What to look for in a motorcycle accident lawyer
A lawyer who handles motorcycle accidents well is not the same as a lawyer who handles car accidents. You need someone with specific experience in motorcycle claims, because insurers and juries often treat motorcycle accidents differently—they may assume the rider was at fault or taking unnecessary risks, even when that is not true. A lawyer who understands these biases and knows how to counter them is worth the difference in outcome.
Look for a lawyer who has handled motorcycle accident cases specifically, not just "personal injury" in general. Ask how many motorcycle cases they have taken to trial or settlement in the past three years. Ask whether they have worked with accident reconstructionists who understand motorcycle dynamics—how a bike handles, how quickly it can stop, how road conditions affect two-wheeled vehicles differently than four-wheeled ones. These details matter when you are fighting the assumption that you were reckless.
The lawyer should also understand your insurance situation. If the other driver's insurer is denying your claim or offering far below what your injuries cost, your lawyer needs to know whether your own policy has uninsured or underinsured motorist coverage—a protection many riders carry specifically because motorcycle accidents often involve drivers who have little or no insurance. A lawyer who does not ask about your own policy is missing a major source of recovery.
Key Takeaways
- A lawyer with specific motorcycle accident experience is more likely to counter the bias that riders are always at fault and to understand the technical details of how bikes behave in crashes.
- Ask prospective lawyers how many motorcycle cases they have handled and whether they work with accident reconstructionists who understand motorcycle dynamics.
- Your own insurance policy may include uninsured or underinsured motorist coverage that a lawyer can pursue if the at-fault driver has little or no insurance.
- Most personal injury lawyers work on contingency, meaning they take a percentage of what you recover and you pay nothing upfront, but confirm the percentage and what costs they deduct before you hire.
- Check whether a lawyer is licensed in your state and has no disciplinary history by searching your state bar's public directory.
How to find lawyers in your area
Start with your state bar association's lawyer referral service. Every state bar maintains a directory of licensed attorneys and many offer a referral hotline or online search tool. You can filter by practice area—personal injury or motorcycle accidents—and by location. This is a free service and it guarantees the lawyer is licensed and in good standing in your state.
Ask your doctor, your insurance adjuster, or other people who have been in accidents whether they can recommend someone. Word-of-mouth from people who have actually worked with a lawyer is more reliable than online reviews, because you learn not just whether the lawyer won cases but whether they communicated clearly, returned calls, and treated the client with respect during a stressful time.
Search online for "motorcycle accident lawyer" plus your city or county name. Look at the lawyer's website for information about their experience with motorcycle cases specifically, not just personal injury in general. Read reviews on Google, Avvo, or the state bar website, but weight them carefully—one angry review from a client who lost a case they thought was winnable is not the same as a pattern of complaints about responsiveness or dishonesty.
Questions to ask before you hire
Call or meet with at least two or three lawyers before you decide. Most will offer a free initial consultation. In that conversation, ask these specific questions:
- How many motorcycle accident cases have you handled in the past three years? You want a number, not "many" or "quite a few." If it is fewer than five, ask whether they have handled other serious injury cases and why they think that experience transfers.
- Have you worked with accident reconstructionists? If yes, ask for the name of one they have used and whether you can contact them to discuss the case. If no, ask whether they plan to hire one for your case.
- What is your contingency fee? Most lawyers take 33 percent of what you recover, but some take 40 percent, especially if the case goes to trial. Confirm this in writing before you hire.
- What costs do you deduct from my recovery? Lawyers typically pay for informed witnesses, court filing fees, and medical records, then deduct those costs from your settlement or judgment. Ask for a written estimate of what those costs might be.
- How often will you update me on the case? A lawyer who commits to calling you monthly or emailing you every two weeks is more likely to keep you informed than one who says "I'll call when there is news."
- Do you have experience with my insurance company? If you have uninsured or underinsured motorist coverage, ask whether the lawyer has dealt with your insurer before and whether they have a sense of how that company handles these claims.
Understanding contingency fees and costs
Most motorcycle accident lawyers work on contingency, which means they take a percentage of what you recover—usually 33 percent—and you pay nothing upfront. If you do not recover anything, the lawyer does not get paid. This aligns the lawyer's interest with yours: they want to win or settle for as much as possible.
However, contingency does not mean free. The lawyer will deduct costs from your recovery before calculating their fee. These costs include filing fees paid to the court, fees for obtaining your medical records, informed witness fees (accident reconstructionists, medical experts, vocational rehabilitation specialists), and sometimes costs for depositions or investigation. A case with significant informed testimony can cost $5,000 to $15,000 or more in expenses.
Ask the lawyer to give you an estimate of what costs they expect and to get your permission before spending more than a certain amount. Ask whether they will advance these costs (pay them out of pocket and deduct them later) or whether you will pay them as you go. Most lawyers advance costs, but some do not, and you need to know the difference before you sign an agreement.
Get the fee agreement in writing before you hire. It should state the contingency percentage, what costs the lawyer will deduct, and what happens if the case settles versus goes to trial (some lawyers charge a higher percentage if the case goes to trial, because it takes more time and risk). Do not sign anything you do not understand, and do not hesitate to ask the lawyer to explain any part of the agreement.
Checking a lawyer's background and discipline history
Before you hire, verify that the lawyer is licensed in your state and has no disciplinary history. Go to your state bar association's website and search for the lawyer by name. The search will show you their license status, any disciplinary actions, and sometimes client reviews or complaints.
Look for red flags: a lawyer who has been suspended, disbarred, or disciplined for dishonesty, neglect, or mishandling client funds is a risk. A single old complaint that was resolved is less concerning than a pattern of recent complaints. If you find something troubling, ask the lawyer about it directly—they may have an explanation, or you may decide to look elsewhere.
You can also search the National Association of Disciplinary Counsel (NADC) database to see whether a lawyer has been disciplined in other states. This matters if the lawyer has moved or practiced in multiple states.
When to hire a lawyer versus handling it yourself
You do not need a lawyer for every motorcycle accident. If you have minor injuries, the other driver's insurance has accepted fault, and their insurer is offering a fair settlement, you may be able to negotiate on your own. But hire a lawyer if any of these explore:
- Your injuries are serious or will require ongoing treatment.
- The other driver's insurer is denying fault or offering significantly less than your medical bills and lost wages.
- The other driver has little or no insurance and you need to pursue your own uninsured or underinsured motorist coverage.
- You have permanent scarring, disfigurement, or disability that affects your ability to work or your quality of life.
- The accident involved multiple vehicles, a commercial vehicle, or a government agency.
A lawyer's fee—typically one-third of your recovery—is worth paying if they recover significantly more than you would on your own. In many cases, the difference between what an insurer offers and what a lawyer negotiates is far more than the lawyer's fee.
Red flags: lawyers to avoid
Do not hire a lawyer who guarantees a specific outcome or settlement amount. No honest lawyer can may provide results, because the other side's insurer and the court make the final decision, not your lawyer.
Avoid a lawyer who pressures you to settle quickly or who does not explain your options clearly. You should understand what your case is worth, what the risks are if you go to trial, and what the settlement offer means before you agree to anything.
Do not work with a lawyer who does not return your calls or emails within a few business days. If they are unresponsive during the hiring process, they will likely be unresponsive after you hire them.
Be cautious of lawyers who advertise heavily on billboards or late-night television. Advertising does not tell you anything about their competence or experience. A lawyer who spends heavily on ads may be passing those costs on to clients through higher fees or lower settlements.
Frequently Asked Questions
How much does a motorcycle accident lawyer cost?
Most work on contingency, taking 33 to 40 percent of what you recover. You pay nothing upfront. However, you will be responsible for costs like informed witnesses and court fees, which the lawyer deducts from your recovery before calculating their percentage. Get the fee agreement in writing before you hire.
Should I hire a lawyer who specializes only in motorcycle accidents, or is general personal injury okay?
A lawyer with specific motorcycle accident experience is preferable, because they understand the technical details of how bikes behave and the biases juries and insurers often hold against riders. If you cannot find a motorcycle specialist in your area, hire a personal injury lawyer with significant trial experience and ask whether they will work with an accident reconstructionist who understands motorcycles.
Can I change lawyers if I am not happy with the one I hired?
Yes, but it is complicated. You can fire your lawyer at any time, but if the case has already settled or a judgment has been entered, you may owe your original lawyer a fee based on their work up to that point. If you want to switch lawyers mid-case, discuss it with both the original lawyer and the new one before making a decision.
What if the other driver does not have insurance?
This is where a lawyer becomes especially valuable. Your own policy likely includes uninsured motorist coverage, which pays your medical bills and lost wages when the at-fault driver has no insurance. A lawyer knows how to pursue this coverage and can often recover more than you would on your own. Ask any lawyer you interview whether they have experience with uninsured motorist claims.
How long does a motorcycle accident case usually take?
A straightforward case with clear fault and accepted injuries may settle in three to six months. A complex case with disputed fault, serious injuries, or trial may take one to three years. Your lawyer should give you a realistic timeline based on the facts of your case and the court's schedule in your area.