Question 1

Who can be held liable for injuries or death to motorcyclists and their passengers?

Accepted Answer

Motorcycles are obviously more dangerous to operate because of the lack of protection provided to the motorcyclist from the motorcycle. For every 100 motorcycle accidents, only 2 motorcycle riders will come out of an accident with no injuries. Injuries from motorcycle accidents tend to be more severe than other accidents. Motorcycles are much lighter in weight than automobiles, and do not have the protection of safety belts, air bags, and a safe frame support to protect the driver from flips and rollovers. Because of these reasons, injuries such as burns, brain injuries, bone fractures, and even amputations are among the most common injuries associated with motorcycle accidents. When driving, motorcyclists and operators of automobiles are to be aware of their surroundings on the highway. Because of their weight, motorcycles have a much shorter stopping distance than cars and trucks, and therefore anyone behind a motorcycle should allot for extra distance between their vehicle and the motorcycle. A motorcycle rider also has more blind spots, and less visual aids such as mirrors to aid in operation. Automobile operators should also use caution when changing lanes in front of a motorcycle because if the lane change is done too abruptly, the motorcyclist cannot swerve out of the way as sharp as a car, and will most likely result in an accident. Automobile operators should exercise courtesy to every other driver on the road, but especially to motorcyclists because they are more likely to be involved in an accident every time they are on the road. Frequently asked questions by those seeking consultation for motorcycle accidents: In most states, anyone who was at fault in the motorcycle accident may be held at least partially responsible. Typically, the driver of a car or truck is held at least partially liable. If the motorcycle operator is at fault, the operator can be held liable for injuries caused to the motorcycle passenger.

Question 2

What should I do if I think my motorcycle has a design defect?

Accepted Answer

Because motorcycles lack the same protective enclosures and devices that other automobiles possess, they are potentially more dangerous than automobiles in allowing injuries to their operators. But how much higher is the risk when an accident occurs that was a result of a motorcycle defect? Manufacturer's keep track of repairs on their motorcycles. Voluntary inspections are often conducted on their products to check for defects. When the manufacturer establishes a defect in a motorcycle or a component within it, the manufacturer typically conducts a product safety recall. The National Highway Traffic Safety Administration (NHTSA) is a government agency that tracks many highway safety issues, such as accident statistics and safety recalls. The NHTSA can also order recalls if it discovers a motorcycle defect and it is determined to be a hazard to the driver and others on the road. At the beginning of a safety recall, the manufacturer, by law, is required to file a public report that lists the vehicle or equipment involved in the safety recall, the specific defect or safety standard noncompliance on that vehicle, how the safety recall was determined, the solution being offered, and the recall schedule. The manufacturer should also attempt to notify each owner of a recalled vehicle individually. The repair being made is required, by federal law, to be free of cost to the vehicle owners. Besides safety recalls, proper maintenance, and safe operation, design and assembly flaws can still contribute to a motorcycle defect accident. In these cases, the manufacturer should be held responsible for these defects. Motorcycle accidents are complex. Accidents resulting from motorcycle defects are even more complex because the investigation not only involves the accident alone, but also the design and the process of manufacturing. Proving a case involving motorcycle defects require extensive knowledge in these types of cases. The facts that must be proven are: The motorcycle is defective, The flaw existed prior to purchasing, and The accident and injuries are a result of the defect It may not be obvious that a motorcycle defect was the cause of an accident, or that a defect was even a contributor to an accident. When a motorcycle defect is the suspected instigator of an accident, the investigation becomes much more intense. The accident not only involves the accident itself. The investigation expands to include the design, manufacturing, and assembly of the motorcycle.

Question 3

Can I file a lawsuit against a driver who hit me even if I do not carry insurance coverage?

Accepted Answer

The absence of motorcycle insurance does not prohibit a person from filing a claim against a driver who was at fault for causing you injury.

Question 4

If I have an uninsured motorist policy, can I file a claim if the car that cut me off and caused my motorcycle to veer off the road has not been identified?

Accepted Answer

Yes.

Question 5

Who is at fault if a car turns left in front of me and causes an accident?

Accepted Answer

In most accidents, the vehicle making the left turn will be held accountable because left turning vehicles are required to yield to oncoming traffic. You may be held at least partially responsible, however, if you are found to have been speeding or driving recklessly.

Question 6

What is “lane splitting” or “lane sharing”?

Accepted Answer

Lane splitting is when a motorcycle operator passes in between car lanes on congested roads. Lane splitting is only legal in California if done in a “safe and prudent manner”. Lane sharing is when two motorcycles share the same lane. Lane sharing is legal in most states.

Motorcycle Accident Law

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Circuit splits in motorcycle accident

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Primary law

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Motorcycle Accident Law by state

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