Anna Katherine Stone | Oct 10 2025 13:00

Challenging Common Assumptions

Motorcycle and bicycle accidents are fraught with misconceptions that can mislead riders and jeopardize their rights. Many people fall prey to myths about the legal and insurance intricacies surrounding these cases, which could leave riders defenseless after an accident. Let's separate fact from fiction and ensure you know your rights when on two wheels.

Myth: You're At Fault Without a Helmet

Just because you weren't wearing a helmet, it doesn't mean you're automatically at fault in an accident. While helmet laws promote safety and non-compliance could affect insurance claims, it doesn't substitute fault for the accident itself. Some insurers might argue that injuries were exacerbated by the lack of a helmet, but this doesn't decide fault. Understanding this distinction is crucial to protecting your rights.

Myth: Police Always Take the Rider's Side

If you're involved in an accident, it's a mistake to assume the police will automatically be on your side. Law enforcement officers may sometimes operate under biases, viewing riders as reckless. This can lead to misinterpretations, so it's essential for riders to present their evidence clearly and consult a lawyer if necessary.

Myth: Bicycles and Motorcycles Are Like Cars

Bicycles and motorcycles are not treated the same as cars under the law. Different states may classify riders as "vulnerable road users," and bias can sometimes make proving your side of the story more challenging. Understanding these distinctions helps riders safeguard their interests in the event of an accident.

Myth: Lane-Splitting Is Always Legal

Motorcyclists often believe that weaving through traffic is legal everywhere. However, lane-splitting laws vary significantly by state, and in places where it's not explicitly legal, riders might face reckless driving charges. It's crucial to check specific state regulations before riding.

Myth: Hit-and-Run Charges Can’t Be Fought

Being accused of a hit-and-run isn’t an automatic defeat. Defense options exist, such as proving mistaken identity or insufficient evidence. Legal representation is key in challenging these accusations and protecting your rights.

Protect Your Rights: Staying Informed

Riders must stay informed about their legal responsibilities and rights to defend themselves effectively. Knowing the truth about common myths can prevent costly mistakes. If you're ever in a situation where these myths come into play, consulting a lawyer is a wise move. Additionally, always stay updated on the laws of the states you plan to ride in.