Motorcycle riders are in a unique position on the road. They enjoy the freedoms that come with their chosen form of transportation, but they are also left exposed to dangers not faced by automobile drivers and other motorists. The lack of any substantial protective barriers between a motorcycle and the road, as well as the difficulty that motorists may experience in anticipating and seeing a motorcycle, leave riders prone to serious injury in the event of an accident. Motorcycle riders, therefore, must be aware of their legal rights and remedies if they are involved in a traffic accident.
The insurance laws in your state may be very different with respect to motorcycles versus automobiles; consequently, it is very important to consult with an attorney regarding the applicable laws in your state. An attorney experienced in handling motorcycle-related claims will be able to advise you.
The risks that motorcycle riders face, and the need to protect their rights of recovery after an accident, become readily apparent through a review of the following statistics:
Motorcycle accidents, like all traffic accidents, generally happen because someone was careless -- or "negligent." The law applies a basic rule: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one. Legal responsibility, or "liability," for almost all accidents is determined by this rule, and by one or more of the following simple propositions:
If there was more than one person responsible for a traffic accident in which you were injured, the law in most states provides that any one of the careless parties can be held responsible for compensating you fully for your injuries. The responsible parties must then resolve among themselves whether one should pay a greater share of the damages, due to his or her greater share of fault in causing the accident.
This rule allowing an injured party to collect from any responsible person provides some important advantages. If one liable person is insured and another is not, the injured party can make a claim against the insured person for the full amount of his or her damages. And, even if multiple responsible parties are insured, the injured party can settle his or her claim with only one insurance company. Thus, initially, it is wise to notify everyone who might be responsible for an accident that you may file a claim for damages. Then, depending on what is discovered about how the accident happened, you can pursue a claim against only one party.
Even if you were careless and are partly to blame for an accident, in most states you can still get at least some compensation from anyone else who was also careless and partly responsible for the accident. The amount of the other person's liability for the accident is determined by comparing his or her carelessness with your own. That party's portion of liability determines the percentage of the resulting damages he or she must pay. This rule of comparing fault is known as "comparative negligence."
Comparative negligence is applied in three slightly different ways, depending on the state where the accident occurred. The more generous states allow you to recover compensation for your injuries in an amount based on the other person's fault, no matter how great your own fault was. Most states, however, use a slightly more restrictive rule, under which you can't recover anything if your own carelessness was 50% or more responsible for the accident. Finally, a few states don't allow you to recover any compensation at all if your fault is any more than "slight" compared to the fault of the others involved, or if your own carelessness contributed in any way to the accident.
There is no formula for arriving at a precise number for a person's comparative negligence. During negotiations, your attorney and an insurance adjuster will discuss all of the factors that might have caused the accident. Then, the question of your own carelessness will be considered, along with all the other factors that determine how much your claim is worth -- such as the seriousness of your injuries and the amount of your medical bills.
Motorcycles lack crashworthiness and occupant protection. Unlike a car, a motorcycle is lightweight; it has no door, no roof, no airbags, and no safety belts. A motorcycle is less stable than a car because it only has two wheels. Although several factors can contribute to a motorcycle accident, especially operator inexperience and failure to appreciate the limitations of a motorcycle, a defect in a motorcycle's design or manufacture should be considered as a potential cause of an accident, especially one where only the motorcycle driver is involved. An experienced personal injury attorney will be familiar with any relevant product liability issues and, potentially, recalls of certain motorcycle models, and can help determine whether you have a claim against the motorcycle manufacturer.
If you have been injured in a motorcycle accident, there are a number of things you can do to protect yourself and preserve your right to recovery, even prior to consulting with an attorney:
Your next consideration should be to find an attorney to help you evaluate the potential success and value of your claim.
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