About Motorcycle Accident Brain Injury Claims: Proving the Causes of the Crash and Injury

A motorcycle offers little or no safety protection. When a crash happens, the rider’s body and head are exposed to forces that a car occupant is largely shielded from, which is why motorcycle crashes so often cause serious traumatic brain injuries. Motor vehicle crashes are a leading cause of TBI, and for motorcyclists the risk is higher still. If you or someone you love suffered a brain injury in a motorcycle crash, this article explores the questions of who is at fault, and whether the helmet really protected the rider, and what these claims involve.

Why Motorcyclists Face a Higher Risk of Brain Injury

Part of the risk is physical exposure. A rider has none of the protective structure a car provides, so the same collision that would cause minimal damage to a car fender can cause a catastrophic head injury to a motorcyclist.

A large problem is the visibility of bikes to other drivers on the road. Because motorcycles are smaller than cars and trucks, other drivers routinely fail to see what is right in front of them, especially at intersections and when turning across traffic. Safety engineers have a name for the classic car-versus-motorcycle collision: the “looked but failed to see” crash. Research on inattentional blindness has found that drivers will look in the direction of an oncoming motorcycle, sometimes appear to look directly at it, and still pull into its path, because they are scanning for cars and their attention skips over the smaller motorcycle. Add debris, potholes, uneven pavement, and weather, and a rider has far less margin for another driver’s mistake.

Who Is at Fault in a Motorcycle Brain Injury Crash

Fault in these cases usually comes down to negligence, meaning a driver failed to use reasonable care. Drivers have a duty to maintain control of their vehicles, keep a proper lookout, and make turns and lane changes only when they can do so safely. A driver who turns left across a motorcycle’s right of way, or pulls out of a driveway into a rider’s path, has typically breached that duty. Put simply, the driver of the car is simply negligent, and responsible for all of the damages.

Responsibility does not always stop with the driver. And in TBI cases, if the insurance available to the negligent driver is minimal, it is important to consider other causes of the crash. Depending on the facts, a claim may also involve:

• A bar or restaurant that served alcohol to a visibly intoxicated or underage driver who then caused the crash, under what are called dram shop rules.
• A vehicle owner who lets an unfit or unlicensed person drive under negligent entrustment.
• A government entity that is responsible for a dangerously designed road, a defective traffic control, or a hazardous roadway condition.
• A manufacturer if a defective tire, or a defect in the motorcycle itself contributed to the crash or the injury.

Sorting out who is responsible is the reason a thorough, independent investigation matters, especially when the rider cannot remember the crash because of the injury.

The Helmet Question

Riders often assume that if they were not wearing a helmet, they have no case. That is not how it works, though helmet use does matter.

Helmets are highly effective at reducing harm. According to the National Highway Traffic Safety Administration, helmets are about 37 percent effective at preventing death for motorcycle riders and about 67 percent effective at preventing brain injury, and unhelmeted riders are roughly three times more likely to suffer a traumatic brain injury than helmeted riders. Those numbers are why helmet laws exist in some, but not all, states, and why safety advocates support them.

For a legal claim, the key point is that fault for the crash and the effect of helmet use are two separate questions. Another driver who violated your right of way is still responsible for causing the crash. Whether helmet use affects your recovery depends on the state and its rules on comparative negligence and helmet requirements. The key point for an injured rider is simple: do not assume you have no claim because of a helmet.

When the Vehicle or the Road Was Also Defective

Not every serious injury is caused by driver error alone. Manufacturers must design vehicles and components that are reasonably safe, and a defect can cause a crash or make an injury worse. A tire that separates at highway speed can cause a loss of control. A poorly designed roadway or a missing safety feature can turn a survivable situation into a catastrophic one. Even in a single-vehicle crash with no other driver involved, a defect or a dangerous road condition may mean someone other than the motorcyclist is legally responsible for the damages. Preserving the motorcycle, the gear, and the scene evidence early is often what makes these claims provable.

What a Motorcycle Brain Injury Claim Recovers

The value of a motorcycle brain injury claim is determined by the degree of the TBI claim as well as the other injuries, from the severity and permanence of the total injuries, the estimated lifetime cost of care, and the income the rider can no longer earn (past, present and future) along with non-economic harm such as pain, suffering, and the loss of life’s pleasures. Brain injuries can end careers, friendships, and affect family relationships. Documenting that full picture, rather than accepting an early offer, is central to a fair recovery. For a deeper explanation, see our guide on how brain injury claims are valued.

What to Do After a Motorcycle Crash

1. Get medical care immediately and follow up. Some brain injury symptoms appear or worsen in the days after a crash, so early and continued evaluation protects both your health and your claim.
2. Preserve the motorcycle and your gear. Do not repair or discard the bike or helmet. They can be critical evidence of how the crash and injury happened.
3. Document the scene and witnesses. Photographs, names, and contact information can disappear quickly.
4. Be careful what you say to insurers. Adjusters may focus on shifting blame to the rider. You are not required to give a recorded statement before getting advice.
5. Consult an experienced attorney promptly. An independent investigation and the statute of limitations both favor moving early.

How Cohen, Placitella, Roth & Goslee Investigates These Cases

Police investigate whether to issue a traffic citation, not whether you have a civil claim, and their report is only a starting point. Our firm reconstructs how the crash actually happened, using accident-reconstruction and human factors engineers, scene and vehicle evidence, and witness testimony, so that a “the rider came out of nowhere” narrative can be tested against the physical facts. That work is expensive, and we advance those costs, seeking reimbursement only if there is a recovery.

Talk to Cohen, Placitella, Roth & Goslee About a Motorcycle Brain Injury

You do not have to sort out fault or fight the insurance company on your own. Contact Cohen, Placitella, Roth & Goslee for a free consultation. Call us at (888) 324-7683 or contact us online. We work on a contingency fee basis. You pay nothing unless we recover compensation for you.

Attorney Advertising. Prior results do not guarantee a similar outcome. This article is for informational purposes only and does not constitute legal or medical advice. Motor vehicle, helmet, and personal injury laws vary by state. If you or a loved one suffered a brain injury in a motorcycle crash, consult a qualified attorney about your specific situation. Cohen, Placitella, Roth & Goslee, P.C. is licensed to practice in New Jersey, Pennsylvania, and other jurisdictions, and represents clients nationwide with qualified co-counsel.