Motorcycle Accident FAQs
I was riding my motorcycle and a car turning left hit me - who is to
blame?
What does "comparative negligence" mean?
I have health insurance and paid sick leave from my job - does that impact
how much I can recover in my motorcycle accident claim?
What's the first thing I should do - besides obtain immediate medical
attention - if I'm involved in an accident on my motorcycle?
Does the law require that I tell the police if I'm involved in an
accident on my motorcycle?
I was hit by a car while riding my motorcycle and the accident was not my
fault. I have suffered extensive injuries and have incurred significant medical
bills - but I didn't have motorcycle liability insurance at the time of the
accident. Does that mean I can't file a lawsuit?
My motorcycle crashed because of a defect in the motor, and I have
suffered serious injuries as a result - can I sue the manufacturer?
I was riding my motorcycle and a car turning left hit me - who is to blame?
In most cases, the vehicle making the left turn is considered liable for
any crash with another vehicle that is coming straight in the other direction.
Unless you were speeding or ran a red light, it's likely that the car was to
blame.
Back to top of page
What does "comparative negligence" mean?
Comparative negligence is a legal principle for assigning blame in a
car
accident in which more than one party was to blame. For instance, if a car hit
your motorcycle, it might seem that the car is automatically at fault - but if
it was at night and your tail light was out, the court might consider that you
shared some part of the blame. The court uses comparative negligence to
determine how much damages you recover - if you share half the blame for the
accident, your damages will be reduced by 50%.
Back to top of page
I have health insurance and paid sick leave from my job - does that impact how much I can recover in my motorcycle accident claim?
No, whether or not you have any benefits does not play a role in
determining the amount of your damages. However, your health insurance company
may require reimbursement from your settlement, if you used health insurance to
pay some of your medical expenses related to your injury.
Back to top of page
What's the first thing I should do - besides obtain immediate medical attention - if I'm involved in an accident on my motorcycle?
Avoid signing anything from an insurance company
regarding your
motorcycle accident, such as a release, which
may prevent you from taking further legal action. If at all possible, document
your injuries by taking photographs of both you and your motorcycle. Keep copies
of your medical records, medical bills, and the police report. All of this
information will be valuable when you contact a lawyer, so the more
documentation you can obtain right away, the better prepared you will be if
legal action is necessary.
Back to top of page
Does the law require that I tell the police if I'm involved in an accident on my motorcycle?
In most cases, yes. If you or anyone else is injured, or your motorcycle
is damaged, you need to notify the police and file a report. It can be difficult
to convince the court that your injuries are severe enough to warrant
compensation if you didn't file a police report.
Back to top of page
I was hit by a car while riding my motorcycle and the accident was not my fault. I have suffered extensive injuries and have incurred significant medical bills - but I didn't have motorcycle liability insurance at the time of the accident. Does that mean I can't file a lawsuit?
In California, an injured vehicle operator who doesn't have liability
insurance can recover lost wages, medical bills and other out-of-pocket expenses
related to the injury. However, you cannot recover pain and suffering or other
types of damages. The only exception is if your accident was caused by a driver
who was drunk or under the influence of drugs at the time of your
motorcycle
accident.
Back to top of page
My motorcycle crashed because of a defect in the motor, and I have suffered serious injuries as a result - can I sue the manufacturer?
Yes, if your
motorcycle accident and injuries were caused by a
product defect, you
may have grounds for a product liability claim. It's very important to
contact a motorcycle
accident attorney right away, however, and keep access to the vehicle for
documentation purposes.
Back to top of page
