Motorcycle Accident Liability: What You Should Know
If you have sustained an injury or vehicle damage during a motorcycle accident, you need to be familiar with the law and what protections you have. In collisions like these, it is not always straightforward who is responsible and liable. Keep reading to learn more about motorcycle accident liability and how this information works when it comes to a personal injury claim.
Contact Is Not Necessary for Someone to Be Held Responsible
In some motorcycle collisions, the vehicle and bike make no physical contact. For instance, if a vehicle fails to stop at a stop sign, speeds through it, and then ends up losing control while veering toward a bike in the other lane, there is a chance that the motorcyclist may need to lay his or her bike down in order to avoid a crash. In situations like this, the cyclist may sustain serious personal injuries and bike damage, while the speeding driver is likely to be held liable for the accident.
More Than One Person Can Be Held Liable
It is not uncommon for a collision to involve multiple liable parties. Sticking to the example above, as accident investigators begin to examine the accident scene, it may be determined that there is a defective part on the motorcycle that contributed to the cyclist being unable to stop the bike safely. Another possible scenario is that the area where the accident occurred was under road construction and the motorcyclist struck their head on a piece of equipment as they came to a halt. There are numerous factors and variables that can play a considerable role in a personal injury case, which means that more than one person can be held responsible for damages.
Liability Can Be Impacted by Whether a Helmet Was Worn
Depending on the state in which you live, you may or may not be required to wear a helmet when you are on a motorcycle — as a driver or a passenger. Regardless of the law, though, choosing to wear a helmet can impact your personal injury claim should you decide to move forward with one following a motorcycle accident, even if you are not found to be at fault. This is particularly true for comparative negligence states. So, if you are found to have contributed to your injuries by opting to not wear a helmet while on your motorcycle, any compensation that you are awarded in a personal injury suit will be reduced by the percentage of your culpability.
If you have been involved in a motorcycle accident and suffered injuries, talk to a motorcycle accident lawyer in your area.
Share