Motorcycle Attorney Liability and Negligence 1 — Questions and Answers
Question 1: What is 'pure comparative negligence' as it applies to a motorcyclist's injury claim?
- The motorcyclist cannot recover if more than 50% at fault
- The motorcyclist can recover damages reduced by their own percentage of fault, no matter how high (Correct answer)
- The motorcyclist must prove zero fault to recover
- The at-fault driver pays all damages regardless of the motorcyclist's actions
Correct answer: The motorcyclist can recover damages reduced by their own percentage of fault, no matter how high
Under pure comparative negligence, a plaintiff can recover damages even if 99% at fault, though the award is reduced by their fault percentage.
Question 2: Under 'modified comparative negligence,' a motorcyclist is typically barred from recovery if their fault exceeds what threshold?
- 25%
- 50% or 51% (Correct answer)
- 75%
- 100%
Correct answer: 50% or 51%
Most states using modified comparative negligence bar recovery if the plaintiff is 50% or 51% or more at fault.
Question 3: A driver opens their car door into traffic and a motorcyclist crashes into it. What is this collision commonly called?
- A rear-end collision
- A dooring accident (Correct answer)
- A sideswipe accident
- A head-on collision
Correct answer: A dooring accident
A 'dooring' accident occurs when a vehicle occupant opens a door into the path of a motorcyclist, and the driver is typically liable.
Question 4: When a car turns left in front of a motorcyclist, who is typically found liable?
- The motorcyclist for lane splitting
- The car driver for failing to yield the right of way (Correct answer)
- Both parties equally
- The city for poor road design
Correct answer: The car driver for failing to yield the right of way
Left-turn collisions are one of the most common motorcycle accidents, and the turning driver is typically found liable for failing to yield.
Question 5: What is 'negligence per se' in motorcycle accident law?
- Proving the defendant was extremely careless
- Automatic negligence established when a defendant violates a statute designed to protect people like the plaintiff (Correct answer)
- Negligence by a professional such as a mechanic
- Self-evident injury without medical proof
Correct answer: Automatic negligence established when a defendant violates a statute designed to protect people like the plaintiff
Negligence per se occurs when a defendant violates a law (e.g., running a red light) and that violation directly causes the plaintiff's injury.
Question 6: Which defense argues that the motorcyclist knowingly accepted the risks inherent to motorcycle riding?
- Comparative fault
- Assumption of risk (Correct answer)
- Contributory negligence
- Sudden emergency doctrine
Correct answer: Assumption of risk
Assumption of risk is a defense arguing the plaintiff voluntarily accepted known risks, which can reduce or eliminate the defendant's liability.
Motorcycle Attorney Liability and Negligence 1
What is 'pure comparative negligence' as it applies to a motorcyclist's injury claim?