By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a Washington motorcycle crash?
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What to do after a motorcycle crash in Washington
- Get medical care the same day if you can, and keep every appointment.
- Report the crash to police within 72 hours, even if no car touched you. If a driver forced you off the road and left, Washington underinsured coverage treats it as a “phantom vehicle” only if the facts can be corroborated by evidence other than your own testimony or that of anyone else claiming UIM from the crash, and the crash was reported to law enforcement within 72 hours (RCW 48.22.030(8)).
- Keep your helmet and gear unrepaired. They show the impact points.
- Photograph the scene, gravel or debris, the lane lines, both vehicles and your injuries.
- Get names, plates and insurance, plus witness phone numbers. Ask nearby businesses to keep their video.
- Pull your motorcycle policy’s declarations page before you talk to any adjuster. What it says about UIM and medical coverage matters more in Washington than in most states.
Who can be held responsible
- Drivers who cut across a rider. Left turns at intersections and side impacts at cross streets are the classic cases. See who is at fault in a T-bone crash in Washington and left-turn crashes.
- Drivers who pull out from a stop sign. Near Poulsbo in October 2026, an SUV driver told deputies he slowed at a stop sign and pulled onto NE Hoffs Drive to turn left as two motorcycles approached; one rider struck the SUV (our news report). The driver will say the riders were too fast, which is exactly what comparative fault sorts out.
- Semi trucks and their carriers. The trucking company is often a defendant along with its driver; see our Washington truck accident lawyer page.
- Employers and vehicle owners when the driver was working or using someone else’s car.
- Government entities. Before suing a city, county or other local government, you must present a tort claim and wait 60 days; the statute of limitations is paused during those 60 days (RCW 4.96.020(4)). The same 60-day rule applies to claims against the state, which go to the Office of Risk Management (RCW 4.92.110).
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Washington’s deadline and fault rule
Three years. An action for injury to the person must be commenced within three years (RCW 4.16.080(2)). More on the clock: Washington car accident statute of limitations. Families should also read the Washington wrongful death deadline.
Pure comparative fault. Any fault charged to you reduces your compensatory damages in proportion but does not bar recovery (RCW 4.22.005). A rider found 60% at fault still recovers 40%. Washington’s definition of fault includes an unreasonable failure to avoid an injury, and the legal requirement of causation applies to the rider’s fault just as it does to the driver’s (RCW 4.22.015). That definition is where helmet arguments come in.
Lane splitting and lane filtering in Washington
Washington law says no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a rider may not pass a vehicle in the same lane. The one exception is passing a pedestrian or bicyclist with at least three feet of room. Motorcycles are entitled to the full use of a lane, and police on duty are exempt (RCW 46.61.608). The section was last amended in 2013.
Bills to change this have not passed:
- SB 5401 and HB 1063 (2023-24) would have allowed riders to pass between lanes at 35 mph or less and no more than 10 mph faster than traffic (Senate bill report). SB 5401 had a hearing in the Senate Transportation Committee on February 16, 2023, and went no further (bill history).
- HB 1367 (2025-26) would let motorcycles use the right shoulder of limited access highways when traffic is stopped or averaging 25 mph or less, at no more than 10 mph above traffic (bill text). It had House Transportation Committee hearings on January 22, 2025 and February 5, 2026, and as of November 7, 2026 it was still in that committee (bill status).
So a rider who was splitting or filtering broke a traffic law, and the insurer will say so. Under pure comparative fault that lowers the recovery but never ends it, and the driver who changed lanes into the rider is judged on his or her own conduct. Our lane-splitting fault page explains how these crashes are pieced together.
Helmets and your claim
Washington requires every operator and rider of a motorcycle, motor-driven cycle or moped on a state highway, county road or city street to wear a motorcycle helmet, with the chin or neck strap fastened while moving. A qualifying helmet has a hard shell, padding and a strap, and carries the manufacturer’s certification that it meets U.S. DOT standards. The same statute bars carrying a child under five on a motorcycle (RCW 46.37.530). Compliance is the highest in the country: NHTSA counted 113 motorcyclists killed in Washington in 2024, and only 5% of those with known helmet use were unhelmeted, the lowest share of any state (NHTSA, Motorcycles: 2024 Data).
Can riding without a helmet reduce your recovery? It can. The legislature wrote a rule keeping seat-belt nonuse out of civil cases: failure to wear a seat belt is not negligence and is not admissible as evidence of negligence (RCW 46.61.688(6)). The helmet statute has no such sentence. So the defense may argue that riding without a helmet was an unreasonable failure to avoid an injury, but causation still applies (RCW 4.22.015), which limits the argument to injuries a helmet would have prevented or reduced. See helmet laws in California, Texas and Washington.
Insurance: the motorcycle UIM gap and PIP
- Minimum liability limits: $25,000 for injury or death of one person, $50,000 for two or more, and $10,000 for property damage (RCW 46.29.090). These are the lowest of our three states.
- Your car’s UIM may not follow you onto the bike. Washington requires underinsured, hit-and-run and phantom vehicle coverage on auto policies, but the requirement expressly excepts injuries while operating or occupying a motorcycle. Insurers that write motorcycle policies must give buyers information about UIM and a chance to reject it in writing (RCW 48.22.030(2), (9), (10)). The motorcycle policy is where to look. See making an underinsured motorist claim.
- PIP. Insurers must offer personal injury protection on new and renewed automobile policies, and it can be rejected in writing (RCW 48.22.085). The chapter defines “automobile” as a passenger car (RCW 48.22.005(1)), so a motorcycle policy may have no PIP. Check for medical payments coverage instead.
Washington motorcycle crash numbers
- The Washington Traffic Safety Commission reports 142 motorcyclists killed in 2023, a historic high, then 113 in 2024 and 104 in 2025 (preliminary) (WTSC, April 21, 2026).
- From 2021 to 2025, motorcycles were 3% of crashes but motorcyclists were 584 deaths, 16% of all traffic deaths in the state.
- Over the last ten years, 35% of motorcyclists killed had no valid motorcycle endorsement, no license or an unknown license status. Of Washington residents killed in 2024, 71% had no training on record (WTSC).
- Of 110 Washington riders killed in 2024, 22% had a blood alcohol level of .08 or higher (NHTSA).
Our news desk covers these crashes across the state, from a three-vehicle crash with a van and a semi on northbound I-5 near Albro Place in Seattle to a Sedro-Woolley rider who died after a collision on SR 20, the North Cascades Highway. We have local pages for motorcycle crashes in Seattle, Bellevue, Tacoma, Everett, Spokane and Vancouver.
Washington compared with California and Texas
Washington gives riders the longest deadline of the three states and the same forgiving fault rule as California.
| State | Deadline to sue | Your share of fault | Helmet law | Lane splitting | Minimum liability insurance |
|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1); 6 months for a claim against a public entity (Gov. Code § 911.2) | Reduces the award, never bars it (Li v. Yellow Cab) | Every rider and passenger (Veh. Code § 27803) | Legal; defined by statute (Veh. Code § 21658.1) | $30,000 / $60,000 / $15,000 for policies issued or renewed since Jan. 1, 2025 (Veh. Code § 16056) |
| Texas | 2 years (CPRC § 16.003); 6-month notice to a government unit (CPRC § 101.101) | Barred if more than 50% (CPRC § 33.001) | Under 21 always; 21 and older exempt with a safety course or qualifying health insurance (Transp. Code § 661.003) | Illegal since Sept. 1, 2023 (Transp. Code § 545.0605) | $30,000 / $60,000 / $25,000 (Transp. Code § 601.072) |
| Washington | 3 years (RCW 4.16.080(2)); a claim must be filed first against a local government (RCW 4.96.020) | Reduces the award, never bars it (RCW 4.22.005) | Every rider and passenger (RCW 46.37.530) | Illegal; no filtering law (RCW 46.61.608(3)) | $25,000 / $50,000 / $10,000 (RCW 46.29.090) |
Related pages
- Is lane splitting legal in Washington?
- California motorcycle accident lawyer
- Texas motorcycle accident lawyer
- Motorcycle helmet laws in California, Texas and Washington
- What is a motorcycle accident claim worth?
- Washington car accident statute of limitations
- Washington truck accident lawyer
- Seattle motorcycle accident lawyer
Common questions
How long do I have to sue after a motorcycle accident in Washington?
Three years from the crash for most injury claims (RCW 4.16.080(2)). Against a local government you must first file a tort claim and wait 60 days, and the limitations period is paused during that wait (RCW 4.96.020).
Is lane splitting or lane filtering legal in Washington?
No. RCW 46.61.608 bars riding between lanes or rows of vehicles and passing in the same lane. Bills to allow filtering (SB 5401 and HB 1063 in 2023-24) and shoulder use (HB 1367 in 2025-26) did not pass, and HB 1367 was still in committee as of November 2026.
Can I recover if I was partly at fault?
Yes. Washington uses pure comparative fault. Your damages are reduced by your percentage, but even a rider found mostly at fault recovers the rest (RCW 4.22.005).
Does the underinsured coverage on my car cover me on my motorcycle?
Often not. RCW 48.22.030 lets auto policies exclude injuries while operating or occupying a motorcycle. Look at the UIM section of your motorcycle policy, and check whether you rejected it in writing when you bought it.
A driver ran me off the road and left without hitting me. Is there coverage?
Possibly, as a phantom vehicle claim under your UIM coverage, but only if the facts are corroborated by evidence other than your own testimony or that of anyone else claiming UIM from the crash, and the crash was reported to police within 72 hours.
I was not wearing a helmet. Can I still recover?
Yes. Washington has no rule keeping helmet evidence out the way it does for seat belts, so the defense may raise it, but it must show the missing helmet caused or worsened a specific injury. Any fault assigned only reduces your recovery.
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Sources
- RCW 4.16.080
- RCW 4.22.005
- RCW 4.22.015
- RCW 4.96.020
- RCW 4.92.110
- RCW 46.37.530 (helmets)
- RCW 46.61.608 (lane splitting)
- RCW 46.61.688 (seat belts)
- RCW 46.29.090 (minimum insurance)
- RCW 48.22.030 (UIM)
- RCW 48.22.005 (definitions)
- RCW 48.22.085 (PIP)
- Washington Legislature, SB 5401 (2023-24) bill history
- Senate Bill Report, SB 5401 (2023)
- Washington Legislature, HB 1367 (2025-26) bill status
- HB 1367 bill text
- Washington Traffic Safety Commission, motorcyclist fatalities release (Apr. 21, 2026)
- NHTSA, Traffic Safety Facts: Motorcycles, 2024 Data (DOT HS 813 824, July 2026)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.