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A motorcycle crash is rarely a small thing. Motorcyclists have no airbags, no crumple zones, and no steel frame between them and the road. When a driver fails to look, fails to yield or fails to see, the consequences fall almost entirely on the person on the motorcycle. A motorcyclist rarely walks away from a collision the same way a driver of a car may.

Silver Golub & Teitell (SGT) represents Connecticut motorcyclists and their families in the most serious crash cases. If you or a loved one has been seriously injured in a motorcycle accident, a Connecticut motorcycle accident lawyer at the firm can help.

A few features of Connecticut law shape how motorcycle accident cases play out.

Helmet requirements

Connecticut requires helmets only for riders and passengers under 18, under Connecticut General Statutes § 14-289g. Adult riders are not required to wear a helmet. Whether a rider was wearing a helmet does not change the at-fault driver's liability for causing a crash, but may be relevant for other issues in the case.

Lane splitting is illegal

Connecticut does not allow motorcyclists to share a lane with a moving car or to weave between lanes of stopped or slow-moving traffic. A rider who was lane splitting at the time of a collision may face comparative-fault arguments from the defense.

Mandatory motorcycle endorsement

Operating a motorcycle in Connecticut requires a motorcycle endorsement on a driver's license. Riding without the proper endorsement can complicate a claim, though it does not bar recovery against an at-fault driver.

Comparative negligence

Connecticut applies a modified comparative negligence rule. A motorcyclist who is partially at fault for a crash may still recover, but only if the rider's share of fault is 50 percent or less. This is known as contributory negligence in Connecticut. If a plaintiff is found to be contributorily negligent, and the percentage of fault assigned to the plaintiff is 50 percent or less, then the recovery is reduced by the plaintiff’s percentage of fault. If a rider is found to be more than 50 percent at fault, then they recover nothing. Comparative fault is contested in many motorcycle cases, and defense lawyers routinely attempt to shift fault to riders based on assumptions about motorcyclists generally rather than the facts of the specific case.

Uninsured and underinsured motorist coverage

Connecticut requires every auto insurance policy, including motorcycle policies, to include uninsured motorist (UM) and underinsured motorist (UIM) coverage. UM/UIM coverage is particularly important for motorcyclists, whose injuries often exceed the limits of an at-fault driver's policy. A rider's own UM/UIM coverage can pay the difference, up to the policy limits depending on certain factors, including available insurance (or lack thereof) from the driver at fault.

The most serious motorcycle cases the firm sees tend to involve recurring patterns of driver conduct, not riders losing control on their own. The most common causes include the following:

Left-turn collisions. A driver turning left across a rider's path, often after failing to see an oncoming motorcycle, is among the deadliest types of motorcycle accidents. The driver's standard explanation, "I didn't see them," is often at the heart of the case.

Distracted driving. Drivers looking at phones, navigation, or anything other than the road are a leading cause of motorcycle injuries. Motorcycles are smaller and easier to miss than cars, and a moment's inattention can mean catastrophe for a rider.

Lane changes and merging. Drivers who fail to check blind spots before changing lanes regularly clip or sideswipe motorcyclists. A glancing contact at highway speed can throw a rider into other traffic or into the roadway.

Following too closely. A car following too closely behind a motorcycle cannot stop in time when the rider brakes for traffic or road conditions. Rear-end collisions involving motorcycles often result in ejection.

Impaired driving. Alcohol, drugs, and certain medications impair judgment and reaction time. A rider is disproportionately at risk when an impaired driver is on the road.

Dangerous road conditions. Potholes, gravel, debris, defective pavement, and poorly maintained intersections affect motorcycles far more severely than cars. When a public entity or contractor is responsible for a hazardous condition, they may share liability.

Defective motorcycle equipment. Tires, brakes, fuel systems, and other components can fail. When a defect contributes to a crash or to the severity of injuries, the manufacturer may bear responsibility.

Even at moderate speeds, a motorcycle crash can produce devastating injuries. The firm's cases routinely involve:

  • Traumatic brain injuries, from concussion to severe traumatic brain injuries (TBI) with permanent cognitive impairment
  • Spinal cord injuries, including incomplete and complete injuries that can result in partial or total paralysis
  • Multiple fractures, particularly to the legs, pelvis, and arms, often requiring multiple reconstructive surgeries
  • Internal organ damage from blunt force trauma
  • Road rash and burn injuries, which can require skin grafting and leave permanent scarring
  • Amputation of limbs in severe collisions
  • Facial fractures and dental injuries
  • Psychological injuries, including post-traumatic stress, anxiety, and depression
  • Fatal injuries, where the family is left to pursue a wrongful death claim

A rider can sustain serious injury even when wearing full protective gear. Many of the most serious motorcycle injuries do not present fully in the hours after a crash. Brain injuries can present subtly. Internal bleeding can be hidden. Prompt and thorough medical care, and careful documentation of every symptom, makes a substantial difference.

The first priority after any crash is safety and medical care. Beyond that, a few steps protect both the rider's health and the strength of an eventual claim.

Call 911 and report the crash. A police report is one of the most important documents in any motorcycle accident case. Insist on one, even if the driver tries to talk you out of it.

Get medical attention. See a doctor even if injuries appear minor. Many serious motorcycle injuries do not present obvious symptoms immediately, and a gap between the accident and the first medical visit is something defense lawyers will exploit.

Document the scene. Photograph the motorcycle, the other vehicle, the road, traffic controls, debris, skid marks, and any visible injuries. Note weather and lighting. Get the names and contact information of witnesses.

Exchange information. Get the other driver's name, address, license number, insurance carrier, policy number, and vehicle information.

Be careful what you say. Do not apologize, do not admit fault, and do not minimize your injuries. Insurance adjusters routinely call within days, sometimes recording the conversation. Statements made before the full extent of an injury is understood can be used against a claim later. Speak with a lawyer before giving any recorded statement.

Preserve the motorcycle. Do not have the motorcycle repaired, scrapped, or sold until your lawyer has had a chance to inspect it. The motorcycle is often the most important physical evidence in the case.

Notify your own insurance carrier. Most policies require prompt notification of any accident.

Contact a lawyer early. Evidence disappears. Witnesses move. Surveillance footage gets overwritten. The earlier a lawyer is involved, the more effectively the case can be investigated.

Contact a lawyer early. Evidence disappears. Witnesses move. Surveillance footage gets overwritten. The earlier a lawyer is involved, the more effectively the case can be investigated.

Motorcycle cases require lawyers who understand both the technical realities of how a crash occurs and the cultural reality that jurors sometimes start with assumptions about motorcyclists. Overcoming those assumptions requires the same care and resources the firm brings to its largest cases.

SGT does not approach a serious motorcycle accident the way most firms do. SGT only accepts cases where the fault is clear and the rider has suffered serious injuries. When the firm accepts a case, it commits the full financial and legal resources of the firm to that case, and it brings to bear a set of tools most plaintiffs' firms do not have.

The firm has relationships with many experienced physicians who are deeply involved in the investigation of every case. That medical perspective allows the firm to evaluate injuries, identify causation issues, and prepare for the medical questions a defense lawyer will raise long before opposing counsel does.

SGT uses sophisticated trial preparation techniques, including focus groups, to test how real Connecticut jurors react to the facts of a case before trial. Focus group work is particularly valuable in motorcycle cases, where juror predispositions toward riders can shape outcomes and need to be understood early.

The firm retains accident reconstruction experts and other technical specialists to establish exactly how a crash occurred and why.

SGT also commissions case-presentation work that helps jurors and adjusters understand the daily reality of a serious injury. 

The firm maintains a national network of expert witnesses, including leading physicians, surgeons, life-care planners, and economists, who are available to evaluate cases and testify when needed.

Liability in a motorcycle case can extend beyond the most obvious defendant. The driver who struck a rider is usually the primary defendant, but others may share responsibility:

  • The employer of an at-fault driver, when the driver was working at the time
  • The owner of the vehicle, under Connecticut's family car doctrine and other theories
  • A vehicle or motorcycle manufacturer, when a defect contributed to the crash or to the severity of the injuries
  • A maintenance provider or mechanic, when negligent service caused a failure
  • A commercial establishment that overserved alcohol to an impaired driver, under Connecticut's dram shop laws
  • A state or municipal entity responsible for road design and maintenance, when dangerous road conditions contributed to the crash

Identifying every responsible party is essential to securing the full recovery to which a rider is entitled, particularly when the most obvious defendant has limited insurance coverage. The firm investigates every case with this breadth in mind.

Fault in a motorcycle case is determined by the same negligence principles that govern other personal injury claims. A plaintiff must establish that the defendant owed a duty of reasonable care, that the defendant breached that duty, that the breach caused the crash, and that the rider suffered measurable harm as a result.

Evidence of fault typically includes police reports, witness statements, photographs and video, vehicle damage analysis, electronic data from the vehicles, traffic camera and surveillance footage, dashcam footage where available, and the testimony of accident reconstruction experts. Connecticut also recognizes the concept of negligence per se, under which violation of a traffic statute can establish negligence as a matter of law.

Motorcycle cases often turn on disproving the "I didn't see them" defense. Establishing that the rider was visible, that the at-fault driver had time and opportunity to see them, and that the failure to do so was negligent (not unavoidable) requires careful investigation, reconstruction, and presentation. It is exactly the work the firm is built to do.

Connecticut law allows victims of motorcycle accidents to recover both economic and noneconomic damages. Economic damages cover quantifiable financial losses: past and future medical expenses, the cost of long-term or lifetime care, lost wages, lost earning capacity, and property damage to the motorcycle and any contents. Noneconomic damages compensate for pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and loss of consortium for spouses and family members. In wrongful-death cases, damages may include the value of the decedent's lost earnings and the financial and emotional losses to surviving family members.

Because motorcycle injuries are often severe, the value of a case frequently exceeds the limits of the at-fault driver's policy. In those cases, the rider's own UM/UIM coverage becomes critical, and pursuing it against the rider's own carrier requires the same kind of representation as a claim against the at-fault driver's insurer.

Connecticut's statute of limitations for personal injury claims, including motorcycle accident claims, is two years from the date of the injury, under Connecticut General Statutes § 52-584. Different rules apply to certain categories of claim, including wrongful death (which has its own two-year limitations period, with additional outer limits), claims against government entities (which require notice within a much shorter window), and claims involving minors.

Because these deadlines are strict and because evidence is most useful when preserved early, riders or their families should contact a Connecticut motorcycle accident lawyer as soon as possible.

Request a Free Consultation With Our Connecticut Motorcycle Accident Lawyers

If you or a loved one has been seriously injured in a motorcycle accident, the firm is here to help. Consultations are free and confidential. Call SGT at (203) 325-4491 or contact us online to speak with a Connecticut motorcycle accident lawyer about your case.