Author: Jason Waechter | Date: April 26, 2025 | Category: MC Legal Minute
Are motorcycles hard to see, or do drivers fail to properly look for them? In this Motorcycle Legal Minute™, Jason Waechter, The Motorcycle Lawyer®, explains how insurance companies and defense attorneys may use the “I didn’t see the motorcycle” excuse after a Michigan motorcycle accident — and how evidence such as motorcycle lights, visibility, sound, and driver responsibility can become important in an injury claim.
The Motorcycle Legal Minute™ was created by Jason Waechter, The Motorcycle Lawyer®, to explain Michigan motorcycle law in a short and easy-to-understand way.
After a motorcycle crash, drivers often say some version of the same thing: “I didn’t see the motorcycle.” Sometimes that statement is treated like an excuse. Sometimes insurance companies and defense attorneys try to use it to suggest that motorcycles are simply hard to see and the driver should be forgiven.
But that is not the right way to look at many motorcycle accident cases. Drivers have a duty to see what is there to be seen. If a motorcyclist was lawfully on the road, using proper lighting, riding in traffic, and operating where the driver should have been looking, the question is not just whether the driver claims he or she did not see the motorcycle. The real question is whether the driver failed to look carefully enough.
Let’s talk about how to combat a defense attorney who tries to exploit a prejudice against motorcycles. In essence, the defense may ask a jury to forgive the driver because “you just can’t see these motorcycles.”
That kind of argument can be dangerous because it shifts attention away from the driver’s responsibility. It may make the crash sound unavoidable, even when the driver failed to yield, turned left in front of the motorcycle, pulled out from a side street, changed lanes unsafely, or simply did not pay enough attention.
In a motorcycle injury case, the goal is to bring the focus back to the facts: where the motorcycle was, what the driver should have seen, what the motorcycle’s lights looked like, whether the rider had the right-of-way, and whether the driver made a mistake that caused the crash.
One way to fight the “I didn’t see the motorcycle” excuse is to look closely at motorcycle visibility evidence. In many cases, the motorcycle was not invisible at all. It may have had a large center headlight, additional running lights, amber lights, front fender lights, reflective surfaces, or other visibility features.
Jason Waechter, The Motorcycle Lawyer®, has used this type of evidence in motorcycle accident cases. For example, when a client testifies, Jason may ask about the light configuration on the front of the motorcycle. If the motorcycle had a large white LED headlight, smaller lights on each side, amber running lights, and another amber light on the front fender, that matters.
The point is simple: the motorcycle was there to be seen.
In some cases, the motorcycle’s sound may also become part of the discussion. If a motorcycle had a loud exhaust system, the defense may have a harder time suggesting the rider appeared out of nowhere or was impossible to notice.
Of course, every case depends on the facts. Motorcycle sound does not replace safe riding, proper lighting, or driver responsibility. But when a defense attorney tries to claim the motorcycle could not be seen or noticed, the total visibility and awareness picture can matter.
That may include the motorcycle’s lights, lane position, weather, traffic conditions, time of day, sight lines, vehicle damage, witness statements, and whether the driver had enough time and space to see the motorcycle before impact.
When arguing a motorcycle accident case, Jason may explain it this way: the motorcyclist was there to be seen. The driver had a duty to see what was there. If the motorcycle was lit up with multiple lights and the driver still failed to see it, that may support the argument that the driver was not paying proper attention.
This is especially important in common Michigan motorcycle crash scenarios, including left-turn accidents, lane-change crashes, intersection collisions, rear-end crashes, and crashes where a car pulls out in front of a motorcycle.
If you were injured in a Michigan motorcycle accident and the driver says, “I didn’t see the motorcycle,” do not assume that ends the case. That statement may actually support the argument that the driver failed to make a proper observation.
Insurance companies may try to use motorcycle visibility bias against injured riders. They may suggest the rider was hard to see, came out of nowhere, or should have done more to avoid the crash. An experienced motorcycle accident lawyer can push back by investigating the scene, the motorcycle, the lighting, the roadway, the driver’s actions, and the evidence showing the rider was visible and had the right to be on the road.
For broader accident-cause information, see our guide to 14 Motorcycle Accident Causes in Michigan.
After a motorcycle crash, the following evidence may help show that the motorcycle was there to be seen:
The earlier this evidence is preserved, the better. Important photos, videos, and witness memories can disappear quickly after a crash.
Motorcycle riders are often unfairly blamed after crashes. When a driver says the motorcycle was hard to see, the insurance company may try to use that statement to reduce or deny responsibility. That is why it is important to protect the evidence, document the crash, and get legal guidance before giving statements to the insurance company.
For a deeper written explanation of this issue, see our related guide: What If the Driver Says They Didn’t See the Motorcycle?
Because motorcycle lighting can become important in visibility-related crash cases, you may also want to read: Michigan Motorcycle Headlight Laws.
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