Motorcycle Accidents

Responsibility - Who Caused the Accident

Almost all motorcycle accidents occur because someone was "negligent.

  • The law applies a basic rule: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one. Legal responsibility, or "liability," for almost all accidents is determined by following these simple propositions:
  • If the injured person was also careless, such as through the failure to observe certain traffic laws, his or her compensation may be reduced by the extent such carelessness caused the accident. This is known as "comparative negligence."
  • If a negligent person causes an accident while working for someone else, his or her employer may also be legally responsible for the accident. This issue can arise, for example, when a delivery van strikes a motorcycle.