What matters when choosing a motorcycle accident lawyer
The lawyer who is right for your case depends on what you need to prove, how much the other side is willing to pay, and whether you can afford to wait months for a settlement. There is no single "best" lawyer — there is the lawyer who has handled cases like yours, who has the time to take it seriously, and whose fee structure matches your situation.
Start by narrowing to lawyers who have actually tried motorcycle accident cases, not just handled them. A lawyer who settles every case in mediation has a different skill set than one who regularly goes to trial. Both can be valuable, but you need to know which one you are hiring and why that matters for your case.
The second filter is whether the lawyer will take your case on contingency — meaning they get paid only if you recover money — or whether they charge hourly. Most motorcycle accident lawyers work on contingency, but some do not, and that changes what you can afford to do.
Key Takeaways
- A lawyer who has tried motorcycle accident cases in your state is more valuable than one with general personal injury experience, because motorcycle liability and damages are treated differently than car accidents.
- Ask directly whether the lawyer has gone to trial in the last three years and what the outcomes were, not just how many cases they have handled.
- Contingency fees (lawyer gets paid from your settlement) are standard, but the percentage varies from 25 to 40 percent depending on whether the case settles before trial or goes to court.
- Red flags include lawyers who may provide an outcome, pressure you to settle quickly, or cannot explain why they are the right fit for your specific injuries and accident circumstances.
- Your state bar association can tell you whether a lawyer has been disciplined, and that information is public and free to check.
Questions to ask before you hire
Ask the lawyer how many motorcycle accident cases they have handled in the past five years, and specifically how many went to trial. A lawyer who has tried five cases is more experienced than one who has settled 50 without going to court. Both numbers matter, but they tell you different things about what the lawyer can do if the insurance company will not budge.
Ask what they think your case is worth and how they arrived at that number. A lawyer who gives you a range and explains it — "based on your medical bills, lost wages, and the fact that the other driver was clearly at fault, I would expect between $X and $Y" — is thinking through your specific situation. A lawyer who says "we will see what happens" has not done the work yet.
Ask about their fee structure in writing. Most contingency agreements take 33 percent if the case settles before trial and 40 percent if it goes to trial. Some lawyers charge different percentages. Some charge a percentage plus costs (medical records, informed witnesses, court filing fees). Get the exact terms in a signed agreement before you hire them.
Ask who will actually work on your case. If you are talking to a partner but a junior associate will handle the file, that is fine — but you need to know it upfront. Ask how often you will hear from them and through what channel (phone, email, in-person meetings).
How to find lawyers in your area
Start with your state bar association's lawyer referral service. Every state bar maintains a searchable directory of licensed lawyers, and many allow you to filter by practice area and location. This is free and gives you verified information about who is licensed and whether they have been disciplined.
Search for "motorcycle accident lawyer" plus your city or county name. The lawyers who appear at the top of search results have paid for advertising, which tells you they are actively seeking clients — but it does not tell you whether they are good. Read the reviews on Google and Avvo, but understand that people who had bad experiences are more likely to leave reviews than people who were satisfied.
Ask for referrals from people you know who have hired personal injury lawyers. A recommendation from someone who actually worked with a lawyer is more reliable than online reviews, because you know the person and can ask follow-up questions.
Contact your local legal aid office or bar association to ask whether they have a list of lawyers who handle motorcycle accidents. Some bar associations maintain lists of lawyers who specialize in specific areas, and staff can sometimes point you toward lawyers with strong trial records.
Red flags that mean you should keep looking
Do not hire a lawyer who guarantees a specific outcome or settlement amount. No honest lawyer can may provide what an insurance company will pay or what a jury will award. If a lawyer promises a result, they are either lying or they plan to pressure you into a bad settlement to make the promise come true.
Do not hire a lawyer who pressures you to settle quickly or who seems more interested in closing the file than in getting you the most money. A lawyer who says "we should take this offer" three weeks after you hire them, before medical treatment is finished, is working for their own timeline, not yours.
Do not hire a lawyer who cannot explain why they are the right fit for your case. If you ask "why should I hire you instead of the other three lawyers I talked to?" and they give you a generic answer about their experience or their firm's size, they have not thought about your specific situation.
Do not hire a lawyer who will not put the fee agreement in writing or who is vague about what costs you will owe beyond the contingency fee. You should know before you sign whether you are responsible for paying for medical records, informed witnesses, and court filing fees if the case does not settle.
What to expect after you hire a lawyer
Your lawyer will request your medical records, police reports, and insurance information. They will likely hire an investigator to photograph the accident scene and interview witnesses. They will send a demand letter to the insurance company describing your injuries, your damages, and why the other driver was at fault.
The insurance company will respond with a counteroffer. Your lawyer will negotiate back and forth. This process usually takes three to six months. If the two sides cannot agree, your lawyer will file a lawsuit in court.
Once a lawsuit is filed, both sides will exchange documents and take depositions — recorded statements under oath. This phase, called discovery, usually takes another six to twelve months. If the case does not settle during discovery, it will go to trial, where a judge or jury will decide who was at fault and how much you are owed.
Throughout this process, your lawyer should keep you informed about what is happening and what your options are at each step. You should never be surprised by a settlement offer or a decision to file suit.
How motorcycle accident cases differ from car accident cases
Insurance companies and juries often treat motorcycle accidents differently than car accidents, and a lawyer who understands this difference is worth more to you. Many people assume that if you ride a motorcycle, you accept the risk of injury. That assumption is wrong as a matter of law, but it affects how juries think and how insurance companies value cases.
A lawyer who has tried motorcycle cases knows how to counter that bias. They know which experts to hire (accident reconstructionists, biomechanical engineers) to prove that the other driver caused the accident, not the motorcycle itself. They know how to present evidence about your injuries in a way that does not get dismissed because you were on a bike.
Motorcycle accident cases also involve different damage calculations. Medical bills and lost wages are the same, but the pain and suffering component — what lawyers call "non-economic damages" — is often higher in motorcycle cases because the injuries tend to be more severe. A lawyer who has tried these cases knows what juries in your area will award for specific injuries.
Checking a lawyer's background and discipline history
Go to your state bar association's website and search for the lawyer's name. The bar maintains a public record of every licensed lawyer and every disciplinary action taken against them. If a lawyer has been suspended, disbarred, or disciplined for dishonesty or neglect, that information is there.
Search the lawyer's name on Avvo, Google, and the Better Business Bureau. Read recent reviews, but remember that people with extreme experiences (very good or very bad) are more likely to leave reviews than people with average experiences.
Ask the lawyer directly about any lawsuits filed against them by clients, any bar complaints, or any malpractice insurance claims. A lawyer who has been sued or disciplined is not automatically a bad choice — many good lawyers have been sued — but you deserve to know about it and to hear their side of the story.
Frequently Asked Questions
Should I hire a lawyer who specializes only in motorcycle accidents, or is a general personal injury lawyer okay?
A lawyer who has tried motorcycle cases has skills that a general personal injury lawyer may not have. But a general personal injury lawyer with trial experience in your state can learn your case and do well. The key is trial experience and willingness to invest time in understanding motorcycle accident liability and damages.
What if I cannot afford a lawyer's hourly rate?
Most motorcycle accident lawyers work on contingency, meaning they get paid from your settlement. If a lawyer will not take your case on contingency, ask why — it may be because they think the case is weak, or it may just be their business model. Keep looking until you find a lawyer who will take the case on contingency.
Can I switch lawyers if I am unhappy with the one I hired?
Yes, but it can be complicated. You have the right to fire your lawyer at any time, but you may owe them a fee for the work they have done. If you switch lawyers, the new lawyer will need time to get up to speed on your case. Switching is sometimes necessary, but try to resolve problems with your current lawyer first.
How much will a lawyer cost me?
On contingency, the lawyer takes 25 to 40 percent of your settlement or judgment, depending on whether the case settles before trial or goes to court. You will also owe costs like medical records, informed witnesses, and court filing fees — usually a few hundred to a few thousand dollars. Ask your lawyer for an estimate of costs before you hire them.
What if the insurance company offers me a settlement right away?
Do not accept it without talking to a lawyer first. Insurance companies often make low initial offers, hoping you will take them before you understand what your case is worth. A lawyer can tell you whether the offer is fair and what you might recover if you negotiate or go to trial.