily travel, we can come to you (whether it’s at your hospital bed or home) to discuss your case. We have offices in multiple locations for your convenience . We are also familiar with the local medical providers – from Spokane’s Level I trauma center at Sacred Heart to community hospitals – and this helps when gathering medical evidence and understanding your treatment trajectory.

• Personalized and Compassionate Representation: We truly care about our clients. We know that after a motorcycle crash, you’re dealing with pain, possibly surgeries and rehab, and maybe psychological trauma too. Our team will treat you with compassion and respect. We handle the stressful legal and insurance matters so you can focus on healing. Clients often tell us they appreciate our open communication – we keep you updated on your case and promptly return calls. And because we work on a contingency basis, you don’t need to worry about legal bills piling up; our payment comes as a percentage of the recovery, and only if we win.

At Church, Page, & Gailan, we also have a partner, Dana Gailan, who is a registered nurse . His medical knowledge is a tremendous asset in understanding complex injury cases like those common in motorcycle accidents. We can better interpret medical records, ask the right questions to your doctors, and convey the severity of your injuries to the insurance company or jury.

Lastly, we are fierce negotiators and litigators. Insurance companies know our reputation: we prepare every case for trial. If they offer a fair settlement, great – but if not, we will file suit and fight for you in court. Our willingness to go the distance often leads to better pre-trial settlements for our clients. We are not afraid to challenge big insurance companies or take on difficult cases.

Call to Action: If you or a loved one has been injured in a motorcycle accident, don’t ride through this alone – let Church, Page, & Gailan help. We are passionate about defending the rights of injured motorcyclists and getting them the compensation they deserve. Call us at 1-509-638-1414 for a free consultation about your motorcycle accident case. We’ll listen to your story, answer your questions, and explain how we can assist. There is no fee unless we win for you.

You can also visit www.churchpagegailan.com to learn more about our experience and results. The open road may be unpredictable, but choosing the right lawyer is within your control – contact Church, Page, & Gailan today, and let us fight for you.