Switching Motorcycle Accident Lawyers in Washington

Changing lawyers on a Washington motorcycle case

The right to change lawyers is the same for riders as for anyone else. You can end the relationship at any time under RPC 1.16, and your new firm sends the notice and asks for the file. Our Washington switching page covers the general steps.

Riders tend to come to us with a specific worry. The insurer says the crash was the rider’s fault, and their lawyer seems to be accepting that. Or the medical bills are large and nobody has explained where the money will come from. Those are the two things a new lawyer should look at first.

For the bigger picture on when a change makes sense, see can I switch personal injury lawyers.

The insurance gap riders don’t expect

Washington requires auto insurers to offer underinsured motorist coverage, but RCW 48.22.030(2) carves out the time a person is operating or riding a motorcycle. In plain terms, the UIM on your car policy may not follow you onto the bike. Motorcycle insurers have to give information about the coverage and must let the buyer reject UIM in writing on the motorcycle policy, under subsections (9) and (10).

So a new lawyer should get the declarations pages for every policy in your household and any signed rejection forms. If the at-fault driver carried low limits, the difference between having bike UIM and not having it can decide how much you take home.

Washington’s PIP rules in RCW 48.22.005 are written around passenger cars, and motorcycle policies often handle medical payments differently. The new lawyer should read the actual policy language before telling you what it pays.

Helmets, lane splitting and fault

Washington is a universal helmet state. RCW 46.37.530 requires every operator and passenger on a motorcycle on a state highway, county road or city street to wear a DOT-certified helmet with the strap fastened. Expect the defense to raise helmet use if you had a head injury and weren’t wearing one. If you were wearing one, keep it. The helmet itself is evidence.

Lane splitting is illegal here. RCW 46.61.608(3) bars riding between lanes or rows of vehicles, and subsection (1) gives motorcycles the right to the full use of a lane. A driver who crowded you out of your lane may have broken that rule.

None of this ends a claim by itself. Washington’s pure comparative fault rule in RCW 4.22.005 reduces an award by the rider’s share of fault but does not bar recovery. What matters is how the fault argument has been built so far, and whether anyone has pushed back on it. For more on helmet rules across our states, see motorcycle helmet laws in California, Texas and Washington.

Washington also requires mirrors on both sides and eye protection when the bike has no windshield, under the same helmet statute. The defense sometimes points to equipment issues to shift blame. A new lawyer should know what your bike had on it the day of the crash, and photos of the bike before it was salvaged help answer that. If a second rider or a passenger was hurt, check that their claims are being handled and that no one is giving statements that conflict with yours.

Injuries and damages that get missed in rider cases

Riders tend to have injuries that develop over time. A new lawyer should check that the file captures all of them, not just the first ER visit:

• Road rash that needs skin grafts or leaves lasting scars, documented with photos at each stage.
• Head injuries, even with a helmet. Concussion symptoms like memory trouble and light sensitivity often show up later and need a specialist record.
• Wrist, shoulder and knee damage from trying to catch the fall.
• Lost riding season income for people who ride for work or deliveries.
• Damage to gear, which is often expensive and gets left out of property claims.

Insurers sometimes ask riders to attend a defense medical exam. The doctor is chosen and paid by the other side. Your lawyer should prepare you for it and, where possible, have your own treating doctors respond to its findings. If no one has talked to you about any of this, ask your current lawyer before you settle on anything.

Motorcycle crash evidence that goes missing

• The bike. Insurers often total motorcycles fast. Once it is sold for salvage, the damage pattern that shows angle and speed is gone.
• Your gear. Helmet, jacket, gloves and boots show where you hit and how hard. Don’t throw them out.
• Helmet cam or phone video. Download and back it up now.
• Scene marks. Gouges, skid marks and debris fade or get cleaned up within days.
• Nearby cameras. Business and traffic video is often overwritten quickly.

If your current lawyer never had the bike inspected or never asked for video, that is something to raise now. It may still be possible. It gets harder every week.

Deadlines on a Washington motorcycle claim

You generally have three years from the crash to file suit under RCW 4.16.080(2). If a road hazard on a city or county street played a part, such as a pothole or gravel left after work, a claim form has to be presented first with a 60-day waiting period under RCW 4.96.020. Changing lawyers does not pause any of these dates.

Your fee if you switch

Riders often worry about paying twice. With us you don’t. Our fee percentage is the same as for any new client, and whatever the earlier lawyer can claim for their time is paid from our share. Costs the first firm advanced are normally paid back out of the recovery. If there is no recovery, there is no fee and no cost to you. If you want to know what your case may be worth, see what affects motorcycle accident claim value.

If a release has already been signed and the case closed, that usually ends the claim, and a new lawyer can’t change it.

Sources

1. Washington RPC 1.16, declining or terminating representation (courts.wa.gov)
2. RCW 48.22.030, underinsured, hit-and-run and phantom vehicle coverage (app.leg.wa.gov)
3. RCW 48.22.005, PIP definitions (app.leg.wa.gov)
4. RCW 46.37.530, motorcycle helmet and equipment rules (app.leg.wa.gov)
5. RCW 46.61.608, motorcycle lane use and lane splitting (app.leg.wa.gov)
6. RCW 4.22.005, contributory fault reduces but does not bar recovery (app.leg.wa.gov)
7. RCW 4.16.080(2), three-year limit for injury actions (app.leg.wa.gov)
8. RCW 4.96.020, local government claim and 60-day wait (app.leg.wa.gov)