The crash seemed to happen in slow motion. You saw the driver pulling in front of you, leaving you no time to get out of the way.
When you finally come to, you see the driver standing above you. But it’s not a look of concern they have on their face — more one of anger. Then they proceed to berate you for wearing black clothing that made you “invisible.”
You are free to wear whatever colors you want
It is true that black can be harder to see than other colors, but there is no legal expectation for motorcyclists to wear brighter clothing. It’s a matter of personal choice, and your claim should not suffer because of it.
Further, the color of your clothing likely does not explain why the crash happened, as evidenced by the fact that even motorcyclists who wear high-visibility items sometimes are struck by drivers. While brighter clothing might have increased the chances that the driver saw you, there are multiple reasons why drivers often fail to spot motorcyclists.
One is that they are distracted – perhaps by their phone, their passengers, something they’re listening to or their own thoughts. Another is that drivers sometimes get lazy about checking the road around them properly. They pull out or move across a lane without first making sure it is safe to do so.
Finally, some drivers look “straight through” a motorcyclist — looking at them but not actually registering them. This is called “inattentional blindness.” It occurs because the brain literally cannot take in everything it “sees” in a scene, so it filters some things out.
Culpable drivers can sometimes put up a lot of resistance when it comes to accepting the blame in a crash they caused, as can their insurers when it comes to compensating motorcyclists. This is one reason why seeking legal guidance is always wise — however clear-cut you think your claim is.