Blamed for Your Washington Motorcycle Crash? Here's How to Push Back
Frank Stucki, Esq., MBA
A driver turns left across your lane on SR-20. Afterward they tell the officer, "He came out of nowhere." Then the adjuster calls and asks how fast you were going. If you ride in Washington, you know the pattern: riders get blamed for drivers' mistakes. I'm Frank Stucki, Esq., MBA, and this is how you protect your claim from the first day.
Why riders get blamed
Drivers often truly don't see motorcycles, especially in rain, glare or low light. That's usually the heart of the case, not the rider's fault. But insurers know some people assume riders are reckless, and they lean on that. Common arguments include:
- You were speeding or "came up fast"
- Your lane position made you hard to see
- Your helmet or gear made the injuries worse
Shared fault doesn't end your claim
Washington uses pure comparative fault. If some share of the blame lands on you, your recovery is reduced by that share. It is not wiped out. That means the real fight is over the percentage, and evidence decides it.
Helmet questions are about injuries, not about who caused the crash. A driver who turned in front of you is still the driver who turned in front of you. Washington does require a DOT-compliant helmet with the strap fastened, so expect the other side to ask.
Evidence that answers the blame
- Keep your helmet. Don't repair it, toss it or sell it. Damage can show where and how hard you hit.
- Keep your gear. Photograph your jacket, gloves and boots before anything is cleaned.
- Photograph the bike and the scene. Skid marks, debris and where the vehicles ended up all help reconstruct what happened.
- Find video. Dashcams, doorbell cameras and business cameras can show the turn that caused the crash.
- Get witness names. People who saw it are your strongest answer to "came out of nowhere."
Watch your coverage
Riders face gaps drivers often don't. PIP may exclude motorcycles, and underinsured coverage on a motorcycle policy can be rejected in writing. Check what you kept.
Talk to a lawyer before giving the other driver's insurer a recorded statement. Filing deadlines apply, so ask early, while the evidence still exists.
Read the full guide: https://pnwilaw.com/resources/motorcycle-riders-blamed-washington
Call (206) 657-5PNW
Frank Stucki, Esq., MBA
This article provides general legal information, not legal advice. Reading it does not create an attorney-client relationship.
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ABOUT THE AUTHOR
By Frank Stucki
Frank is a trial attorney licensed in Nevada, Washington, and Utah, handling personal injury, institutional abuse, and catastrophic injury cases. California and other states are handled with local co-counsel.