Motorcycle Attorney Motorcycle Accident Law Basics 1 — Questions and Answers
Question 1: What is the statute of limitations for filing a motorcycle accident personal injury lawsuit in most US states?
- 1 year
- 2 years (Correct answer)
- 5 years
- 10 years
Correct answer: 2 years
Most US states allow 2 years from the date of the accident to file a personal injury lawsuit.
Question 2: Which legal doctrine allows an injured motorcyclist to recover damages even if they were partially at fault?
- Contributory negligence
- Comparative negligence (Correct answer)
- Assumption of risk
- Strict liability
Correct answer: Comparative negligence
Comparative negligence allows a plaintiff to recover damages reduced by their percentage of fault.
Question 3: What must a motorcycle attorney prove to establish a negligence claim after an accident?
- Only that the defendant was speeding
- Duty, breach, causation, and damages (Correct answer)
- That the defendant has insurance
- Only that damages occurred
Correct answer: Duty, breach, causation, and damages
A negligence claim requires proving duty, breach of that duty, causation, and resulting damages.
Question 4: What is a 'demand letter' in a motorcycle accident claim?
- A court filing requesting a trial date
- A written notice to the insurer outlining injuries and compensation sought (Correct answer)
- A request for the police report
- A subpoena for medical records
Correct answer: A written notice to the insurer outlining injuries and compensation sought
A demand letter is sent to the at-fault party's insurer detailing injuries, losses, and the compensation amount sought.
Question 5: Which party typically has the burden of proof in a motorcycle accident civil lawsuit?
- The defendant
- The plaintiff (Correct answer)
- The insurance company
- The court
Correct answer: The plaintiff
In a civil lawsuit, the plaintiff bears the burden of proving their case by a preponderance of the evidence.
Question 6: What standard of proof is required in a motorcycle accident civil case?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (Correct answer)
- Absolute certainty
Correct answer: Preponderance of the evidence
Civil cases use the 'preponderance of the evidence' standard, meaning more likely than not (over 50%).
Motorcycle Attorney Motorcycle Accident Law Basics 1
What is the statute of limitations for filing a motorcycle accident personal injury lawsuit in most US states?