About the Author — Travis Mayor, Mayor Law LLC
Former insurance defense attorney at Hoffman Hart & Wagner · Graduated summa cum laude, first in his class, UDC School of Law (2005) · Editor-in-Chief, Law Review · Won his first jury trial as a second-year law student · Super Lawyers Rising Star — Oregon · 70+ five-star client reviews on Google, Yelp & AVVO · Tens of millions recovered for Oregon injury victims · $1,025,000 motorcycle crash settlement · $800,000 motorcycle crash settlement
Here is a fact that surprises almost everyone who has ever been in a motorcycle crash: in the majority of multi-vehicle collisions, the person on the motorcycle is not the one who caused it.
That is not a legal opinion or an attorney’s spin. It comes straight from the National Highway Traffic Safety Administration (NHTSA) — the federal agency that tracks every traffic fatality in the United States. And yet, if you have ever dealt with an insurance company after a motorcycle crash, you already know their first move: find a way to blame the rider.
Understanding the real fault statistics behind motorcycle accidents isn’t just academically interesting. It could be the difference between walking away from an insurance settlement with nothing and recovering the full compensation you are owed. As a Portland motorcycle accident attorney who spent years on the other side of these cases as an insurance defense lawyer, I have seen exactly how this game is played — and I built Mayor Law to flip the table on it.
The Number That Changes Everything: 60%
When a motorcycle and a passenger vehicle collide, fault is not a coin flip. The data is clear and consistent across decades of federal crash research:
In up to 60% of multi-vehicle
motorcycle crashes…
…the car driver is either partially or fully at fault — not the rider.
That figure comes from NHTSA crash data and peer research on multi-vehicle collision causation. It means that in the majority of crashes where a motorcycle and another vehicle collide, the motorcycle rider was simply in the wrong place at the wrong time — the wrong place being directly in the path of a car driver who failed to look, failed to yield, or failed to respect the rider’s right of way.
Yet the dominant cultural narrative — reinforced by insurance adjusters, sometimes by police reports, and often by juries who have never ridden a motorcycle — is that riders are reckless. That narrative costs injured riders real money every day. It costs some riders their entire case.
The Left-Turn Problem: The Most Dangerous Moment in Motorcycling
If you ask any experienced rider what their greatest fear on the road is, most will give you the same answer: a car making a left turn.
The data backs them up completely. According to NHTSA’s own analysis of fatal two-vehicle motorcycle crashes:
NHTSA Fatal Crash Data — Two-Vehicle Motorcycle Collisions
43% of fatal crashes involved the other vehicle making a left-hand turn while the motorcycle was going straight, passing, or overtaking
21% involved both vehicles going straight — often a rear-end or lane-change collision caused by a driver who failed to see the rider
Source: NHTSA Traffic Safety Facts, two-vehicle fatal motorcycle crash analysis
Think about what that 43% figure actually means. Nearly half of all fatal motorcycle-car collisions are scenarios in which the motorcycle has the absolute right of way — traveling straight through an intersection or in a travel lane — and a car driver turns left across their path without seeing them. In the overwhelming majority of those crashes, the motorcycle rider did nothing wrong. They were simply invisible to a driver who wasn’t looking carefully enough.
This is not about reckless riders weaving through traffic. This is about car drivers making left turns without adequately checking for motorcycles. It is one of the most preventable types of crashes on the road — and it is the leading cause of fatal motorcycle accidents in the United States.
Why “I Didn’t See the Motorcycle” Is Not a Defense — It’s an Admission
After a crash, you will often hear the car driver say: “I just didn’t see them.” In everyday conversation, that sounds like an innocent mistake. In a civil liability context, it is an admission of negligence.
Drivers have a legal duty to see what is there to be seen. Oregon traffic law requires drivers making left turns to yield to oncoming traffic. A failure to see a motorcycle that was clearly present in the roadway — traveling with headlights illuminated, operating in a designated lane — is not an excuse. It is the very definition of a failure to exercise reasonable care.
The phrase “I didn’t see the motorcycle” is sometimes called SMIDSY by riders and crash researchers: Sorry Mate, I Didn’t See You. It is so common it has its own acronym. And yet insurance companies routinely use the same visibility argument in reverse — suggesting that a rider’s presence on a motorcycle, which is smaller than a car, somehow makes them partly responsible for being struck. This is a legal argument, not a factual one. And it is one of the most important arguments an experienced motorcycle attorney can challenge.
“Having spent years as an insurance defense attorney, I know the exact playbook they use to blame riders. The moment I switched sides, I dedicated my practice to dismantling those arguments — because in most cases, the data simply doesn’t support them.”
— Travis Mayor, Founder, Mayor Law LLC — Former Insurance Defense Attorney, Hoffman Hart & Wagner
Oregon’s Statistics Make It Even More Urgent
Oregon’s riding culture, its weather, and its road infrastructure create a specific set of risks that are worth understanding. According to U.S. Department of Transportation data cited directly in Oregon crash research:
- Motorcyclists in Oregon are 6.5 times more likely to be involved in a fatal accident than occupants of passenger vehicles
- Oregon motorcyclists are more than 8 times more likely to sustain major injuries than vehicle occupants in the same crash
- Motorcycles represent less than 1% of vehicles on Oregon roads, yet account for a dramatically disproportionate share of serious injury and fatality crashes
- Nationally, motorcycles make up just 3% of registered vehicles but account for 15.5% of all traffic fatalities — a ratio that reflects the severity of crashes, not recklessness
That disproportionate fatality and injury rate is not primarily a story about rider behavior. It is a story about physics, visibility, and what happens to a human body on a motorcycle when a 4,000-pound car turns into their path without warning. The severity of the outcome does not reflect the fault of the rider. It reflects the fundamental vulnerability of riding without a steel cage around you.
The Insurance Company’s First Move After a Motorcycle Crash
Here is something I learned during my years defending insurance companies at Hoffman Hart and Wagner, before I founded Mayor Law: the moment a motorcycle crash is reported, the insurer’s adjuster begins building a file aimed at minimizing the payout. And for motorcycle claims, their first instinct is almost always to find evidence of rider fault — even when the accident report doesn’t support it.
The tactics they use include:
- Implying speed. Motorcycles appear to move faster than they are traveling to drivers with less experience watching them. Adjusters will suggest the rider was speeding based on witness perception alone, even without any objective evidence.
- Leveraging gear choices. If a rider wasn’t wearing full protective gear, adjusters may argue it as evidence of recklessness — even though in Oregon, adult riders have no legal requirement to wear a jacket or gloves.
- Questioning lane position. Any deviation from the exact center of a lane — something every experienced rider does deliberately for safety and visibility — can be spun as erratic or dangerous behavior.
- Rushing a recorded statement. Adjusters may contact you within hours of the crash, before you fully understand the extent of your injuries, hoping you will say something that reduces their liability.
- Using the police report as gospel. First responders are not accident reconstructionists. A police report that suggests rider fault is not the final word — but insurance companies treat it as though it is.
The Portland motorcycle crash attorneys at Mayor Law know all of these tactics firsthand — because I used some of them myself when I was on the defense side. I know exactly when they apply, and more importantly, I know exactly when they don’t.
Oregon’s Comparative Fault Rule: Why It Matters for Riders
Oregon follows a modified comparative fault rule under ORS 31.600. What this means in practice:
- You can recover compensation as long as you are found to be less than 51% at fault for the accident
- Your compensation is reduced in proportion to your percentage of fault — so if you are found 20% at fault, you recover 80% of your total damages
- If you are found 51% or more at fault, you recover nothing
This rule makes the fault determination in your motorcycle case enormously consequential. The difference between being assigned 20% fault and 45% fault can mean tens of thousands of dollars. The difference between 49% fault and 51% fault can mean the difference between any recovery and none at all.
Insurance companies know this. They specifically target the 51% threshold when negotiating motorcycle claims, trying to push the rider’s assigned fault across that line to eliminate their obligation to pay. Having an attorney who understands this strategy — and who has the evidence-gathering tools to counter it — is not optional. It is essential.
What the Data Says About Motorcycle Riders More Broadly
To be fair, the statistics are not universally flattering to riders. The same federal data that shows riders are often not at fault also reveals:
- 26% of motorcycle riders killed in fatal crashes in 2023 had a blood alcohol concentration above the legal limit — the highest rate of any vehicle category
- 36% of motorcycle riders in fatal crashes were found to be speeding — compared to 22% for passenger car drivers
- 34% of motorcycle riders in fatal crashes were riding without valid motorcycle licenses
These statistics matter. They are not a condemnation of motorcycling — they are a portrait of preventable risk factors. The riders in those statistics were not typical accident victims pursuing insurance claims. They are the outliers whose behavior shifts fault legitimately onto themselves.
But here is the critical point: if you are a licensed, sober rider who was struck by a car whose driver failed to yield your right of way, you do not belong in those statistics. You belong in the 60% — the majority of multi-vehicle crash victims whose fault the data places squarely on the other driver. The insurance company will try to move you into the former category. Your attorney’s job is to keep you in the latter.
Frequently Asked Questions
Who is usually at fault in a motorcycle accident?
In up to 60% of multi-vehicle motorcycle crashes, the car driver is either partially or fully at fault. NHTSA data shows that 43% of fatal two-vehicle motorcycle collisions involved the other vehicle making a left-hand turn across an oncoming motorcycle’s path. Despite the data, insurance companies routinely attempt to blame the rider first. A Portland motorcycle accident attorney can challenge that narrative with crash reconstruction evidence and expert witnesses.
What is the most common cause of motorcycle accidents involving another vehicle?
The left-turn crash. According to NHTSA, 43% of all fatal two-vehicle motorcycle collisions occur when the other vehicle turns left while the motorcycle is going straight. In almost every case, the motorcycle has the right of way. The car driver simply failed to see the rider — which is a failure of reasonable care, not a defense.
Can I still recover compensation if the insurance company says I was at fault?
Yes, in most cases. Oregon’s modified comparative fault rule (ORS 31.600) allows you to recover damages as long as you are found less than 51% responsible for the crash. Your recovery is reduced proportionally by your percentage of fault — but it is not eliminated unless you are the majority cause. Insurance fault determinations are not final. They are opening arguments. An experienced motorcycle attorney can challenge them with evidence.
Why do insurance companies blame motorcycle riders even when they are not at fault?
Because it works — when riders don’t have legal representation. Insurance adjusters exploit cultural bias against motorcyclists, ambiguities in police reports, and the sheer complexity of fault determination to reduce or deny valid claims. As a former insurance defense attorney, Travis Mayor of Mayor Law LLC understands precisely how these tactics are constructed — and how to dismantle them.
What to Do If You’ve Been in a Motorcycle Crash in Portland
The first 72 hours after a motorcycle crash are the most critical for your legal case — not just for your health, but for the preservation of evidence that will determine fault. Here is what matters most:
- Get medical attention immediately, even if you feel okay. Adrenaline masks serious injuries, and a medical record from the day of the crash is foundational to your claim.
- Do not give a recorded statement to the other driver’s insurance company before speaking with an attorney. Their adjuster is not your ally.
- Document everything you can — photos of the scene, your bike, the other vehicle’s position, skid marks, traffic signals, and your injuries.
- Get witness contact information before leaving the scene if at all possible.
- Call Mayor Law. The consultation is free, there are no upfront fees, and you will speak directly with Travis Mayor — not an assistant or a case manager.
About the Author
Travis Mayor, Esq.
Founder & Personal Injury Attorney · Mayor Law LLC · Portland, Oregon
Travis Mayor graduated summa cum laude and first in his class from the University of the District of Columbia School of Law in 2005, where he also served as Editor-in-Chief of the Law Review and won his first jury trial as a second-year student. He began his career at Hoffman Hart & Wagner, one of Portland’s leading insurance defense firms, where he spent three years learning exactly how billion-dollar insurance companies evaluate, fight, and minimize personal injury claims. He then spent five years on the plaintiff side before founding Mayor Law LLC in 2013 — a firm built entirely around using that inside knowledge to fight for injured Oregonians. Travis was selected as a Super Lawyers Rising Star in 2015 and has been recognized for his results and client service with 70+ five-star reviews across Google, Yelp, and AVVO. He has recovered tens of millions of dollars for injured clients, including a $1,025,000 motorcycle crash settlement and an $800,000 motorcycle crash settlement. Every client at Mayor Law has direct access to Travis from first call to final resolution — never a paralegal, never a junior attorney.
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This article is written by Travis Mayor, Esq. of Mayor Law LLC (121 SW Salmon St., Suite 1125, Portland, OR 97204 · (503) 610-0005 · mayorlaw.com) for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Statistics cited are sourced from NHTSA, the National Safety Council, and related federal crash data. Case results referenced are specific to those matters and do not guarantee similar outcomes. Oregon law and comparative fault rules may change; please consult a licensed Oregon attorney regarding your specific situation.