What if another driver is negligent?
Anyone operating a motor vehicle should always be attentive behind the wheel and give motorcyclists plenty of space to ride safely. However, when riding a motorcycle, sometimes it is not possible to evade negligent drivers. Negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
If a negligent (or intentionally reckless) driver causes an accident, motorcyclists can recover damages if they can prove:
- The at-fault driver had a duty to take reasonable care.
- The driver failed to take reasonable care.
- The driver’s actions caused the motorcyclist’s injuries.
- The motorcyclist suffered injuries and other damages.
Some motorcycle accidents result from a defect in the design or manufacture of the motorcycle, or its components, in which case the company that designed or built the motorcycle or its parts may have legal liability for damages.
Motorcycles are much more sensitive to road conditions. Therefore, poorly maintained roads may contribute to an accident.