Honolulu Motorcycle Accident Lawyer
Still waiting for the insurance company to get back to you after your motorcycle accident? In Honolulu, injured riders often get blamed first and paid last.
Insurance adjusters know the game. Slow-walk your claim, downplay your injuries, and hope you settle for less than you deserve, or give up entirely. I’m Hawaii motorcycle accident lawyer Christopher D. Burk, and I have spent over 15 years making sure that game doesn’t work on my clients.
“I’ve sat across from riders who did everything right and still got blamed for the wreck. That’s not justice. That’s a system betting you’ll give up.”
~ Attorney Christopher D. Burk
Don’t let the insurance company control the compensation you recover. Call (808) 646-2020 for a free consultation with Burk Injury Lawyers in Honolulu. There’s no fee unless we win.
500 ALA MOANA BLVD
SUITE 7400
HONOLULU, HI 96813
Phone: (808) 646-2020
Available 24/7 by phone
Why Motorcycle Accident Cases in Honolulu Are Different
Motorcyclists face a bias that car drivers do not. Insurance adjusters may assume a rider was speeding, lane splitting, or taking unnecessary risks, even when another driver caused the crash. That bias can show up in delayed claims, disputed liability, and settlement offers that do not reflect the full harm the rider suffered.
We work to counter those assumptions from the start. Our firm focuses the case on the evidence, not the stereotype.
Honolulu adds another layer. The city’s heavy tourist traffic means local riders and visitors on rental motorcycles often share the road with drivers who are unfamiliar with Honolulu streets, distracted by navigation, or making sudden turns and lane changes.
That combination can make the crash harder to investigate and easier for the insurance company to dispute. Whether you were visiting Oahu on a rental bike or riding your own motorcycle when another driver hit you, the insurer may look for any reason to shift part of the blame onto you.
Burk Injury Lawyers does not rely on the insurance company’s version of events.
We investigate the crash independently, preserve traffic-camera and surveillance footage, interview witnesses, review the motorcycle and riding gear, and build a case that puts responsibility where it belongs.
Call (808) 646-2020 for a free consultation.
Accidents Involving Motorcycle Rentals in Hawaii
When motorcycle accidents involve rentals, questions arise that don’t apply to other types of crashes.
- Did the rental company properly inspect and maintain the motorcycle?
- Was the rider given a motorcycle with defective brakes, tires, lights, or controls?
- What insurance was included in the rental agreement?
- Did the rider purchase optional coverage?
- Could a personal policy, travel policy, or credit card benefit apply?
- Does a waiver in the rental contract affect the claim?
- How can an injured tourist continue the case after returning home?
Responsibility may rest with another driver, the rental company, a maintenance provider, a manufacturer, or more than one party. Several insurance policies may also apply.
That gives insurance companies more room to argue over fault, coverage, and who should pay. Burk Injury Lawyers works through those disputes. We identify every available source of compensation and keep the focus on what caused the crash and how it affected you.
Common Causes of Motorcycle Accidents in Honolulu
Most motorcycle accidents happen because another driver fails to see the rider, misjudges the motorcycle’s speed or distance, or makes a move without checking that the lane is clear.
In Honolulu, that can happen when a driver turns left across a rider’s path, changes lanes in heavy traffic, follows too closely, or looks at a phone instead of the road. Tourist traffic can add another problem. Drivers who are unfamiliar with Honolulu streets may hesitate, miss turns, or make sudden lane changes while following directions.
Common causes of motorcycle accidents include:
- Left-turn accidents
- Distracted driving
- Failure to yield
- Unsafe lane changes
- Speeding
- Following a motorcycle too closely
- Driving under the influence
- Opening a vehicle door into a rider’s path
- Dangerous road conditions
- Defective motorcycle parts or negligent maintenance
Is Lane Splitting Legal in Hawaii?
No. Hawaii law generally prohibits motorcycle riders from traveling between lanes of traffic or between adjacent rows of vehicles. Motorcycles are entitled to the full use of a lane, and other drivers cannot lawfully deprive them of that space.
That distinction can matter after a crash. An insurance company may accuse you of lane splitting or riding improperly in an effort to shift some of the blame onto you. What matters is what the evidence shows actually happened.
What If You Were Partly at Fault?
Sharing some responsibility for the crash does not automatically prevent you from recovering compensation. Under Hawaii’s comparative negligence law, you may still recover if your negligence was not greater than the combined negligence of the party or parties you are seeking compensation from. Any recovery is reduced by your percentage of fault.
Insurance companies know every percentage point matters. If they can put more of the blame on you, they can reduce what they have to pay. Burk Injury Lawyers investigates the crash independently and builds the case around the evidence, not the insurance company’s assumptions.
What Compensation Can You Recover?
Motorcycle insurance works differently from ordinary car insurance in Hawaii. If you were riding a motorcycle when you were injured, you should not assume Personal Injury Protection will automatically pay your medical bills. Hawaii law generally excludes motorcycle operators and passengers from PIP benefits under a standard motor vehicle policy unless that coverage is specifically provided.
That makes finding the right sources of compensation especially important. Depending on how the crash happened and the insurance involved, your claim may include coverage from the driver who caused the accident, your motorcycle policy, uninsured or underinsured motorist coverage, rental coverage, or another legally responsible party.
If someone else caused your injuries, the compensation available may include:
- Medical expenses: emergency care, hospitalization, surgery, medication, physical therapy, and future treatment related to your injuries
- Lost wages and reduced earning capacity: missed paychecks, lost opportunities, and reduced future income if your injuries affect your ability to work
- Pain and suffering: physical pain, emotional distress, and loss of enjoyment of life
- Property damage: your motorcycle, helmet, riding gear, and any other property damaged in the crash
- Long-term care and disability costs: ongoing treatment, home modifications, or assistive devices for serious injuries
Insurance companies want to close your claim before you know its full value. They’ll often send an offer that only covers what’s already happened, not what you’ll need six months or a year from now. Before you accept anything, talk to us. We evaluate the full impact of the crash, including the costs you may face in the future. Call (808) 646-2020 for a free consultation.
How to Prove Liability After a Motorcycle Accident
To recover compensation, you generally must establish that another party acted negligently and caused your injuries.
Evidence may include:
- Police accident reports
- Witness statements
- Traffic camera footage
- Surveillance video
- Photographs of the accident scene
- Medical records
- Cell phone records
- Vehicle damage documentation
- Accident reconstruction analysis
Evidence can help establish how the crash happened, who was responsible, and whether the insurance company’s version of events matches the facts.
What to Do After a Motorcycle Crash
The actions you take in the days and weeks after a motorcycle accident can have a significant impact on your injury claim. If you have already received medical treatment, your focus should be on protecting your health, preserving evidence, and avoiding mistakes that could affect your case.
Follow Your Treatment Plan
Continue attending follow-up appointments and follow your doctor’s recommendations. Gaps in treatment may give the insurance company an opportunity to argue that your injuries are not as serious as you claim.
Preserve Important Evidence
Keep copies of medical records, medical bills, repair estimates, photographs of the accident scene, and photographs of your injuries. If possible, save any communication you receive from insurance companies regarding the crash.
Be Careful When Speaking With Insurance Adjusters
Insurance companies often contact accident victims shortly after a crash. Adjusters may ask for recorded statements or request access to your medical records. Before providing statements or signing documents, make sure you understand how those decisions could affect your claim.
Document How Your Injuries Affect Your Life
Keep track of missed work, lost income, medical appointments, and the ways your injuries affect your daily activities. This information may help demonstrate the full impact of the accident on your life.
Speak With a Motorcycle Accident Lawyer
Evidence can disappear quickly after a crash. Our attorney can investigate your accident, preserve critical evidence, communicate with insurance companies, and help you pursue the compensation you may be entitled to recover.
Challenges Motorcycle Riders Face During Injury Claims
After a motorcycle accident, you may face challenges that other injury victims do not encounter.
Insurance companies frequently attempt to argue that:
- Motorcycles are inherently dangerous
- Riders assume the risk of injury
- Speed contributed to the crash
- The rider failed to avoid the collision
These arguments are often used to reduce claim values, even when the evidence supports the rider’s position. We work to ensure insurance companies focus on the facts of your case rather than unfair stereotypes about motorcycle riders.
Severe Injuries Often Lead to Long-Term Consequences
You may face challenges that extend far beyond the initial recovery period. Serious injuries can affect:
- Employment opportunities
- Future earning capacity
- Physical mobility
- Independence
- Family relationships
- Daily activities
A settlement should account for both current and future losses. Accepting a quick settlement may leave you without the financial resources necessary to address future medical needs.
Before accepting any offer, make sure you understand the full extent of your injuries and damages.
Wrongful Death Motorcycle Accidents
Motorcycle accidents are more likely to result in fatal injuries than many other types of traffic collisions. If you lost a loved one in a motorcycle accident, your family may have the right to hold the responsible party accountable and pursue compensation for the losses you have suffered.
Compensation may be available for:
- Reasonable burial expenses
- Medical expenses related to the deceased person’s final injury
- Loss of financial support
- Loss of companionship, care, guidance, or protection
- Other damages permitted by Hawaii law
Wrongful death claims involve important legal deadlines and procedural requirements. Taking immediate action can help protect your family’s rights.
Time Limits for Filing a Motorcycle Accident Claim in Hawaii
In most Hawaii motorcycle injury cases, you have two years after the claim accrues to file a lawsuit. If you miss the applicable deadline, you can lose your right to recover compensation. Some claims have different rules, so you should not assume every case gets the full two years.
Certain circumstances can affect filing deadlines, including claims involving government entities or wrongful death cases.
Because evidence can disappear and witness memories can fade, it is important to begin investigating a motorcycle accident as soon as possible.
Frequently Asked Questions About Motorcycle Accidents in Honolulu
You likely have questions about your rights and legal options after a motorcycle accident.
What happens if the at-fault driver does not have insurance?
You may still have options for recovering compensation even if the driver who caused the crash does not carry insurance. Depending on the circumstances, you may be able to pursue benefits through your own uninsured or underinsured motorist coverage. Other sources of compensation may also be available. Determining the available insurance coverage often requires a detailed review of the policies involved and the facts of the accident.
Do I have a case if a road hazard caused my motorcycle accident?
Possibly. Dangerous road conditions such as potholes, uneven pavement, missing traffic signs, poor roadway design, or debris in the road can contribute to motorcycle accidents. In some situations, a government agency, construction company, or another responsible party may be liable for failing to maintain safe road conditions. These claims often involve unique legal requirements and shorter deadlines than standard injury cases.
Will I have to go to court for my motorcycle accident claim?
Many motorcycle accident claims are resolved through settlement negotiations without going to trial. However, some cases require litigation when liability is disputed or the insurance company refuses to offer fair compensation. Preparing every case as though it may go to trial can strengthen your position during settlement negotiations and help ensure your claim is taken seriously.
What if my injuries prevent me from returning to the same job?
A serious motorcycle accident can affect your ability to perform the same work you did before the crash. If your injuries reduce your earning capacity or prevent you from returning to your previous occupation, you may be entitled to compensation for future lost income. These damages can be significant when injuries result in permanent limitations that affect your career and long-term financial stability.
How Legal Representation Strengthens Your Claim
When Burk Injury Lawyers takes your case, we do more than send letters to the insurance company. We work to find out what happened, preserve the evidence, and identify every party and insurance policy that may be responsible for your losses.
That can include:
- Securing traffic camera or surveillance footage before it is deleted
- Interviewing witnesses while the crash is still fresh in their minds
- Reviewing the motorcycle, helmet, riding gear, and vehicle damage
- Identifying all potentially responsible parties
- Reviewing the available insurance coverage
- Documenting how your injuries have affected your work, health, and daily life
- Preparing the case for litigation if the insurance company refuses to make a fair offer
Insurance companies make decisions based on the evidence they believe you can prove. Our job is to make sure they are not the only ones controlling that evidence or telling the story of how the crash happened.
Speak With a Honolulu Motorcycle Accident Lawyer Today
If the insurance company is delaying your claim, questioning your injuries, or trying to put the crash on you, you do not have to accept their version of what happened.
Burk Injury Lawyers will help sort out fault, insurance coverage, medical losses, and the evidence needed to support the claim.
Call Burk Injury Lawyers at (808) 646-2020 for a consultation today.