Assumption of Risk: Why Insurance Denies Motorcycle Claims
Insurance companies deny motorcycle claims more often than most riders expect, and the reason isn’t always what you’d think. When another driver cuts you off, runs a red light, or turns left without checking their mirror, you might assume liability is obvious.
But insurers routinely point the finger back at you. If you were involved in one of those situations and are now dealing with pushback from an insurance company, you’re facing what attorneys call motorcycle accident liability disputes, and they require a specific kind of legal response.
Spokane riders and families who have lost someone know how much weight a crash carries. The physical pain, the financial strain, the grief. You shouldn’t have to fight an insurance company at the same time. A Spokane motorcycle accident attorney can review your case at no cost and help you understand what you’re actually dealing with.
Should I get a lawyer for a motorcycle accident if I was speeding?
Yes, you should still consult a lawyer even if you were speeding at the time of a motorcycle accident. Washington follows pure comparative fault, meaning you can recover damages even if you shared some responsibility for the crash.
- Speeding does not automatically bar your claim. Your compensation may be reduced by your percentage of fault, but you can still recover from a driver who caused the collision.
- Insurance companies will use your speed against you. An attorney can counter that argument with evidence showing another driver’s actions were the primary cause.
- A free consultation costs you nothing and gives you a clear picture of what your case is actually worth.
Talking to a Spokane motorcycle accident attorney before accepting any offer is one of the most practical steps you can take after a crash.
Key Takeaways: Assumption of Risk in Washington Motorcycle Accident Claims
- Washington’s pure comparative fault law allows injured riders to recover damages even if they were partially at fault, including for speeding.
- Insurance companies use assumption of risk and rider behavior as defenses to reduce or deny claims, but these defenses can often be rebutted with the right evidence.
- Working with a skilled attorney gives you the best chance of recovering fair compensation after a serious motorcycle crash.
How Does Washington Law Handle Fault in a Motorcycle Accident?
Washington does not use an all-or-nothing approach to fault. Under comparative fault in a motorcycle accident claim in Washington, the court assigns each party a percentage of responsibility. Your damages are reduced by your share, but you don’t lose your right to recover entirely. 
What Pure Comparative Fault Means for Riders
Say you were going 10 mph over the speed limit when a driver pulled out in front of you. A jury might find you 15% at fault for speeding. You’d still recover 85% of your total damages from the at-fault driver. Insurance adjusters don’t always volunteer this information.
They may let you assume your speed disqualifies your claim entirely, because that assumption saves them money.
Why Speeding Doesn’t Automatically Sink Your Claim
Speeding contributes to crashes in some situations, but it doesn’t cause every crash. If a driver failed to yield, ran a stop sign, or made an unsafe lane change, their negligence may far outweigh your speed. The law looks at the full picture, not just one detail.
What Is the Assumption of Risk Defense, and How Do Insurers Use It?
The assumption of risk defense argues that you knowingly accepted the dangers of motorcycling, so the other party shouldn’t be held fully responsible for your injuries. Insurers use this argument to minimize payouts.
How Insurers Frame the Argument
Adjusters may point to the fact that motorcycles offer less protection than passenger vehicles, that you chose to ride despite knowing the risks, or that your gear, speed, or lane position contributed to the severity of your injuries.
None of these arguments automatically defeats your claim, but they can influence settlement negotiations if you don’t have someone pushing back.
What a Strong Rebuttal Looks Like
An effective speeding defense rebuttal focuses on causation. The question isn’t whether you were speeding. The question is whether your speed caused the crash, or whether the other driver’s actions did.
Evidence such as traffic camera footage, witness statements, accident reconstruction, and the other driver’s own history can shift the analysis significantly.
| Aspect | Key Points |
|---|---|
| Concept | The “Assumption of Risk” defense argues that riders knowingly accept the dangers of motorcycling, absolving other parties of full responsibility. |
| Insurers’ Tactics | Adjusters leverage the lack of rider protection, gear choices, speed, or lane position to argue these factors contributed to the injury severity. |
| Goal | To minimize settlement payouts by shifting focus away from the driver’s negligence. |
| Rebuttal Strategy | Shift focus to causation: did the speed or choice actually cause the crash, or did the driver’s actions? |
| Evidence to Use | Traffic camera footage, witness statements, accident reconstruction, and the other driver’s history. |
Why Does Having an Attorney Matter in These Cases?
Insurance companies have adjusters, attorneys, and years of experience handling claims. Riders dealing with injuries, recovery, and mounting bills are at a real disadvantage without someone in their corner who understands how these disputes actually play out.
A knowledgeable motorcycle accident attorney understands how insurers build their defenses and how to take them apart. They know which evidence matters, how to document your damages fully, and how Washington courts have handled similar motorcycle accident liability disputes in the past.
That kind of focused legal support changes outcomes.
What an Attorney Actually Does for Your Case
Several things tend to strengthen a motorcycle accident claim when an attorney is involved early. Preserving evidence before it disappears matters more than most people realize.
Medical records, billing statements, and documentation of how your injuries have affected your work and daily life all factor into the value of your claim. Your attorney builds that record deliberately, with your long-term recovery in mind.
FAQs About Motorcycle Accident Claims in WA
What if the other driver’s insurance keeps saying I was at fault?
An insurance company’s initial fault determination is not final. You have the right to dispute it, and an attorney can present evidence, hire accident reconstruction professionals, and challenge the insurer’s conclusions directly. Adjusters often shift their position when they see a well-supported claim.
How long do I have to file a motorcycle accident claim in Washington?
Washington’s statute of limitations for personal injury claims is generally three years from the date of the accident. Waiting too long can forfeit your right to recover, so speaking with an attorney sooner gives you more options.
Can I still recover damages if I wasn’t wearing a helmet?
Helmet use may factor into comparative fault, particularly for head injuries. However, injuries unrelated to helmet use, such as broken bones or internal injuries, may not be affected by that argument at all. An attorney can assess how helmet use might affect your specific injuries and damages.
Talk to Fannin Litigation Group, P.S.
Motorcycle accident liability disputes don’t resolve themselves, and insurers aren’t in the business of making things easy for injured riders. If you were hurt in a crash someone else caused, or if you lost a family member, you deserve a clear-eyed assessment of your options.
At Fannin Litigation Group, P.S., we handle motorcycle accident claims in Spokane and throughout Washington. We offer free consultations, and we want to hear what happened.
Call us at 509-328-8204 or visit our office at 1312 N. Monroe St., Spokane, Washington 99201. Let’s talk about what comes next.
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