Fault in Motorcycle Accidents

Who pays for damages in a collision depends on the laws of the state in which it happened and the circumstances of the accident. About half the states have “no-fault” laws that do not take into account who caused the accident. Other states have laws that say that the person who caused the accident is responsible for paying for the damages to all parties. Some states take into account how much each party contributed to causing the accident. This is called comparative negligence. (For a list of which states have which types of fault laws, see Car Accidents: Who is at Fault?.)

The same factors that contribute to fault in auto accidents also contribute to fault in motorcycle accidents. These include weather and road conditions, how fast the vehicles were traveling, and whether the drivers were impaired by fatigue or alcohol.

One important factor to consider when determining fault is the helmet requirement for your state. Only four states, Colorado, Illinois, Iowa and New Hampshire, do not have any helmet laws. Twenty states require all motorcycle drivers and passengers to wear helmets while riding, while the other 26 states have laws that require helmets for inexperienced riders or riders under a certain age (usually 18).

Head injuries are a leading cause of death in motorcycle accidents. Wearing a helmet reduces a motorcyclist’s risk of a fatal head injury by 40 percent and of a non-fatal injury by 15 percent. States that have enacted universal helmet laws have reported 15-32 percent drops in the annual number of motorcycle-accident deaths. If you have been injured in a motorcycle accident, you should contact a lawyer to advise you about fault standards in your state. If you would like to have an experienced personal injury attorney review your case, fill out our case evaluation form.

Insurance for Motorcyclists

As with auto drivers, motorcyclists have to meet their state’s licensing requirements, register their motorcycle with the Department of Motor Vehicles (DMV) and obtain insurance. Licensing requirements vary from state to state and may include a written test, a driving test or completion of state-approved motorcycle training. The NHTSA reported that one out of four motorcyclists involved in accidents did not have a valid motorcycle license. Check with your local DMV office to learn more about the motorcycle license laws in your state.

Likewise, minimum insurance requirements vary from state to state. You should contact your insurance agent before buying a motorcycle or scooter. Some states require insurance before you can even drive the bike home from the dealer. Most states require some liability coverage (to pay for damages when the motorcyclist is at fault) at a minimum.

Insurance companies offer many types of insurance in addition to liability: collision/comprehensive coverage to help repair or replace a damaged motorcycle, uninsured motorist coverage in case the other driver is not adequately insured and medical coverage in case your health insurance carrier does not cover injuries from motorcycle accidents. Factors that will normally be considered in the cost of insurance are the type of motorcycle or scooter, your age and driving history and how much you will use the bike.

A Note About Scooters

Laws about scooters and mopeds vary significantly from state to state. In general, a person has to be 16 years old in order to legally drive a scooter. Some states (such as California) class any scooter with an engine larger than 49 cc as a motorcycle and require scooterists to follow all the same licensing and insurance requirements as motorcycle drivers (though scooters are not allowed on freeways or highways in any state). Other states require scooterists to obey the same safety and riding laws as bicyclists, such as complying with traffic laws and riding on the right side of the street near the curb if not going at the speed of auto traffic. Check with your local DMV for scooter laws in your state.