Motorcycle Accident FAQ

I was in a traffic accident when a car turned left in front of me while I was riding my motorcycle. Who is at fault? 

Whenever a car is making a left turn, it is almost always liable for any collision involving a vehicle coming straight from another direction. However, there are also exceptions, like when the vehicle that was going straight was over the speed limit or running with the red light.

What does “comparative negligence” mean when determining who is liable for a traffic accident?

Comparative negligence apportions, by minimizing the fault among the drivers involved in an accident based on their degree of carelessness that contributed to the accident. When there us a motorcycle involved, a common example of comparative negligence might be where the motorcycle’s headlamp, brake light, or tail light is out, especially if the accident happened at night.

Will my health insurance coverage or paid sick leave from work limit my recovery for my motorcycle accident?

If your injuries were caused by a motorcycle accident, whether you paid for medical care out of your own pocket or your health insurance covered it is not relevant. It is also not relevant whether your lost time at work was covered by sick leave or vacation pay. However, it is important to note that your own health insurance carrier may require that you reimburse it. The reimbursement might come from any settlement award that you may gain after the insurance has already paid for it.

What should I do if I am involved in an accident on my motorcycle?

There will be times when you will be unable to immediately meet a lawyer who can help you fix your mess. However, it is very important to make sure that you do not admit your fault because this might bar you from any settlement you may ask. If possible, you should take photos of any injuries or damage to your motorcycle. Keep copies of any medical records or bills, and make records of any related expenses.

I ride a motorcycle recreationally, usually only on weekends. Do I have to wear a helmet?

You may be required to wear a helmet whenever you are riding a motorcycle. The requirements might be different in different states. For many states, wearing helmets is required for both drivers and passengers. You can call your local Department of Motor Vehicles if you want to find out the requirements of wearing helmet in your state.

I was injured in a motorcycle accident, but I wasn’t wearing a helmet. Can I still recover damages from the other driver?

In spite of the fact that wearing a helmet is required in the state where the accident happened, this will not prevent someone from recovering damages from the one at fault. The issue of wearing helmets, however, will be material in the determination of the amount that a person can recover. This is in recognition of the fact that not wearing helmets led to a more serious injury.

How do I know if a motorcycle helmet is acceptable under my state’s helmet law?

It is important that you make it a point to see that a motorcycle helmet conforms with the federal law on how helmets should be. Helmets that comply with the minimum requirements of the law will have a “DOT” certification.

I ride a motorcycle and I don’t understand how the state can legally tell me I have to wear a helmet. Is that really something they can do?

Many courts have already ruled that the requirement of wearing helmet is a valid exercise of state power. This is also a way of protection of state’s interest because the state can minimize the cost of dealing with medical policies if there will be less accident.

Must I tell the police if I am involved in a traffic accident?

If a traffic accident involves a death, personal injury, or property damage above a specific amount, it is your duty to notify the police and submit a written police report in order for them to have records of what happened.

If I get into an accident on my motorcycle, should I get a lawyer to help me?

When things get more serious, there will be a need to enlist a more experienced lawyer in order to help you out with your legal claims for damages. There will surely be issues on your potential case and you need to make sure that on your part, there was compliance with the motor vehicle regulations and traffic laws.

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