If you have been involved in an incident involving a motorcycle, it was likely a very scary experience. Motorcycle accidents are generally more dangerous than car accidents because the motorcycle driver has much less protection.
It can also be difficult in an accident involving a motorcycle and a car to determine liability. It can always help if there are independent witnesses who saw the incident occur. It is quite likely that liability will be established in terms of comparative negligence, unless there was an obvious causal factor such as drunk or reckless driving.
What is the meaning of comparative negligence?
Comparative negligence is a term used when it is acknowledged that there is some blame on both sides in an accident. However, one person might be slightly more to blame that the other. Therefore, if it is determined that the driver of the car was 60 percent to blame and the motorcycle driver was 40 percent to blame, then these percentages would be the amount of damages each person would be responsible for, respectively.
If I’m involved in a motorcycle accident and I’m not wearing a helmet, will I be entitled to recover damages?
Although you should always wear a helmet when driving a motorcycle, and this is enforceable by law in many states, it is unlikely that not wearing one will affect your rights to recover damages.
If you have been involved in a motorcycle accident, you should firstly contact your insurance company and let them investigate it. Make sure to never admit fault and be knowledgable about what you are entitled to.
Source: FindLaw, “Motorcycle Accident FAQ,” accessed Jan. 26, 2018
