How to Handle Motorcycle Accident Claims: Legal Strategies for Injured Riders
Motorcyclists face a unique set of challenges after a crash. The injuries tend to be more severe, the insurance companies are often quick to blame the motorcyclist, and the road to recovery can be long and overwhelming.
If you’re a motorcyclist who’s been injured in a Kansas accident, we want you to know that you don’t have to work through this alone. With offices in Topeka, Manhattan, and Lawrence, Kansas, Palmer Law Group is here to help.
Here, we’ll walk you through what we’ve learned from years of handling motorcycle accident claims, including key legal strategies that can make all the difference in securing compensation.
Why Motorcycle Accident Claims Are Different
First, it’s important to understand that motorcycle accidents are not just “car accidents with different vehicles.” The stakes are often higher. Riders don’t have the protection of a metal frame, seatbelts, or airbags, which means the injuries can be catastrophic even in low-speed crashes.
Unfortunately, motorcycle riders also face unfair bias. We’ve had cases where the insurance adjuster immediately assumed our client was speeding, weaving through traffic, or somehow responsible — even when the evidence told a completely different story.
This bias can affect the way insurers treat your claim, how jurors perceive your case, and how much compensation you're ultimately offered. That’s why it’s so important to approach a motorcycle accident claim with a tailored legal strategy — and that’s where we come in.
What to Do Immediately After a Motorcycle Accident
If you’re reading this after a crash, you’ve already taken the most important step by looking into your legal rights. But here’s a checklist of what we advise our clients to do in the immediate aftermath of a motorcycle accident:
Get medical attention: Even if you think your injuries are minor, get checked out. Many serious injuries (like internal bleeding or concussions) aren’t obvious right away.
Call the police: Always report the accident and make sure a police report is filed. This document can be crucial in proving fault.
Document everything: Take photos of your injuries, the motorcycle, the vehicles involved, the scene, and any road conditions that may have contributed.
Don’t talk to the other driver’s insurance company: Their job is to minimise what they pay. Anything you say can be used against you.
Contact an experienced motorcycle accident attorney: The sooner we get involved, the sooner we can protect your rights and start building your case.
Following the above steps is critical for your safety, and it will make it easier to work with an accident attorney to pursue compensation.
Kansas Motorcycle Accident Laws You Should Know
Here in Kansas, we follow a comparative fault system. That means you can still recover compensation even if you were partially at fault — as long as you were less than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault.
For example, if you were awarded $100,000 but found to be 20% at fault, you’d receive $80,000.
This is where many riders get short-changed. Insurance companies often try to shift as much blame as possible onto the motorcyclist to reduce their payout. We make it our mission to push back against those tactics and make sure that the fault is accurately assigned based on evidence — not assumptions.
Common Causes of Motorcycle Accidents We Handle
While every case is different, here are some of the most common scenarios we’ve encountered in Kansas motorcycle accidents:
Drivers turning left in front of a motorcycle
Rear-end collisions at traffic lights
Drivers merging into the rider’s lane
Distracted driving (texting, GPS use, etc.)
Drivers failing to yield at intersections
Unsafe road conditions (e.g., potholes or gravel)
In every one of these cases, the consequences for the rider can be life-changing — from broken bones and road rash to spinal injuries and traumatic brain injuries. We often work with medical experts, accident reconstructionists and life care planners to show the full extent of what our clients have endured.
Insurance Issues Unique to Motorcycle Riders
Additionally, Kansas is a no-fault insurance state when it comes to car accidents, but that doesn’t apply to motorcycles. Motorcyclists are not required to carry personal injury protection (PIP) coverage, which means your own insurance won’t automatically pay your medical expenses after an accident.
This puts the burden squarely on the at-fault driver’s insurance, and they may not be quick to pay up. That’s why we often explore all available sources of compensation, including:
The at-fault driver’s liability insurance
Your own uninsured/underinsured motorist coverage
MedPay or optional PIP (if you have it)
Claims against other responsible parties (e.g., a construction company for a dangerous road hazard)
One of our first steps is always to identify every potential avenue for recovery so you’re not left covering your own bills.
What Kind of Compensation Can Injured Riders Receive?
Furthermore, when we handle your motorcycle accident claim, we’re not just looking at the immediate costs — we’re thinking about your future. The full value of a claim often includes:
Medical expenses (past, current and future)
Lost wages and loss of earning capacity
Pain and suffering
Emotional distress and PTSD
Disfigurement and permanent disability
Damage to your motorcycle and gear
For more serious injuries, we also work with economists and life-care planners to calculate long-term care costs and lost earning potential. You shouldn’t have to worry about how you’ll afford rehab or whether you can keep working — we fight to include those in the final settlement.
Legal Strategies That Work in Kansas Motorcycle Accident Cases
Over the years, we’ve developed several legal strategies that consistently help our clients succeed in their claims:
Countering bias early: We start shaping the narrative from the moment we take on a case. That means presenting our client as the responsible, careful rider they are — not the stereotype.
Preserving and analysing physical evidence: Skid marks, vehicle damage, and helmet condition can all provide crucial knowledge into how the crash happened.
Leveraging expert witnesses: In more complicated cases, we bring in experts to strengthen our arguments around liability, medical costs and future impacts.
Demanding fair settlements or going to trial: We’re not afraid to take a case to court if the insurance company refuses to play fair. And they know it.
We also handle all communication with the insurance companies, so you don’t have to worry about saying the wrong thing or being pressured into a lowball offer.
How Long Do You Have to File a Claim in Kansas?
Kansas law gives you two years from the date of the motorcycle accident to file a personal injury lawsuit, according to the Kansas Legislature. If the crash resulted in a fatality, you have two years from the date of death to file a wrongful death claim.
That might sound like a lot of time, but we recommend starting as soon as possible. Evidence can disappear, witnesses can move or forget details, and insurance companies are already building their case the moment the accident is reported. The sooner we can begin working for you, the stronger your claim will be.
Contact Palmer Law Group Today
If you’ve been injured in a motorcycle accident, you don’t have to take on the legal system alone. Palmer Law Group is here to listen, support, and fight for your rights. We understand what you’re up against — and we know how to increase your odds of a favorable outcome. With law offices in Topeka, Manhattan, and Lawrence, we serve the state of Kansas. Contact us today.