As a rider who’s spent years navigating open roads and tight corners, I know the thrill of motorcycling—but I also know its risks. With motorcycle fatalities rising 2% in 2023 and insurers often treating riders unfairly, choosing the right attorney isn’t just important—it’s critical.
Here’s how to spot the red flags that could cost you thousands… or even your entire case.
🚩 #1: “I Handle All Accident Types!”
Motorcycle law isn’t just “car accidents, but smaller.” From California’s lane-splitting rules to Texas’ helmet exemptions, state-specific nuances can make or break your case.
One biker in Pennsylvania lamented a lowball settlement, realizing later that a California-based attorney might’ve doubled their payout.
Rider Tip: Ask, “How many motorcycle cases have you handled in my state this year?”.
🚩 #2: Cookie-Cutter Legal Advice
Your crash isn’t a template. Maybe you were lane-splitting legally when a driver misjudged your speed. Or perhaps road rash masked a deeper spinal injury. Generic advice fails here.
Real Story: A rider shared online that their attorney overlooked PTSD claims, settling fast for 50k—only to later face 120k in therapy bills.
Rider Tip: Demand a strategy tailored to your injuries, location, and bike type.
Read: 5 Myths About Cheap Motorcycle Insurance You Should Stop Believing
🚩 #3: “No Win, No Fee… But These 7 Costs Are on YOU”
Contingency fees sound great—until you’re stuck paying $15k for “admin costs” or expert witnesses. One law firm’s “33% fee” quietly required clients to cover court fees before the attorney took their cut, slashing settlements by 40%.
Rider Tip: Get fee terms in writing. Ask: “What out-of-pocket costs could I owe if we lose?”
🚩 #4: “Take This Offer Now—It’s Your Only Chance!”
Insurers know riders are vulnerable post-crash. They’ll lowball fast, banking on your medical bills piling up. In 2025, PTSD and chronic pain claims surged, yet early settlements rarely cover these long-term costs.
Case Example: A San Jose rider rejected a 200k offer, held out for Maximum Medical Improvement(MMI), and secured 5.65M for lifelong paraplegia care.
Rider Tip: Never settle before reaching MMI. Your future self will thank you.
Check: Progressive Motorcycle Insurance: What They DON’T Tell You!
🚩#5: “We Never Go to Trial”
Attorneys who fear courtrooms empower insurers to lowball. Firms boasting “97% settlement rates” often prioritize speed over fairness. Meanwhile, lawyers with trial wins (like a $1.25M verdict in Florida) squeeze insurers for every penny.
Rider Tip: Check their website for phrases like “trial-tested” or “courtroom results.”
🚩 #6: Ghosting You Post-Crash
You’re healing—not chasing updates. Yet one rider’s attorney vanished for weeks, missing a key evidence deadline. The result? A denied claim due to “insufficient proof.”
Rider Tip: During consults, ask: “How often will you update me?” If they can’t commit, neither should you.
🚩 #7: Skipping the Evidence Deep Dive
Modern cases hinge on digital proof: helmet cam footage, bike black boxes, even the other driver’s Instagram Stories (yes, insurers stalk those).
One attorney’s failure to subpoena traffic cam footage cost their client $200k.
Rider Tip: Ask, “Will you subpoena the driver’s phone logs?” If they balk, so should you.
🚩 #8: “Trust Me, the Reviews Don’t Matter”
A few negative reviews? Normal. A pattern of “poor communication” or hidden fees? Run. Always check:
- State bar records (e.g., California’s Bar Court Case Search)
- Google/Yelp reviews (skip the 5-star fluff—read the 3-star ones for honesty)
- Rider Tip: One rider avoided a “slick-talking” lawyer after finding undisclosed suspensions on the Texas Bar site.
✅ Green Flags of a Motorcycle Law Pro
Your attorney should:
- Specialize: 80%+ of their cases involve motorcycles.
- Communicate: Weekly updates, plain-English explanations.
- Fight Dirty: Use AI tools to analyze crash data or drone reconstructions.
- Be Local: Knows your state’s judges and bias trends (e.g., anti-rider jurors).
Motorcycle accidents are messy, but your attorney shouldn’t be. Use this checklist, trust your instincts, and remember: Your bike deserves a mechanic. Your case deserves a motorcycle attorney.
