Q: If I am involved in a motorcycle accident, what should I do?

  • Call the police.
  • Seek medical attention immediately.
  • If, due to the severity of your injuries, you are unable to wait for the police, or you are unable to get the driver information (name, address, contact information) of the other driver involved in your motorcycle accident, ask someone to gather the information for you. Many insurance companies have strict notice requirements. Many insurance policies require contact with another vehicle. This information must be available if you are going to have a successful motorcycle accident case.
    For these reasons stated above, try to identify any possible witnesses.
  • Listen carefully to what the other driver said about the accident. Listen and record any admissions of fault at the scene and ask that he repeat these statements of negligence before the investigating police officer.
  • If, due to the seriousness of your motorcycle accident injuries, you must report the accident and how the crash occurred from a hospital, or must have someone report the motorcycle accident on your behalf, then it is important to do so. You must make sure to give all available information regarding how the accident occurred and the fault of the other driver to the police at that time. Do not let the uninjured driver of the car that caused your motorcycle accident tell the police that your injuries were somehow your own fault because you are unavailable at the accident crash scene to be interviewed.

Q: I was in a traffic accident when a car turned left in front of me while I was riding my motorcycle. Who is at fault?
A: A car making a left turn is almost always liable for a collision with a vehicle coming straight in the other direction. Exceptions to this near-automatic rule can apply if the vehicle going straight was going well over the speed limit, or ran a red light.


Q: What does "comparative negligence" mean when determining who is liable for a traffic accident?
A: Comparative negligence apportions fault among the drivers involved in an accident based on their degree of carelessness that contributed to the accident. Where a motorcycle is concerned, a common example of comparative negligence might be where the motorcycle’s headlamp, brake light, or tail light is out, especially if the accident happened at night.

Q: Will my health insurance coverage or paid sick leave from work limit my recovery for my motorcycle accident?
A: If you were injured in a motorcycle accident, whether you paid for medical care out of your own pocket or your health insurance covered it is not relevant; neither is whether your lost time at work was covered by sick leave or vacation pay. Keep in mind, however, that your own health insurance carrier may require that you reimburse it, out of your settlement or award, for some or all of the amounts it has paid to treat your injuries.

Q: What should I do if I am involved in an accident on my motorcycle?
A: If you are unable to immediately meet with an attorney, it is important that you do not admit any fault or sign anything (i.e. any forms from an insurer) in order to preserve your rights. If possible, you should take photos of any injuries or damage to your motorcycle. Keep copies of any medical records or bills, and make records of any related expenses.

Q: I ride a motorcycle recreationally, usually only on weekends. Do I have to wear a helmet?
A: Depending on where you live, you may be required by law to wear a helmet when riding a motorcycle, regardless of how often you ride. Many states have enacted mandatory helmet-use laws for motorcycle riders and their passengers. Call your local Department of Motor Vehicles to find out whether your state has such a helmet law.

 

 

 

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