Motorcycle Attorney Safety Laws and Regulations 2 — Questions and Answers
Question 1: What federal standard governs motorcycle brake performance requirements in the US?
- FMVSS 108
- FMVSS 122 (Correct answer)
- FMVSS 218
- FMVSS 302
Correct answer: FMVSS 122
FMVSS 122 establishes the braking performance requirements for motorcycles sold in the United States.
Question 2: What is the significance of 'anti-lock braking system' (ABS) evidence in a motorcycle accident lawsuit?
- ABS is irrelevant in accident litigation
- ABS data and the presence or absence of ABS can be used to analyze braking behavior and fault in a crash (Correct answer)
- ABS automatically prevents all liability for the rider
- Only the manufacturer can use ABS evidence
Correct answer: ABS data and the presence or absence of ABS can be used to analyze braking behavior and fault in a crash
ABS event data recorders can provide evidence of braking speed and behavior before a crash, and the presence or absence of ABS may affect injury severity analysis in litigation.
Question 3: What is a 'no-fault' insurance state and how does it affect a motorcycle accident claim?
- A state where no one is ever legally liable for motorcycle accidents
- A state where each party's own insurer pays their medical bills regardless of fault, though motorcycles are often excluded from no-fault systems (Correct answer)
- A state that does not require any motorcycle insurance
- A state where all motorcycle accidents are settled by arbitration
Correct answer: A state where each party's own insurer pays their medical bills regardless of fault, though motorcycles are often excluded from no-fault systems
No-fault states require each driver's own insurer to cover medical bills, but many no-fault states exclude motorcycles, so riders often proceed directly to the tort system.
Question 4: What is the purpose of 'financial responsibility laws' for motorcycle riders?
- To require motorcyclists to pass a financial exam before riding
- To ensure motorcyclists carry minimum liability insurance to compensate others they injure (Correct answer)
- To regulate motorcycle loan interest rates
- To require all riders to post a surety bond
Correct answer: To ensure motorcyclists carry minimum liability insurance to compensate others they injure
Financial responsibility laws require motorcycle operators to carry minimum liability insurance (or post an equivalent bond) to ensure victims of their negligence can be compensated.
Question 5: What is a 'motorcycle safety course' and how can completing one benefit a rider legally?
- It qualifies the rider for a commercial motorcycle license
- Completion may reduce insurance premiums and demonstrate responsible riding behavior that can support a negligence defense (Correct answer)
- It replaces the need for a motorcycle license in most states
- It has no legal significance in accident cases
Correct answer: Completion may reduce insurance premiums and demonstrate responsible riding behavior that can support a negligence defense
Completing a recognized safety course (like the MSF Basic RiderCourse) shows the rider invested in safety training, which can be favorable evidence in litigation.
Question 6: What is a 'conspicuity' issue in motorcycle accident litigation?
- Whether the motorcycle had proper registration
- Whether the motorcyclist was visible enough to other drivers, often raised by defendants as a comparative fault argument (Correct answer)
- The brightness of the motorcycle's paint color as a product defect
- Licensing visibility requirements for motorcycles
Correct answer: Whether the motorcyclist was visible enough to other drivers, often raised by defendants as a comparative fault argument
Conspicuity refers to how visible a motorcyclist was to other drivers; defendants often argue the rider contributed to the accident by wearing dark clothing or riding without lights on.
Motorcycle Attorney Safety Laws and Regulations 2
What federal standard governs motorcycle brake performance requirements in the US?