Questions And Answers Concerning Motorcycle Accidents

A motorcycle accident can cause significant injuries. If another vehicle caused the accident, the operator of a motorcycle may be eligible for compensation. Here are a few questions and answers concerning motorcycle accidents:

How does comparative negligence relate to a motorcycle accident?

Comparative negligence is used to help assign fault in an accident. It compares the degree of negligence of a driver to that of the other drivers involved in the incident. The person with the greatest degree of carelessness may be assigned fault in the accident. For a motorcycle driver, comparative negligence may include vehicle maintenance issues, such as a broken tail light or a faulty headlamp. These issues may be especially important if the accident occurs at nighttime.

If a motorcyclist is injured during an accident, can reimbursement for medical expenses from a personal insurance company limit settlement amounts?

If you sustained significant injuries during a motorcycle accident, your health insurance may have initially paid for the cost of your medical care. The amount paid by your health insurance does not limit the amount of your settlement. Instead, the health insurance carrier may eventually have to be reimbursed for the amount paid, since both the settlement and your personal health insurance should not pay for the same medical claims. The reimbursement to your insurance carrier usually occurs after a settlement has been awarded.

Can a motorcycle driver who was not wearing a helmet at the time of an accident still seek compensation?

Even if a motorcyclist is not wearing a helmet during an incident, he or she may still be eligible for accident-related compensation if someone else was at fault. Nevertheless, failure to wear a helmet when it is a mandatory regulation for your state may incite a fine or penalty.

What should a motorcycle driver do if he or she is involved in an accident?

If a motorcyclist is involved in an accident, he or she should be sure to do the following:

  • Call the police. It is important to have an official record of the accident, and that is provided by a police report.
  • Call for medical help if injured. It is best to ask for medical help at the scene of an accident if you are injured. A delay in requesting medical treatment can appear to insurance adjusters as an attempt to obtain reimbursement fraudulently.
  • Don't talk to insurance adjusters. If an insurance adjuster from the other driver's insurance company appears at the scene of an accident, it is best not to converse with him or her. Leave the communications up to your motorcycle accident attorney. The things that you inadvertently say to the insurance representative may jeopardize your claim.
  • Take pictures. Try to take pictures of the accident scene and damage to the vehicles.

If you have been injured in a motorcycle accident, contact a motorcycle accident attorney in your area.