Motorcycle Crash Claims

Why the jurisdiction matters so much for riders

D.C., Maryland, and Virginia are among the few places in the country that still use contributory negligence, the rule that a plaintiff whose own negligence contributed to the injury can be barred from recovering anything. For a motorcyclist, that rule is the insurer's main weapon. Adjusters know that jurors may assume a rider was speeding or weaving, and they use that assumption to argue any fault at all.

D.C. changed the rule for motorcyclists. Maryland and Virginia have not. The sections below explain each, followed by the helmet and lane-splitting rules insurers raise most often.

Are motorcyclists protected by D.C.'s vulnerable-user law?

Yes. D.C. defines a "vulnerable user" to include an individual using a motorcycle, along with bicycles, scooters, motorized bicycles, motor-driven cycles, and similar devices (D.C. Code § 50-2204.51(13)). A vulnerable user's negligence does not bar recovery unless it was a proximate cause of the injury and greater than the combined negligence of all the defendants (D.C. Code § 50-2204.52(a)).

The protection applies when the rider, on a public highway or sidewalk, is involved in a collision with a motor vehicle or another vulnerable user (§ 50-2204.52(a)(1)). In practice, that covers most car-versus-motorcycle crashes on D.C. streets. The statute also preserves the last clear chance doctrine and joint and several liability (§ 50-2204.52(b)(1)).

What this means for you: in a D.C. crash, an insurer can no longer defeat your claim by proving you were 1 percent at fault. It has to show your negligence outweighed everyone else's combined. Single-vehicle crashes caused by road defects, and crashes that are not collisions with a motor vehicle or another vulnerable user, fall outside this statute and need separate analysis. Read more in our post on D.C.'s vulnerable-user law for scooter and motorcycle riders.

Maryland: contributory negligence still applies, but helmet evidence is out

In Maryland, a rider whose own negligence contributed to the crash can still be barred from recovery; Maryland's highest court declined to replace contributory negligence with comparative fault and left any change to the legislature (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). So every Maryland motorcycle case is built to show the rider did nothing wrong, not just that the driver did more wrong.

Helmet law and the helmet defense in Maryland

Maryland requires every operator and passenger on a motorcycle to wear protective headgear meeting the Motor Vehicle Administrator's standards, and requires operators to use approved eye protection unless the motorcycle has a windscreen (Md. Code, Transp. § 21-1306(b), (c)). But the same statute shuts down the helmet defense. Failure to wear required headgear may not be considered evidence of negligence or contributory negligence, may not limit the liability of a party or an insurer, and may not diminish recovery for damages (§ 21-1306(e)(1)).

The statute goes further: in a civil trial for injury or death that is not about a defective helmet, no party, witness, or lawyer may refer to protective headgear at all (§ 21-1306(e)(2)). If an adjuster tells a Maryland rider that a missing helmet cuts the value of the claim, the statute says otherwise.

Lane splitting in Maryland

Maryland prohibits operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and prohibits passing in the same lane as the vehicle being overtaken (Md. Code, Transp. § 21-1303(c), (d)). The same section gives every motorcycle the right to the full use of a lane and forbids a motor vehicle from being driven in a way that deprives a motorcycle of that full use (§ 21-1303(b)(2)). Drivers who drift into a rider's lane or crowd a rider at a light are breaking that rule.

Virginia: the harshest fault rule, and what it takes to win

In Virginia, a plaintiff's negligence that contributed as a proximate cause of the injury bars recovery, and the main exception is the last clear chance doctrine, which the Supreme Court of Virginia has described as letting two types of negligent plaintiffs recover "to avoid that harsh and inevitable result" (Coutlakis v. CSX Transp., Inc., 293 Va. 212 (2017)). Those two types are a plaintiff who is physically unable to escape a position of peril and a plaintiff who is unaware of the peril, when the defendant saw or should have seen the danger in time to avoid it by using reasonable care.

Helmet law in Virginia

Virginia requires motorcycle operators and passengers to wear protective helmets meeting Snell, ANSI, or U.S. Department of Transportation standards, and requires operators to use a face shield, safety glasses, or goggles unless the motorcycle has safety glass or a windshield (Va. Code § 46.2-910(A)). The statute also provides that failure to wear a helmet or eye protection "shall not constitute negligence per se in any civil proceeding." That means a missing helmet does not by itself establish that the rider was contributorily negligent.

Lane splitting in Virginia

Virginia makes it reckless driving to drive a motor vehicle abreast of another vehicle in a lane designed for one vehicle; the statute allows two motorcycles to ride side by side in one lane but contains no exception for a motorcycle riding alongside a car (Va. Code § 46.2-857). If an insurer claims a rider was splitting lanes, the evidence of where the motorcycle actually was becomes central, and we gather it early.

Bias against motorcyclists, and how we answer it

A familiar pattern in motorcycle cases is a driver turning left across a rider's path, or pulling out from a side street, and then saying "I never saw him." Insurers turn that into a story that the rider must have been speeding or hidden. Jurors who do not ride may accept it without evidence.

We answer that story with facts, not assumptions:

• Visibility evidence: sight lines, lighting, the rider's gear and headlight, and where the driver was looking.
• Speed evidence: scene photographs, damage patterns, and video from nearby businesses, buses, and traffic cameras, gathered before it is overwritten.
• Independent witnesses: people who saw the turn or the pull-out, identified and interviewed while their memories are fresh.
• The rider's record: training, experience, and safe riding history, which help jurors see the person instead of the stereotype.

We also prepare riders for the questions adjusters ask. A recorded statement given in the first days after a crash, before anyone has seen the evidence, is often where a contributory negligence defense starts. See dealing with insurance adjusters before you talk to one.

Insurance: when the driver's policy is not enough

Motorcycle injuries are often severe: fractures, spinal injuries, traumatic brain injuries, and road rash that requires grafting. The at-fault driver's liability limits are frequently far below the harm done. Your own uninsured and underinsured motorist coverage may be the largest source of recovery, and the rules differ in each jurisdiction.

See Maryland uninsured and underinsured motorist claims, Virginia UM/UIM claims and stacking after July 1, 2023, and using your own insurance: PIP, MedPay, and UM/UIM. If a head injury is part of your case, see our traumatic brain injury page.

How long do I have to file a motorcycle injury lawsuit?

You generally have three years from the injury in D.C. (D.C. Code § 12-301(8)) and Maryland (Md. Code, Cts. & Jud. Proc. § 5-101), and two years in Virginia (Va. Code § 8.01-243(A)).

If the crash involved a government vehicle or a road defect, much shorter notice rules can apply. See why you should talk to a lawyer early. If a rider was killed, see our wrongful death page.

What to do after a motorcycle crash

1. Get medical care and follow through with it. Gaps in treatment become the insurer's argument that you were not badly hurt.
2. Keep the helmet, gear, and damaged parts. Do not repair or sell the motorcycle until we have documented it.
3. Photograph the scene, the vehicles, your injuries, and anything that blocked the driver's view.
4. Get the police report number and the names of witnesses.
5. Do not give a recorded statement to the other driver's insurer before talking to a lawyer.

Motorcycle crashes are a type of motor vehicle crash, so the work on our car and truck accident page, Maryland car accident page, and Virginia car accident page applies here too. For the full rules in each jurisdiction, see our D.C., Maryland, and Virginia injury law pages.

Related reading

• D.C.'s vulnerable-user law for e-scooter and motorcycle riders
• Motorcycle crashes in Virginia: bias, helmets, and building the case
• Maryland's contributory negligence rule survives: what Coleman means
• Virginia's contributory negligence rule: the 1 percent problem
• What happens if someone with little or no auto insurance injures you
• DMV Injury Guide: contributory negligence, the rule that decides most DMV cases
• DMV Injury Guide: using your own insurance (PIP, MedPay, and UM/UIM)

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.