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

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?

Accepted Answer

50% or 51%

Answer

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?

Accepted Answer

A dooring accident

Answer

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?

Accepted Answer

The car driver for failing to yield the right of way

Answer

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?

Accepted Answer

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

Answer

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.

Motorcycle Attorney Practice Test