Author: Jason Waechter | Date: April 26, 2025 | Category: MC Legal Minute
When a driver says, “I didn’t see the motorcycle,” the insurance company may try to make the crash sound unavoidable. In this Motorcycle Legal Minute™, Jason Waechter, The Motorcycle Lawyer®, explains why the “motorcycles are hard to see” defense should not excuse a negligent driver who failed to look, failed to yield, or failed to see what was there to be seen in a Michigan motorcycle accident.
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.
Defense attorneys sometimes argue in court that “motorcycles are hard to see.” They say this after their negligent client causes a motorcycle accident and claims, “I didn’t see him.”
That argument can be dangerous because it tries to turn a driver’s failure to see a motorcycle into an excuse. In many cases, the motorcycle was in plain view. The rider had the right-of-way. The driver simply failed to make a proper observation before turning, pulling out, changing lanes, or crossing traffic.
Some defense attorneys use a concept called “inattentional blindness” to explain why a driver may fail to notice something unexpected, even when it is in plain sight. They may suggest that a driver looked but failed to see the motorcycle because the human brain sometimes misses unexpected objects.
That may be an explanation for how a crash happened, but it should not automatically become a valid legal defense. A driver still has a duty to look carefully, pay attention, yield when required, and make sure it is clear and safe before turning or pulling into traffic.
Calling something “inattentional blindness” does not change the driver’s legal responsibility. If a driver fails to see what is plainly there to be seen, the injured motorcyclist should not be blamed simply because the vehicle was a motorcycle.
Drivers are repeatedly taught to watch for motorcycles. They are reminded that motorcycles are part of traffic. Michigan has many registered motorcycles on the road, and on any nice riding day, drivers should expect to see motorcyclists.
When a driver says, “I didn’t see the motorcycle,” the important question is not whether the driver has an explanation. The important question is whether the driver acted reasonably under the circumstances.
Imagine if someone tried to excuse other dangerous conduct by giving it a scientific-sounding name. A label may explain behavior, but it does not make harmful conduct acceptable. The same is true when a car driver fails to see a motorcycle that was lawfully on the road.
The motorcyclist was there. The driver had a duty to see what was there. If the driver failed to look carefully enough, failed to yield, or turned across the motorcycle’s path, the “I didn’t see him” excuse should not erase responsibility for the harm caused.
The “I didn’t see the motorcycle” defense often appears in crashes involving:
In each of these situations, the defense may try to make the motorcycle sound hard to see. But a driver’s failure to notice a motorcycle does not automatically mean the rider did anything wrong.
Strong evidence can help show that the motorcycle was visible and that the driver should have seen it. Important evidence may include:
The more evidence that can be preserved early, the harder it may be for the insurance company to unfairly claim the motorcycle appeared out of nowhere.
Motorcyclists can improve visibility with proper headlights, running lights, reflective gear, safe lane positioning, and defensive riding. But visibility does not remove the driver’s duty to pay attention.
A motorcycle does not have to be as large as a pickup truck to be entitled to the road. A motorcyclist has the same right to be seen, respected, and protected from negligent driving.
For more on motorcycle visibility evidence, see our related Motorcycle Legal Minute: Are Motorcycles Hard to See?
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 these cases, you may also want to read: Michigan Motorcycle Headlight Laws.
Motorcyclists often face unfair assumptions after a crash. Insurance companies may suggest that riders are harder to see, harder to judge, or partly responsible simply because they were on a motorcycle.
That is exactly why motorcycle accident cases need to be investigated carefully. The focus should stay on the facts: what the driver did, what the driver should have seen, whether the rider had the right-of-way, and whether the crash could have been avoided if the driver had paid proper attention.
Our mission is to get injured motorcyclists the best possible result, as fast as possible.
Motorcycle case results include: $27,512,000 – $2,000,000 – $2,000,000 – $1,500,000 – $1,400,000 – $1,250,000 – $1,200,000 – $1,000,000.
CALL NOW
Results may vary depending on your particular facts and legal circumstances.
Provide a few simple details about your injury and our team will take it from there.