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Lawsuits & Litigation

Understanding Motorcycle Accident Liability Before Opening a Case

— November 23, 2022

Motorcycle accident lawsuits are a common way to help the victim(s) get the compensation they need.

Motorcycle accidents can be a life-changing experience for survivors. Understanding the law before you open your case is vital, as it could affect who will be liable for your injuries. Liability is determined by what happened before your accident; to determine liability, you must know who is at fault.

This means that if a motorcycle rider ran through a red light and struck a pedestrian, they would assume liability because they did something wrong. If not, they assume they are not at fault. Conversely, if someone hit your motorcycle, they would be liable for the damage inflicted on your vehicle.

What You Should Know About Liability

In the United States, a person is liable for damaging other people’s property or causing injuries to others if they fail to conduct himself safely around other people, acts unsafely, or breaks that state’s laws.

For example, if you are riding your motorcycle and hit someone because you were driving under the influence (DUI), then you are at fault. You are at fault if you were riding your motorcycle and hit another vehicle while speeding on a highway.

If someone entered your traffic lane (on a bike) in such a way that caused you to lose control of your motorcycle and wreck, they could be at fault.

What About the Motorcycle Rider?

The law also captures the motorcyclist, who could also be liable for his injuries. For example, if you are a motorcycle rider and hit someone because you were going too slow, you can be at fault.

You would be at fault if you were riding under the influence of alcohol or drugs. If your bike hits another vehicle, then it is generally your fault since you did not take the time to check if anyone was coming into your lane of traffic.

What About the Police?

The police officers responding at the scene will write an accident report and may assess possible causes of the motorcycle accident. For example, if you are in an accident and the other person is not at fault, they could still be taken into questioning by the police.

Reasons Why You Need a Motorcycle Accident Lawyer

There are a few reasons why you need to talk to a motorcycle accident lawyer before you open any cases. The main reason is that they know the law regarding taxes, and they will be able to take care of everything without confusing you with too many details.

A good lawyer knows everything there is to know about liability, and they will be able to help prevent the insurance companies from hurting your settlement. They can do this because they know\what information must be included in filing a lawsuit or claim.

Common Terms in Motorcycle Accident Law

Man on motorcycle; image by Sourav Mishra from
Man on motorcycle; image by Sourav Mishra from

There are some common terms that you should understand when dealing with motorcyclists. The following are some of the terms used in cases involving different accidents.

Personal Injury Protection (PIP) Insurance

This form of insurance pays for certain injuries while it falls under your policy limits. It only applies to injuries sustained while riding a motorcycle, and it only pays if you are found at fault in the accident. In other words, you can not be sued for this type of accident if you did not break the law or violate another person’s rights.


This is the amount of your insurance you must contribute to a claim before the insurance company pays for your damages. If you hit someone, you may only need liability coverage (meaning no deductible). Still, if someone else was at fault for the accident and their insurance does not cover the damages, you might have to pay more than your deductible.

Liability Coverage (L&I)

This portion of your policy covers legal expenses, including attorney fees and court costs. If you are found to be at fault in an accident, then this could affect your settlement amount. Most states value this coverage at $1 million per person or $2 million per accident.

A Lawyer Can Help You Get Compensation

Motorcycle accident lawsuits are a common way to help the victim(s) get the compensation they need. However, to successfully win your case, you should know a few things about motorcycle accident liability before filing your claim.

The main thing is that you should have as much knowledge as possible because this could make or break any case. It is crucial to reach out and seek the services of a qualified attorney before making any decisions regarding your claim.

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