Insurance adjusters routinely assume that if you were on a motorcycle, you were at least partly at fault. That assumption can quietly reduce your settlement or fuel a lowball offer — unless your claim is built around the facts that prove otherwise.
Study after study shows that a large share of motorcycle crashes are caused by other drivers, most commonly by failing to see the motorcycle and turning left across its path. But adjusters walk into negotiations with the opposite assumption baked in — that riders were speeding, weaving, or riding recklessly. Dismantling that assumption requires evidence, not argument.
Where the bias shows up
Adjusters assigning riders a higher share of fault than the evidence supports, lowball offers that bank on the rider not wanting to go to court, arguments that a rider "assumed the risk" simply by being on a motorcycle, and close scrutiny of speed, lane position, and gear that car drivers never face — these are the predictable tactics. Knowing they're coming is the first step toward countering them.
How evidence sets the record straight
Facts beat assumptions. Scene photos, skid marks, and vehicle resting positions establish what happened physically. Traffic and surveillance camera footage can show the other driver's movements before impact. Independent witness statements cut through disputes about who had the right of way. When the physics are complicated — a left-turn collision, for example, where the other driver claims the rider came out of nowhere — accident reconstruction can establish speed and timing precisely. The at-fault driver's own statements and any citations they received also matter.
The left-turn collision is the clearest example. When a driver turns left in front of an oncoming motorcycle, the physical evidence almost always tells an unambiguous story that overrides assumptions about the rider.
Damages in motorcycle crashes are often severe
Because riders have no structural protection, motorcycle injuries tend to be serious: fractures, road rash, spinal injuries, and traumatic brain injuries are common even at relatively low speeds. That makes thorough, accurate documentation of your medical care — and your future treatment needs — especially important. Insurance adjusters also frequently argue that injuries would have been less severe with different gear, making documentation of what you were wearing at impact relevant to the claim.
Comparative fault and your recovery
Arizona's pure comparative negligence rule (A.R.S. § 12-2505) means you can recover even if you were partly at fault — your damages are reduced by your percentage of fault, but there's no cutoff. The battle in most motorcycle cases is over that percentage. Adjusters argue 30 or 40 percent against the rider; a well-documented claim pushes that number down. See our post on Arizona comparative negligence law.
The filing deadline
Arizona gives most personal injury victims two years to file from the accident date (A.R.S. § 12-542). Evidence — footage, tire marks, witness memory — degrades fast. See our post on the Arizona personal injury statute of limitations for detail on exceptions.
Our motorcycle accident attorneys handle claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.