Motorcycle Attorney Liability and Negligence

Question 1

What is 'pure comparative negligence' as it applies to a motorcyclist's injury claim?

Accepted Answer

The motorcyclist can recover damages reduced by their own percentage of fault, no matter how high

Answer

The motorcyclist cannot recover if more than 50% at fault

Answer

The motorcyclist must prove zero fault to recover

Answer

The at-fault driver pays all damages regardless of the motorcyclist's actions

Question 2

Under 'modified comparative negligence,' a motorcyclist is typically barred from recovery if their fault exceeds what threshold?

Accepted Answer

50% or 51%

Answer

25%

Answer

75%

Answer

100%

Question 3

A driver opens their car door into traffic and a motorcyclist crashes into it. What is this collision commonly called?

Accepted Answer

A dooring accident

Answer

A rear-end collision

Answer

A sideswipe accident

Answer

A head-on collision

Question 4

When a car turns left in front of a motorcyclist, who is typically found liable?

Accepted Answer

The car driver for failing to yield the right of way

Answer

The motorcyclist for lane splitting

Answer

Both parties equally

Answer

The city for poor road design

Question 5

What is 'negligence per se' in motorcycle accident law?

Accepted Answer

Automatic negligence established when a defendant violates a statute designed to protect people like the plaintiff

Answer

Proving the defendant was extremely careless

Answer

Negligence by a professional such as a mechanic

Answer

Self-evident injury without medical proof

Question 6

Which defense argues that the motorcyclist knowingly accepted the risks inherent to motorcycle riding?

Accepted Answer

Assumption of risk

Answer

Comparative fault

Answer

Contributory negligence

Answer

Sudden emergency doctrine