Motorcycle Accidents in Washington: Helmet Law, Fault, and Your Injury Claim

Hypothetical example: a rider is traveling straight through an intersection when an oncoming driver turns left across the lane. The rider brakes hard, goes down, and is taken to the hospital. The driver says they "never saw the bike."

Crashes like this raise questions about the helmet, the rider's lane position, and which insurance applies. This article walks through what the statutes say. It is general education, not advice about any one crash.

Rules That Apply to Motorcycles

Washington has several rules written specifically for motorcycles. Under RCW 46.20.500(1), a person may not drive a two-wheeled or three-wheeled motorcycle or a motor-driven cycle without a license specially endorsed for it. Violating that is a traffic infraction.

There is an exception: a person holding a valid driver's license may operate a motorcycle that has an enclosed seating area, safety belts, and a steering wheel without an endorsement (RCW 46.20.500(6); RCW 46.04.330).

The Helmet Law and Your Claim

RCW 46.37.530(1)(c) makes it unlawful to operate or ride on a motorcycle, motor-driven cycle, or moped on a state highway, county road, or city street without wearing a motorcycle helmet. The exception covers certain vehicles with a steering wheel, seat belts, and an enclosed seating area, and the chin strap must be fastened.

Subsection (3) defines a "motorcycle helmet" as one with a hard outer shell, padding, and a retention system, with a manufacturer's certification that it meets U.S. Department of Transportation standards.

The statute sets the equipment duty. The text does not say whether helmet use or non-use may be considered in a civil claim, or how it would affect damages. Because the statute is silent, this article does not state a rule on that question.

Driver Duties That Often Come Up

Left turns are a common source of motorcycle crashes. Under RCW 46.61.185(1), a driver turning left within an intersection or into a driveway must yield the right-of-way to a vehicle approaching from the opposite direction that is within the intersection or so close as to constitute an immediate hazard.

RCW 46.61.145(1) bars following another vehicle more closely than is reasonable and prudent. Both sections add a fine when the vehicle involved is a "vulnerable user of a public way." RCW 46.61.5259 defines that term to include a person riding a motorcycle or motor-driven cycle.

A driver who negligently causes substantial or great bodily harm to a vulnerable user may also face a separate infraction under RCW 46.61.526, and one who causes death may face a gross misdemeanor under RCW 46.61.5259. Those penalties are separate from a civil claim for compensation.

How Shared Fault Works

RCW 4.22.005 says contributory fault chargeable to the injured person reduces the damages proportionately but does not bar recovery. Under RCW 4.22.070, when more than one entity is at fault, the trier of fact determines each entity's percentage, and the percentages total 100 percent.

Hypothetical example: the left-turning driver is found mostly at fault, but the rider was also traveling between lanes, which RCW 46.61.608(3) prohibits. A fact-finder could assign the rider a share of fault. Any award would be reduced by that share but not eliminated.

This illustrates the rule and is not a prediction about any real case. Our article on Washington's pure comparative fault rule explains the rule in more detail.

Insurance After a Motorcycle Crash

Insurance for motorcycles works differently than for cars. RCW 46.30.020(1) requires most registered motor vehicles to be covered by liability insurance meeting minimum limits or another financial responsibility option. The chapter does not govern a motor-driven cycle, which the statute defines by a five-horsepower limit.

On PIP, RCW 48.22.085 applies to "automobile liability insurance" policies. RCW 48.22.005(1) defines "automobile" as a passenger car, and RCW 46.04.382 says "passenger car" excludes motorcycles and motor-driven cycles. So the statutory PIP offer is not written for motorcycle policies.

On UIM, RCW 48.22.030(2) carves out a person "operating or occupying a motorcycle or motor-driven cycle" from the UIM coverage required on a vehicle policy. Insurers that write motorcycle insurance must give named insureds an opportunity to reject UIM in writing. Our PIP and UIM article covers those coverages in general.

After the Crash: Reports and Evidence

RCW 46.52.020 requires the driver of any vehicle in an injury accident to stop, remain at the scene, give identifying and insurance information, and render reasonable assistance. RCW 46.52.030(1) requires a driver to make a written accident report within four days when someone is injured, unless a law enforcement officer is required to make the report.

If you were hurt, ask the officer for the report number and a copy of the report. Evidence can disappear quickly, so collect it early.

• The helmet, jacket, gloves, boots, and other gear, unwashed and unrepaired.
• The motorcycle itself, until it has been documented, and photographs of the damage and the road.
• Photographs of skid marks, signals, signs, lighting, and sight lines at the scene.
• Names, phone numbers, and plate numbers for the driver and witnesses.
• Medical records and bills from the first visit, and a short note of symptoms each day.

Our guide on what to do after a car accident in Washington covers the early steps. If an insurer calls, our article on dealing with insurance adjusters explains the claim-handling rules.

Deadlines

RCW 4.16.080(2) requires an action for injury to the person to be commenced within three years. That is the general rule, not a calculation for any one person. Policies and claims against a government entity can have different notice requirements.

To talk through a motorcycle crash, visit our personal injury practice page or contact us. Nelson Allen Walk & Scott, PLLC is at 1103 Shaw Road, Puyallup, WA 98372, and the phone is (253) 845-8895.

Written by Nathan D. Sukhia, Of Counsel.